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HomeMy WebLinkAboutSHAKESPEARE BY THE SEA (4)N N N INSURANCE NOT ON FILE WORK MAY NOT PROCEED CLERK OF COUNCIL Q DATE: d: PRCSA (2)(Soniol5gtreS)DI March t7 , 2022 Shakespeare by the Sea ("Speaker/Performer") 777 Centre Street San Pedro, CA 90731 Re: Speaker/Performer Engagement Agreement N-2022-105 This letter represents your agreement with the City of Santa Ana ("City") as entered into on the above date for the engagement described below: 1. Event Description: As further provided in Exhibit A, attached hereto, Speaker/Performer shall provide a free of the public performance of "Romeo and Juliet" by William Shakespeare. 2. Date(s): Thursday, July 28, 2022. 3. Event Time(s): 7:00 p.m. to 9:00 p.m.; Speaker/Performer may begin setup of its equipment at 1:00 p.m. and will remove its equipment after the performance. 4. Location ("Property"): Birch Park, 210 N. Birch Street, Santa Ana, CA 92701 ("Property"). 5. Compensation: $5,000.00 (payable by check on day of event); Speaker/Performer must provide IRS form W-9 before payment can be made 6. Provided by City: 9K Whisper generator/spider box and special 100-ft cord. 7. Provided by Speaker/Performer: All other equipment an&materials necessary, including, but not limited to: all equipment, props, costumes, materials, actors, and personnel for engagement. 8. City Contact Person (for coordinating purposes only): Erendira Moreno 714-571-4285 9. Independent Contractor: Speaker/Performer 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 Speaker/Performer performs the services that are the subject matter of this Agreement; however, the services to be provided by Speaker/Performer shall be provided in a manner consistent with all applicable standards and regulations. Speaker/Performer 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. 10. Indemnification: Speaker/Performer, his or her agents, or employees (if applicable) agrees to and shall indemnify, defend, and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from and against all loss, expenses, or liability (including costs and attorney's fees) arising from the negligence or willful misconduct of Speaker/Performer, his or her agents, or employees. II. Release: Speaker/Performer accepts the Property and any City -provided equipment used in connection with the performance in their "as -is" condition, with all faults. Speaker/Performer fully releases, waives and discharges forever any and all claims, demands, rights, and causes of action of any kind or nature against, and covenants not to sue, City, its elected officials, officers, employees, agents and volunteers, and all persons acting on behalf of, by, Letter Agreement — Shakespeare by the Sea Page 2 through or under each of them, under any present or future laws, statutes, or regulations for any claim or event relating to the condition of the Property or City -provided equipment or Speaker/Performer's use thereof. 12. Commercial General Liability Insurance (CGL). Speaker/Performer shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, not be limited to protection against claim arising from bodily and personal injury including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Speaker/Performer's operations in the performance of this Agreement, including without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including property damage, bodily injury and personal and advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the require occurrence limit. 13. Automobile Liability. If Speaker/Performer's auto is used in the performance of work, Speaker/Performer shall carry the following: Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), or if Speaker/Performer 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. 14. Workers' Compensation. If Speaker/Performer has employees, workers' compensation insurance is required by the State of California, with Statutory Limits, and Employer's Liability Insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease. 15. Certificates of Insurance. Speaker/Performer shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications, at any time. 16. Primary Coverage. For any claims related to this contract, the Speaker/Performer's coverage shall be primary insurance coverage at least as broad as ISO CG 20 0104 13 as respects to the City, its officers, officials, employees, agents and volunteers. 17. Waiver of Subrogation. The Insurance Company agrees to waive all rights of subrogation against the City, its elected or appoints officers, officials, agents, and employees for losses paid under the terms of any policy which arise from work performed by the Speaker/Performer for the City. This provision also applies to the Speaker/Performer's Workers' Compensation policy. 