HomeMy WebLinkAboutSANTA ANA UNIFIED SCHOOL DISTRICT (20)INSURANCE ON FILE
WORK MAY PROCEED
UNTIL INSURANCE EXPIRES
0"1. e 1.1C ZZ
CLERK OF COUNCIL
DATE:
o LICENS
N
A-2022-029
1_3 This LICENSE AGREEMENT ("Agreement") is dated as of Febmary 1, 2022, and
entered into by and between the CITY OF SANTA ANA, a charter city and municipal corporation
existing under the Constitution and laws of the State of California ("City"), and the Santa Ana
Unified School District ("Licensee").
O•�.t'iekN4nelez�P►���4�CS'1) I RECITALS
A. The City is the owner of that certain real property located in the City of Santa Ana,
County of Orange, California, more specifically identified as 2102 S. Flower Street (APN # 015-
160-01)("the Property") also known as Memorial Park. City will allows Licensee to use a portion
of the Property consisting of the east side parking lot, with approximately forty-six (46) parking
spaces as depicted on Exhibit A ("License Area") during the term of this License Agreement.
B. Licensee desires to use the License Area for purposes of parking during the License
period ("Permitted Uses").
C. The City has agreed"to grant Licensee a license to use the License Area, on the
terms and conditions set forth in this Agreement.
NOW THEREFORE,, for and --in consideration of the mutual covenants and agreements
herein contained and for other good:and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties hereto agree as follows:
1. License. The City hereby grants to Licensee a nonexclusive license for the right to
enter and use the License Area beginning on February 2, 2022 for the Permitted Uses described in
Recital B, upon the terms and conditions set forth herein ("License"), subject to Licensee's
performance of all of its obligations under this Agreement. This License shall remain in effect
until June 30, 2023. The License may be terminated by the City or Licensee upon thirty (30) days
written notice. This Agreement is intended and shall be construed only as a revocable license to
use the License Area and not as a lease or grant of any possessory or other interest. Licensee
agrees to the following obligations during the term of this License:
1.1 Licensee will have access to the License Area, Monday- Friday 6
a.m. to 6 p.m.;
1.2 Licensee will be responsible for paying the License fee set forth in
Section 6 of this Agreement, regardless of how many parking spots
are actually used of a daily basis;
1.3 Licensee will be responsible for opening and closing the gates to the
License Area Monday- Friday during the term of the License
Agreement;
1.4 Licensee will be responsible for any loss, theft and/or vandalism to
vehicles and parking lot area dwing usage time and
1.5 Licensee shall be responsible for parking logistics.
Page 1 of 7
...-.-..... --
2. Restoration and Clean Uo. At its sole cost, Licensee shall, after use of the License
Area, restore the License Area to its original condition in which it existed immediately prior to the
Agreement, leave the License Area in a neat and clean condition to the sole satisfaction of the
City, free of trash and debris, and remove all property and materials of Licensee. Licensee shall
cause the License Area to be cleaned, with such work to be completed no later than the times
specified in the License as stated in paragraph I above, and the License shall be extended to such
time for the limited purpose of allowing the cleaning work to be completed,
3. Comoliance with Laws. Licensee shall cause all activities of Licensee under this
Agreement and all activities on the License Area to be performed in compliance with all applicable
federal, state, and local laws, ordinances, and regulations, and permits.
4. Damage • In the event that Licensee damages any portion of the License Area or
the improvements or equipment therein, Licensee shall immediately repair the damage at
Licensee's sole cost, Alternatively, the City may, at its election, repair the damage in which case
Licensee shall reimburse the City for its cost within fifteen (15) days of receipt of written demand
from City.
5. Licensee Parties. Licensee, together with its employees, subcontractors, agents;
representatives, invitees, and all persons entering the License Area, by or through or at the direction
of Licensee, are collectively referred to herein as the "Licensee Parties." Licensee shall be
responsible for the Licensee Parties and shall cause the Licensee Parties to comply with the terms
of this Agreement.