18. Cancelation of Insurance Policy. Each insurance policy required shall not be canceled, except with thirty (30) days written notice to the City. 19. The City shall have the right and royalty -free license to simulcast or produce and show a tape -delayed broadcast of Speaker/Performer's presentation to the City community or general public, through webcast or any other means. This license shall be non-exclusive and the copyright shall remain with the Speaker/Performer. Copies of Speaker/Performer's presentation may be maintained by the City, and Speaker/Performer consents to use of such recordings. 20. Speaker/Performer is solely responsible for payment of royalty fees, performance fees, or similar fees that may be required by unions or similar organizations. Speaker/Performer shall indemnify the City against any liability or damages, including attorney's fees, that may arise as a result of violation by Speaker/Performer of copyright laws. 2L Speaker/Performer 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 Letter Agreement — Shakespeare by the Sea Page 3 veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Speaker/Performer affirms that they are an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 22. This Agreement shall in all respects shall be interpreted, enforced, and governed exclusively by and under the laws of the state of California. Both parties 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. 23. This Agreement represents the complete and exclusive statement between the City and Speaker/Performer regarding the subject matter herein and supersedes any and all other agreements, oral or written, between the parties. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Speaker/Performer. CITY OF SANTA ANA KRISTINE R15GE City Manager o4 RECOMMENDED FOR APPROVAL f� Lisa udloff Executive Director Parks, Recreation, Community Services Agency SHAKESPEARE BY THE SEA sa Coffi Producing Artistic Director APPROVED AS TO FORM: By: Br on Salvatierra Deputy City Attorney EXHIBIT A Shakespeare by the Sea / Llltle Fish Theatre 777 Centre St San Pedro, CA 90731 US +1 3103469716 lisa@shakespearebythesea.org www.shakespearebythesea.org INVOICE BILL TO City of Santa Ana -Birch Park/Santa Ana Senior Center 424 W. 3rd Street Santa Ana, Ca 92701 SHIP TO City of Santa Ana -Birch Park/Santa Ana Senior Center 424 W. 3rd Street Santa Ana, Ca 92701 ® SIMESPBARE BY THE SEA 1rmek'" Tales. Tkckelless Admnsion. Pn[ef2ss Ezper� DATE DESCRIPTION 07/28/2022 SBTS-Pert Free Shakespeare Performance of Romeo & Juliet on July 28, 2022 at 7p.m. BALANCE DUE INVOICE # 04.690SBTS DATE 03/06/2022 DUE DATE 07/28/2022 TERMS present check on day of perf. AMOUNT 5,000.00 $5,000.00 ACC yAj�6YT-01 Digitally CERTIFICATE OF LIABILITY I ((,���1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFEPrk NO CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND ORR E� BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONT T REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL. INSURED If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an on this certificate does not confer riohts to the certificate holder in lieu of such endorsementfsl- PRODUCER iwci Griswold & Griswold Insurance Agency, Inc. aiNr o, EXL, (310) 377-7172 2785 Pacific Coast Highway Ste 308 E-MAIL Torrance, CA 90505 ADDREss. fnfo@griswoldim INSURED Shakespeare By the Sea 777 Centre Street San Pedro, CA 90731 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER - THIS aMMS1 or be endorsed. A statement on THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTRA. TYPE OF INSURANCE ADDDL SUER POLICY NUMBER POLICY EFF 31212022 POLICY EXP 3{ifdi B23'. LIMITS X COMMERCUILGENERAL LIABILITY CLAIMS -MADE F�7 OCCUR �( 01�0030--'6�72 EACH OCCURRENCE 1,000,000 DAMAGE TO RENTED 1,000,000 MEO EXP (Any oneperson) 5,000 PERSONAL BADVINJURY 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER X POLICY jn LOC OTHER: GENERAL AGGREGATE 2,U0Bj000 PRODUCTS - COMP/OP AGO 2,000,000 SEXUAL MISCONDU $ 100,000 AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUUTTOED p AUTOS ONLY AUrOS ON Y COMBINED SINGLE LIMIT (Ea accidentl BODILY INJURY Per person) BODILY INJURY Per accident Pa0F`.E ltlent AMAGE UMBRELLA LMS EXCESS LIAR OCCUR CLAIMS -MADE EACH OCCURRENCE AGGREGATE OED RETENTION$ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE ppF�FICERIMEM99EERR EXCLUDED? (rnanda[ory In NH) Ryes, tlascribe under DESCRIPTION OF OPERATIONS below NIA I PER OTH- E.L. EACH ACCIDENT E.L. DISEASE- EA EMPLOYE li E.L. DISEASE- POLICY LIMIT DESCRIPTION OF OPERATIONS I LOCATIONS VEHICLES (ACORD Let, Additional Remarks