6. Fee, As consideration for this Agreement, Licensee shall pay City a total license
fee of thirty-nine thousand one hundred dollars ($39,100) over the term of the License. Licensee
shall pay two thousand and three hundred dollars ($2,300) per month starting February 1, 2022
and on the first of every month thereafter during the term of this License. Payment shall be made
to "City of Santa Ana" and mailed to:
City of Santa Ana
Parks, Recreation and Community Services Agency
Attention: Administrative Services Division
20 Civic Center Plaza, M-23
P.O. Box 1988
Santa Ana, CA 92702
7. AS -IS Condition. City makes no representation or warranty of any kind as to the
condition of the License Area or any other matter relating to Licensee's use of the License Area.
Licensee hereby disclaims and waives any and all objections to the physical and other
characteristics and conditions of the License Area. Licensee acknowledges and agrees that the use
of the License Area will be on the basis of Licensee's own investigation of the condition of the
License Area. The license to use the License Area shall be granted on an "AS -IS," "WITH ALL
FAULTS" basis, without representation or warranty expressed or implied by City, or by operation
of law. City expressly disclaims, which Licensee hereby acknowledges and accepts, any implied
warranty of condition or fitness for a particular purpose or use. Licensee's use of the License Area
shall be subject to the License Area being in a usable and safe condition at the time of Licensee's
Page 2 of 7
use and Licensee shall be responsible for determining whether the License Area is in such
condition. hi connection therewith, in the event that the License Area or access thereto is damaged
or obstructed or the use by Licensee is otherwise impaled, prevented or limited, City shall have
no obligation or duty to repair the damage or rectify the condition to make the License Area usable
or safe,
8. Insurance.
811 Licensee shall secure or cause its agents or contractors perfornndng
any entry onto the License Area to secure, prior to commencing any
activities under this Agreement, and maintain or cause to be
maintained during the tern of this Agreement, insurance coverage
as follows:
8.1.1 .. Commercial General Liability (CGL): Insurance
Services Office Form CG 00 01 covering 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
projeot/location (ISO CG 25 03 or 25 04) or the general
aggregate limit shall be twice the required occurrence limit.
8.1.2 Automobile Liability: ISO For i Number CA 00 01
covering any auto (Code 1), or if Licensee has no owned
autos, hired, (Code 8) and non -owned autos (Code 9),, with
limimc, less than $1.,0000000 per accident for bodily injury
and property damage.
8.1.3 Workers' Compensatiam as required by the State of
California, with Statutory Limits, and Employer's Liability
Insurance withlimit of no less than$1,000,000 per accident
for bodily injury or disease.
8,2 If the Licensee maintains broader coverage and/or higher
limits than the mininu mis shown above, the City requires
and shall be entitled to the broader coverage and/or the
higher limits maintained by Licensee. Any available
insurance proceeds in excess of the specified minimum
limits of insurance and coverage shall be available to the
City.
8.3 The insurance policies are to contain, or be endorsed to
contain, the following provisions:
8.311 Additional Insured Endorsement- The City, its
officers, officials, employees, and volunteers are
to be covered as additional insureds on the CGL
policy with respect to liability arising out of
Licensee Parties use of the License Area,
General liability -coverage can be provided in the
Page 3 of 7
form of an endorsement to the Licensee's
insurance.
8.3.2 Primary Coverage- For any claims related to this
License, the Licensee's insurance coverage shall
be primary coverage at least as broad as ISO CO
20 01 04 13 as respects the City, its officers,
officials, employees, and volunteers. Any
insurance or self-insurance maintained by the
City, its officers, officials, employees, or
volunteers shall be excess of the Licensee's
insurance and shall not contribute with it.
8.4 Notice of Cancellation- Each insurance policy required
above shall provide that coverage shall not be canceled,
except with notice to the City.
8.5 Waiver of Subrogation- Licensee hereby grants to City a
waiver of any right to subrogation, which any insurer of
said Licensee may acquire against the City by virtue of
the payment of any loss under such insurance. Licensee
agrees to obtain any endorsement that may be necessary
to affect this waiverof subrogation, but this provision
applies regardless of whether or not the City has received
a waiver of subrogation endorsement from the insurer.
8.6 Self -Insured Retentions- Self insured retentions must be
declared to and approved by the City. The City may
require theLicensee to purchase coverage with a lower
retention or provide proof of ability to pay losses and
related investigations, claim administration, and defense
expenses within the retention, The policy language shall
provide, or be endorsed to provide, that the self -insured
retention may be satisfied by either the named insured or
City.
8.7 Acceptability of Insurers- Insurance is to be placed with
insurers authorized to conduct business in the state with
a current A.M. Best's rating of no less than A:VII, unless
otherwise acceptable to the City.
8.8 Verification of Coverage- Licensee shall furnish the City
with original Certificates of Insurance including all.
required amendatory endorsements (or copies of the
applicable policy language effecting coverage requiredby
this clause) and a copy of the Declarations and
Endorsement Page of the CGL policy listing all pry
endorsements to City before work begins. However,
failure to obtain the required documents prior to the work
Page 4 of 7
beghming shall not waive the Licensee's obligation to
provide them,
8.9 The City reserves the right to require complete, certified
copies of all required insurance policies, including
endorsements required by these specifications, at any
tirno.
8.10 Special Risks or Circumstances- City reserves the right
to modify these requirements, including limits, based on
the nature of therisk, prior experience, insurer, coverage,
or other special circumstances.
9, Indemnity. Licensee shall indemnify, defend, and hold harmless City, and its
respective agents, representatives, employees, subsidiaries and affiliates ("Covered Parties")
fivnn and against any and all actions, suits, claims, demands, judgments, losses, expenses, or
llobllitlea; i4uries. and damages to persons and property, including death, arising out of or related
to Licensee's use of the License Area, the entry by any Licensee Party on the License Area or
surrounding property, or Licensee's breach or default in the perCormance of any of its obligations
under this Agreement; provided, however, that Licensee will not be obligated to indemnify the
Covered Parties from any claims arising solely from the gloss negligence or willful misconduct of
a Covered Party.. If any action or proceeding is brought against any Covered Patty by reason of
any. suchclaim, Licensee, upon receipt of written notice from Covered Party, shall defend the same
at Licensee's ,expense.with.legal counsel reasonably acceptable to Covered Party, Payment shall
not be a conditioh precedent to recovery under any indemnification In this Agreement, and a
finding of liability or an obligation to, indemnify shall not be a condition precedent to tho duty to
defend. The provisions of this Section 10 shall survive the termination or expiratiorn of this
Agreement.
10, lyIiscellaneous.
10.1 Entire.Agroement, Waiver and Amendments. This Agreement incorporates
all of the terms and conditions mentioned heroin, or incidental hereto, and supersedes all
negotiations ,and previous agreements between the parties with respect to the subject matter of this
Agreement, All waivers of the provisions of this Agreement must be in writing and signed by the
appropriate authorities of the party to be charged. Any amendment or modification to this
Agreement roust be in writing and executed by the appropriate authorities of the City and Licensee.
101 Severabilitv. If any term, provision, covenant, or condition of this
Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the
remaining provisions of the Agreement shall continue in full force and effect, unless and to the
extent the rights and obligations of one or both parties has been materially altered or abridged by
such holding.
103 No Assignment. Licensee shall not assign or transfer or otherwise convey
any interest in this Agreement to any party without the express prior written consent of City, which
consent may be withheld in City's sole and absolute discretion.
Page 5 of 7
A-2022-029
10.4 Avolicable Law. This Agreement shall be construed and enforced in
accordance with the internal laws of the State of California.
10.5 Litigation);xoenses. If either party to this Agreement commences an action
against the other party to this Agreement arising out of or in connection with this Agreement, the
prevailing party shall be entitled to recover reasonable attorneys' fees, expert witness fees, costs
of investigation, and costs of suit finm the losing party.
10.6 Authority The persons executing this Agreement on behalf of the parties
hereto represent and warrant to the other party that they are duly authorized to execute and deliver
this Agreement on behalf of such party, and by so executing this Agreement, said party is formally
bound to the provisions of this Agreement.
10.7 Notices. Any notices, requests, or approvals given under this Agreement
from one parry to another shall be in writing and shall be personally delivered or deposited with
the United States Postal Service for mailing, postage prepaid, by certified mail, return receipt
requested, to the addresses of the other party as stated in this section, and shall be deemed to have
been received at the time of personal delivery or three (3) days after the deposit for mailing.