Schedule, may be attached if more space is required) The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California, 92701; its officers, employees, agents and volunteers are named as additional insureds. The City of Santa Ana Risk Management 20 Civic Center Plaza Santa Ana, CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED �RE�EP REPRESENTATIVE 4IIZ ACORD 25 (2016103) ©1988-2015 ACORD The ACORD name and logo are registered marks of ACORD Ride fet W IYgQI101t D(\dd W l REVIEWED & APPRw®BY' I, IL A*� Auv44 ��' Risk Management Specialist "Employee" does not mean: (i) Any agent, broker, person leased to you by a labor leasing firm, factor, commission merchant, consignee, independent contractor or representative of the same general character; or (ii) Any "manager", director or trustee except while performing acts coming within the scope of the usual duties of an "employee". C. "Manager" means a person serving in a directorial capacity for a limited liability company. G. Additional Insureds Required By Written Contract 1. Section II - Who Is An Insured is amended to include as an additional insured the following person(s) or organization(s) when you have agreed, in a written contract, that such person or organization be added as an additional insured on your policy, provided the written contract is initiated prior to an "occurrence" resulting in damages, a. Engineers, Architects Or Surveyors Any architect, engineer or surveyor engaged by you but only with respect to liability for "bodily injury", 'property damage' or "personal and advertising injury' caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf in connection with your premises or in the performance of your ongoing operations. However, with respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to 'bodily injury', "property damage" or 'personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including: (1) The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities 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 the failure to render any professional services by or for you. b. Owners Of Leased Land Any person or organization from whom you lease land but only with respect to liability arising out of the ownership, maintenance or use of that part of the land leased to you. With respect to the insurance afforded to these additional insureds, this insurance does not apply to: (1) Any "occurrence" which takes place after you cease to lease that land; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of the additional insured. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright 2014 GuideOne Insurance REvieNn 6 PomRov®av: Risk Management Speaalist OF L&HININWal' c. State Or Governmental Agency Or Subdivision Or Political Subdivision - Permits Or Authorizations Any state or governmental agency or subdivision or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. With respect to the insurance afforded these additional insureds, this insurance does not apply to: (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or (2) "Bodily injury" or "property damage" included within the "products -completed operations hazard". d. Contractual Obligations Any person or organization where required by a written contract executed prior to the "occurrence". Such person or organization is an additional insured for "bodily injury", "property damage" or "personal and advertising injury" but only for liability arising out of the negligence of the Named Insured. e. Manager Or Lessor Of Premises Any person or organization with respect to their liability arising out of the ownership, maintenance or use of that part of the premises leased or rented to you subject to the following additional exclusions: This insurance does not apply to (1) Any "occurrence" which takes place after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of that person or organization. f. Lessor Of Leased Equipment - Automatic Status When Required In Lease Agreement With You Any person or organization from whom you lease equipment when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury' caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. With respect to the insurance afforded to these additional insureds: (1) A person's or organization's status as an additional insured ends when their contract or agreement with you for such leased equipment ends; and (2) This insurance does not apply to any "occurrence" which takes place after the equipment lease expires. g. Vendors Any person or organization but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright 2014 GuideOne Insurance A+jg AaN44. `��' Risk Management Spedalot (1) With respect to the insurance afforded these vendors, the following additional exclusions apply: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: i. The exceptions contained in Subparagraphs (d) or (f); or ii. Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. h. Funding Source Any person or organization with respect to their liability arising out of premises they own, maintain or control while you lease or occupy those premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. i. State Or Governmental Agency Or Subdivision Or Political Subdivision - Permits Or Authorizations Relating To Premises Any state or governmental agency or subdivision or political subdivision but only with respect to the following hazards for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization in connection with premises you own, rent or control and to which this insurance applies: Includes copyrighted material of Insurance services Office, Inc., with its permission. Copyright 2014 GuideOne Insurance � k �a '. M10.R }�MiligO1101tti,YWV„ REVIEWED 6 ARPRGV®9Y: !+, — Risk Management Spedalis[ (1) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar exposures; (2) The construction, erection, or removal of elevators; or (3) The ownership, maintenance, or use of any elevators covered by this insurance. However, (1) A person or organization is an additional insured under this provision only for that period of time required by the written contract; (ii) No such person or organization is an insured under this provision if such person or organization is included as an insured by an endorsement issued by us and attached to the Commercial General Liability Coverage Form; (iii) The insurance afforded to such additional insured only applies to the extent permitted by law; and (Iv) The insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. With respect to the insurance afforded to these additional insureds, identified in Paragraph G.I. of this endorsement, the following is added to Section III - Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This provision shall not increase the applicable Limits of Insurance shown in the Declarations. H. Newly Acquired Or Formed Organizations The following is added to Paragraph 3. of Section II - Who Is An Insured: Coverage provided to a newly acquired or formed organization under this provision is afforded only when the newly acquired or formed organization operates or conducts the same or similar business as you. I. Limits Of Insurance Paragraph 1. under Section III - Limits Of Insurance is replaced by the following: The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: 1. Insureds; 2. Claims made or "suits" brought; 3. Persons or organizations making claims or bringing "suits"; or 4. Policies involved. Includes copyrighted material of Insurance services Office, Inc., with its permission. Copyright 2014 GuideOne Insurance gt .y� Ri�eMangenmtDiNBlan ReAMM&A-PRav®9Y. " A, g:, Auvato Risk Management Specialist J. Non Stacking Of Limits The following is added to Section III - Limits Of Insurance: If two or more policies or Coverages issued by us apply to the same insured and these policies or Coverages also apply to the same claim or "suit", the maximum amount we will pay as damages under all of the policies or Coverages will not exceed the highest applicable Limit of Insurance that applies to any one of the policies or Coverages. This condition does not apply to any insurance that was purchased specifically to apply in excess of the applicable Limits of Insurance shown in the Declarations. K. Transfer Of Rights Of Recovery Against Others To Us The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us under Section IV - Commercial General Liability Conditions: The insured may waive the insurer's rights of recovery prior to the occurrence of a loss, provided the waiver is made in a written contract. L. Liberalization The following is added to Section IV - Commercial General Liability Conditions: If we revise this Coverage Form to provide more coverage without additional premium charge, we will automatically provide your policy the additional coverage as of the day the revision is effective in your state. M. Bodily Injury The definition of "bodily injury" in the Definitions section is replaced by the following: "Bodily injury" means physical injury, sickness, or disease sustained by a person, including death of a person resulting from any of these. "Bodily injury" also means mental injury, mental anguish, humiliation, or shock sustained by a person, if directly resulting from physical injury, sickness, or disease sustained by that person. N. Coverage Territory The definition of "coverage territory" in the Definitions section is replaced by the following: "Coverage territory" means anywhere in the world provided that the claim is made, and any "suit" that may arise therefrom is filed, within the United States of America (including its territories and possessions), Puerto Rico or Canada, unless further restricted by endorsement. O. Additional Definitions The following are added to Definitions section: "Abuse" means any actual, threatened, or alleged act, error, omission, conduct or misconduct that a claim or "suit" alleges: a. To be, or to constitute, any form of "abuse" (including but not limited to elder "abuse", child "abuse", patient "abuse" or "abuse" of a dependent person) under any applicable state or federal statute; and b. Any non -sexual assault, non -sexual battery, or non -sexual "abuse" directed at a person; and Conduct or misconduct described above constitutes "abuse" regardless of whether or not it is alleged to be negligent, reckless, knowing, intentional, fraudulent, oppressive, malicious, or otherwise. "t" �.„"e RhkALougemmtlxsWon Includes copyrighted material of Insurance Services Office, Inc., with its permission. d. I' A4 fe Arawce Copyright 2014 GuideOne Insurance Risk Management spectakst However, "abuse" does not include employment -related "sexual harassment". 2. "Foster care services" means the provisions of personal care or training to a "foster child" including but is not limited to activities of any insured or of any "temporary worker", licensee, subcontractor, independent contractor, vendor or others in investigation, evaluation, counseling, treatment, training, material aid, supervision or monitoring of individuals or families, with respect to placement of a "foster child" as required by any Federal, State, or local code, regulation or ordinance. 3. "Foster child" means a child whose care and upbringing are entrusted to an adult other than the child's natural or adoptive parents. 4. "Medical or healthcare services" means any type of treatment or services provided for physical, mental, veterinary or dental care, including but not limited to: a. Any type or form of psychiatric counseling; b. Any type or form of medical, dental, physiological, psychological, addiction, behavioral, chiropractic, holistic, hospice, veterinary or any other similar treatment; or C. The operation of a hospital, clinic open to the general public, or other medical facility or laboratory; or d. The providing, prescription, dispensing, or using of drugs or medical appliances or devices. S. "Medically derived injury" means a physical, pathologic or psychiatric trauma resulting from "medical or healthcare services" provided by a "medical professional", including death resulting therefrom, to your care recipient. "Medically derived injury" includes an aggravation of a preexisting disease or mental disorder. "Medically derived injury" does not include "property damage", "personal and advertising injury", or any injury arising from "abuse", "sexual misconduct or sexual molestation" or "sexual harassment". 6. "Medical professional" means an anesthesiologist, chiropodist, chiropractor, dentist, medical technician, midwife, nurse anesthetist, nurse, optometrist, pharmacist, physician, podiatrist, psychiatrist, psychologist, surgeon, veterinarian, x-ray therapist, or any other individual who provides preventative, curative, or rehabilitative health care services, and is licensed where required by law. 7. "Professional services" means any service that: a. Involves specialized education, knowledge, labor, judgment, and skill, and is predominantly mental or intellectual (as opposed to physical or manual) in nature; and b. Is provided as part of the Named Insured's operations as a nonprofit or human services organization; and C. Subject to Paragraphs a. and b, above, "professional services" includes but is not limited to the following: (1) Advice, guidance, or assistance; (2) Counseling; (3) "Social work"; (4) Therapy; (5) Daycare; (6) "Foster care services'; and (7) Job training, job placement, job referral, or vocational services. Includes copyrighted material of Insurance Services Office, Inc., with its permission. �' ;®,, REAMOV9a dDivisim REVIEWED& APPROVED BY. A Ruwdo '. Copyright 2014 GuideOne Insurance _� Risk Management Specialist However, "professional services" does not include any of the following: "medical or healthcare services" or any person or organization acting in the capacity of a "medical professional", accountant, attorney, architect, engineer, real estate manager, immigration counselor, or investment manager. 