Notices shall be sent to:
If to Licensor: Santa Ana Unified
School District
Attn: Jeremy Cogan
Director of Facilities Planning
1601 East Chestnut Avenue
Santa Ana, CA 92701
If 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
10.8 Execution in Counterpart. This Agreement may be executed in several
counterparts, and all so executed shall constitute one agreement binding on both of the parties
hereto, notwithstanding that both parties are not signatories to the original or the same counterpart.
IN WITNESS WHEREOF, City and Licensee have entered into this Agreement as of the
day and year first written above.
CITY OF SANTA ANA ATTEST
Kristine Ridge Daisy Gomez
City Manager Clerk of the Council
[Signatures continue on the next page]
Page 6 of 7
APPROVED AS TO FORM
Sonia R. Carvalho
City Attorney
Laura A. Rossini
Chief Assistant City Attorney
RECOMMENDED FOR APPROVAL
r�
Rudloff
Executive Director
Parks, Recreation and Community Services
Agency
Page 7 of 7
Santa Ana Memorial Park .
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Francine R. Digitally signed by
Francine R. Villareal
Date: 2021.07.16
Villareal
Santa Ana Unified School Distrct65:29.07'00'
RISK MANAGEMENT DEPT. Jerry Almendarez
Superintendent of Schools
July 7, 2021
City of Santa Ana
Risk Management Division
20 Civic Center Plaza
Santa Ana, CA 92702
RE: Insurance Coverage for Santa Ana Unified School District
(School Year 2021-2022)
The purpose of this letter is to advise that the Santa Ana Unified School District is insured for
General and Automobile Liability from $50,000 to $5,000,000 with the Alliance of Schools for
Cooperative Insurance Programs (ASCIP) with a SIR of $50,000.
The District is also insured for Property with the Alliance of Schools for Cooperative Insurance
Programs (ASCIP) with a SIR of $25,000. The District is also insured with the Alliance of schools
for Cooperative Insurance programs (ASCIP) for Comprehensive Crime and Automobile Physical
Damage. All these documents are attached.
Additionally, the District has excess liability insurance with the Schools Excess Liability Fund
(SELF) from $5,000,000 to $55,000,000.
The District is self -insured up to a $1,000,000 for workers' compensation and additionally, the
District has Excess Workers' Compensation Insurance with Safety National from the $1,000,000
self -insured retention level.
If you have any questions, please call me at (714) 558-5875.
Sincerely,
�Q?F.- aSa ra Nazir
Executive Director of Risk Management
Enclosure: Copy of Certificate to Consent to Self -Insure #7523 for Workers' Comp
Certificate of Insurance and Additional Endorsement from ASCIP
1601 East Chestnut Avenue, Santa Ana, CA 92701-6322, (714) 558-5501
BOARD OF EDUCATION
Rigo Rodriguez, Ph.D., President • Carolyn Torres, Vice President
Alfonso Alvarez, Ecl Clerk • John Palacio, Member • Valerie Amezcua, Me
a`L PenEWM&APPROVIOSr
i ' f�r.t �. ��Uwncc!• ..
`--®' Risk Management Analyst
EVIDENCE OF COVERAGE
DATE6/3/200 1
/2021
This Evidence of Coverage is used as a matter of information only and confers no rights upon the Certificate Holder. This Evidence of Coverage does not
amend, extend, or alter the coverage afforded by the memoranda listed below.
MEMORANDUM NUMBER: 144
JOINT POWERS AUTHORITY (JPA)
Alliance of Schools for Cooperative Insurance Programs
16550 Bloomfield Avenue
Cerritos, CA 90703
www.ASCIP.org
CONTACT NAME: Mr. Reshan Cooray
PHONE: (562) 404-8029 cooray@ascip.org
JPA MEMBER
Santa Ana Unified School District
1601 E. Chestnut Avenue
Santa Ana CA 92701-6322
This is to certify that the Alliance of Schools for Cooperative Insurance Programs (ASCIP) Memorandum of Coverages on insurance listed below have
been issued to the Covered Party named above for the period indicated. Notwithstanding any requirement, term, or condition of any contract or other
document with respect to which this Evidence of Coverage may be used or may pertain, the coverages afforded by the Memorandum of Coverages
described herein are subject to all the terms, exclusions, and conditions of such Memorandum of Coverages.
TYPEOFCOVERAGE
AIDDL
INSR
MEMORANDUM NUMBER MOC)
( (MMIDDNYYY)
POLICY EFF
POLICY EXP
11:01a.m.
LIMIT OF LIABILITY/COVERAGE
GENERALLIABILITY
OCCURRENCE
Personal lNury
MCC #144
7/1/2021
7/1/2022
COMBINED SINGLE LIMIT PER OCCURRENCE
$ $5,000,000
AGGREGATE
s N/A
$
Errors & Omission
$
Employment Practices
$
AUTOMOBILE
LIABILITY
AUTOMOTIVE PHYSICAL DAMAGE
COMPREHENSIVE / COLLISION
ANYAUTO
Owned Auto
MCC #144
7/1/2021
7/1/2022
COMBINED SINGLE LIMIT PER OCCURRENCE
$ $5,000,000
ACTUAL CASH VALUE
$
$
$
Hired Auto
$
PROPERTY
BUILDING / CONTENTS
FIRE, THEFT, RENTAL INTERRUPTION
REPLACEMENT COST SUBJECTTO POLICY LIMITS,
AND CONDITIONS
TERMS,
$
$
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
❑ WC STATUTORY LIMITS
NIA
EACHACCIDENT
$
PER EMPLOYEE
$
POLICY LIMIT
$
OTHER
EMPLOYEE DISHONESTY (CRIME)
SUBJECT TO POLICY LIMITS, TERMS, AND CONDITIONS
Is
$
ADDITIONAL REMARKS:
As respects to use of facilities
CERTIFICATE HOLDER
City of Santa Ana
Attn: Risk Management Division
20 Civic Center Plaza
Santa Ana CA 92702
CANCELLATION
Should any of the above coverages for the Covered Party be changed or withdrawn prior
to the expiration date issued above, ASCIP will mail 30 days written notice to the
Certificate Holder, but failure to mail such notice shall impose no obligation or liability of
any kind upon ASCIP, its agents, or representatives.
AUTHORIZED REPRESENTATIVE: Ffltz J. HelJA
*ASCIP is ajoint powers authority pursuant to Article 1(commencing with Section 6500) Chapter 5 of Division 7 ofrUe 1 ofthe Government Code and Sections 39i
62681347 1144 1 21/22 A11 Types I Nancy Lopez 16/3e/2021 6:52:56 PM (PDT) I Page 1 of 2
��I.,,\r REVIEWED,• &APPRD�B�Y,
Risk Management Analyst
F,
Additional Covered Party Endorsement
District: Santa Ana Unified School District
Endorsement No.
62681347
Additional Covered Party:
Description of Operations, Vehicle, or Property:
City of Santa Ana
As respects to use of facilities
its officers, agents, employees and volunteers
Coverage Period: Effective:7/1/2021 Expires 12:01 a.m.: 7/1/2022
The coverage provided to the Covered Party is hereby extended by this endorsement to the Additional Covered Party named above
in accordance with the provisions contained in the Memorandum of Coverage (MOC). The coverage extended hereby applies only
with respect to liability arising out of activities in the Description of Operations, Vehicle, or Property noted above. It is intended by
ASCII' in issuing this endorsement to defend and/or indemnify the Additional Covered Party. In issuing this endorsement, ASCIP
intends and agrees to extend coverage pursuant to the terms and conditions of the MOC to the Additional Covered Party named
above only to the extent that the Additional Covered Party faces liability arising out of claims, demands, or lawsuits claiming money
damages on account of bodily injury or property damage as defined and limited in the ASCIP MOC. The limits of liability extended
to the Additional Covered Party listed above is $5,000,000 per occurrence for liability. Such insurance as afforded by this policy
shall be primary, and any insurance carried by the Additional Covered Party named above shall be in excess and non-contributory.
i
Authorized Representative:
Date Issued:6/30/2021
ASCfP is ajoint powers authority pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government
Code and Sections 39603 and 81603 of the Education Code.
Rev 5/97
t� . a.. t° �.wsrvuvrgcmaavnwiw
w REVIEWED & APPROVED BY:
9 F44�Ci:4.[ 2. Utt la
Risk Management Ana y%t
62681347 1144 1 21/22 A11 Types I Nartry Lopez 16/30/2021 6:52:56 PM (PDT) I Page 2 of 2
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