8. "Sexual harassment" means unwelcome sexual advances, requests for sexual favors, or other verbal, visual or physical conduct of a sexual nature when such conduct: a. Is linked implicitly or explicitly with a decision affecting a term or condition of any individual's employment; b. Interferes with any individual's job performance; c. Creates an intimidating, hostile or offensive working environment for any individual; or d. Arises out of or is related to an unlawful employment practice as codified at 42 U.S.C. 2000e, at seq., or any similar state, municipal or local code, regulation or ordinance. 9. "Sexual misconduct or sexual molestation" means any activity which is sexual in nature (whether permitted or not permitted); and includes, but is not limited to: sexual assault, sexual battery, sexual relations, sexual acts, sexual activity, sexual handling, sexual massage, sexual exploitation, sexual exhibition, sexual stimulation, fondling, intimacy, exposure of sexual organs, lewd or lascivious behavior or indecent exposure, fornication, unauthorized touching, or the photographic, video or other reproduction of sexual activity. However, "sexual misconduct or sexual molestation" does not include employment -related "sexual harassment". 10. "Social work" means any activities or methods of any insured or your "employees", agents, representatives, "volunteer workers", "temporary workers", licensees, subcontractors, independent contractors, vendors or others providing social services, including but not limited to: a. Investigation, treatment, or material aid for the economically, physically, mentally, or socially disadvantaged, or anyone else; and b. Activities such as child welfare, community physical or mental health, adoption services, personal counseling services, recreational activities, temporary housing or shelters or other similar activities. 11. "Special Event" means a sporting, cultural, business or other type of unique activity, in a certain place occurring during a limited or fixed interval of time (one-time, annual) and presented to a live audience brought together to watch or to participate. "Special events" include, but are not limited to, street fairs, music festivals, revenue generating or public relations activities, regardless of the location or relationship to the operations of any insured. A'M RiekManagemodDMelnn It RENEWM APPROVED a A Auvatc Includes copyrighted material of Insurance Services Office, Inc., with its permission. '�"� Copyright 2014 GuideOne Insurance ' Ruk Management speaalut ADDITIONAL INSURED ENDORSEMENT Insurance Company cuideone Specialty Mut Ins Co This endorsement modifies such insurance as is afforded by the provisions of Policy #01-0030-672 relating to the following: 1. The City of Santa Ana, its officers, employees, agents, and volunteers are additional insureds ("additional insureds") with regard to liability and defense of suits arising from the 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 contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, Public Works Agency, 20 Civic Center Plaza, Ross Annex, M-93, Santa Ana, CA 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective 03/02/2022 this endorsement form as a part of Policy# 01-0030-672 Issued to Shakespeare By tha Sea (Named Insured) Countersigned by 9� �f� (Authorized Represents e) _ ,�- Rhk MvwpnatDMs[ n REAEWED&APPROY®BY: XMIUM Risk Management SpectAist POLICY NUMBER: 01-0030-672 PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. ® Insurance services Office, Inc., 2012 Rlek MuugunadDluitlrn REVIEWED&APPROVED EM '. RBk Managernent Specialist SHAKw DAigitall sl CERTIFICATE OF LI NCE AATE(MMDDYYYY) 41712022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION O LY N IGHTS UP r N T CERTIFICATF HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND Off -ALTER THE COVF tAL HE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUT A CONTRACT BETWEEN I c ISS 1 FiEI'�AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. 0 All IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, th o 'e) u t IC 1 ro; _ 1022125111 If SUBROGATION IS WAIVED, subject to the terms and conditions o the poi cy, certain policies m ,y require an endorsement. sta eme)Lt o 1 this certificate does not confer rights to the certificate holder in lieu of such endorsements . _ _ PRODUCER CONTACT Griswold & Griswold Insurance Agency, Inc. PHONE FAx 2785 Pacific Coast Highway Ste 308 uc, Na, Eat : (310) 377-7172 uc, Na):(310) 377-3169 Torrance. CA 90505 :6M oI�«. infoCdoriswoldinsurance.com INSURED Shakespeare By the Sea 777 Centre Street San Pedro, CA 90731 COVERAGES CERTIFICATE NUMBER- RFVIBInM kl"mRFR• 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 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. INTO TYPE OF INSURANCE ADOLSUBR POLICY NUMBER POLICY EPP POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FA] OCCUR X 01-0030-672 31212022 302023 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTEDPREMISES (Ea occurrence) 1,000,000 MED EXP (My one arson 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY El PEaT F-1 LOC OTHER: GENERAL AGGREGATE 2,000,000 PRODUCTS-COMP/OPAGG 2,000.000 SEXUAL MISCONDU 100,000 AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS AUTOS ONLY NON-OWNED OONLY COMBINED SINGLE LIMIT BODILY INJURY Per arson BODILY INJURY Peraccidenl Pa�aiGtlenl AMAGE UMBRELLA LIAR EXCESS LIAR OCCUR CLAIMS -MADE EACH OCCURRENCE AGGREGATE LED RETENTION$ WORKERS COMPENSATION ANDEMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNEWEXECUTIVE ❑ MNHR EXCLUDED? PFaFnICEMEMBE a If yes, describe under DESCRIPTION OF OPERATIONS below NIA PER OTH- E.L. EACH ACCIDENT E.L. DISEASE- EA EMPLOYE E.L. DISEASE -POLICY LIMIT DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California, 92701; Its officers, employees, agents and volunteers are named as additional insureds. The City of Santa Ana Risk Management 20 Civic Center Plaza Santa Ana, CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 4 ACORD 25 (2016/03) ©1988-2015 ACORD The ACORD name and logo are registered marks of ACORD WekMamagementDlvislon t ReVIEYVED6APPROVEDSr . t,111111r, );' AH.�j:r AdwYAA �: Risk Management Specialist of SHAKBYT-01 KLE DATIN D/YYYY) a12n212z/zoz2 ,acoRO` CERTIFICATE OF LIABILITY INSURANCE 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 endorsements . PRODUCER CQMJACT Griswold & Griswold Insurance Agency, Inc. 2785 Pacific Coast Highway Ste 308 jnlc°,No, Eat: (310) 377-7172 FAIR No :(310) 377-3169 kb%l , info@griswoldinsurance.com Torrance, CA 90505 INSURERS AFFORDING COVERAGE NAIC A INSURER A:Guideone Specialty Mut Ins Co 14559 INSURED INSURER B:GUldeone Mut Ins Co 15032 INSURER C : Shakespeare By the Sea INSURER D : 777 Centre Street San Pedro, CA 90731 INSURER E INSURER F : COVERAGES CERTIFICATE NIIMRFR- RFVI--CInN NIIMRPR- 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 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. INSRNMD R TYPE OF INSURANCE IID I POLICYNUMBER MDYEFF MD POLICY P 1DDiYy LIMITS A X COMMERCIAL GENERAL LIABILITY CI -AIMS -MADE X OCCUR X 01-0030.672 3/212022 3/212023 EACH OCCURRENCE 1,000,000 DAMAGE TO RENTED PREMISES Ea o c n n 1,000,00 GEML X MED EXP (Any one arson 5,000 PERSONAL &ADV INJURY S 1,000,000 AGGREGATE LIMIT APPLIES PER: POLICY ❑Yn LOC OTHER: GENERAL AGGREGATE 2,000,000 PRODUCTS - COMP/OP AGO 2100000 SEXUAL MISCONDU 100,o0o B AUTOMOBILE LIABILITY ANY AUTO AAUUTOS ONLY SCHEDULED AUTOS AUTOS ONLY X AUTOS ON V 01-0031-769 511/2022 51112023 COMBINED SINGLE LIMIT $ 1,000,000. BODILY INJURY Par arson $ BpODILV INJURY Par accident $ X Parr aLclde�iit AMAGE $ UMBRELLA LIAR EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE OED RETENTION$ ANDEPLYRPENSATION MOES' LIABILITY YIN ANY PROPMETOR/PARTNEWEXECUTIVE ❑ Q�FICERIMEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA PERT E I 1 ERH E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE I E.L. DISEASE - POLICY LIMB DESCRIPTION OF OPERATIONS I LOCATIONS VEHICLES ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) The City of Santa Ana, 20Civic Center Plaza, Santa Ana, California, 92701; its officers, employees, agents and volunteers are named as additional insureds. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE The Cityof Santa Ana Risk Management THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 9 ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza Santa Ana, CA 92701 AUTHORIZED REPRESENTATIVE R4kMRnrgmtmtED i Ew ly�.,Y REVIED6 APPROV®BYBY: ACORD 25 (2016/03) ©1988-2015 ACORD 1 ' 16 fe ACIV44 The ACORD name and logo are registered marks of ACORD Risk Management Specialist �1 A`CO'RO CERTIFICATE OF LIABILITY INSURANCE v DATE(MMIDDI(YYY) 03/1612022 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(les) 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 endorsements . PRODUCER Bettis Insurance Services, Inc PO Box 2816 San Pedro CA 90731-0197 CONTACT Kathleen McDermott E FAX PNONE . (310)521- 480 ,c .(310)521-0111 E-MAIL kalhleen@bettisins.com INSURE COVERAGE NAICd INSURER A:State Compensation Insurance Fund 35076 INSURED INSURERS, INSURER C : Shakespeare By The Sea INSURERD: 777 South Centre Streeet San Pedro CA 90731- INSURERS: INSURER F: COVERAGES CERTIFICATE NUMBER: 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 TYPE OF INSURANCE ADDLSUBR POLICY NUMBER POLICCY EFF POLICY MMIOD EXP YYYI LIMITS COMMERCIALGENERAL LIABILITY CLAIMS -MADE OCCUR Not Applicable EACH OCCURRENCE $ DAMAGE TO RENTED MEDEXP An one arson S $ PERSONAL &ADV INJURY It GEN'L AGGR EGATE LIMIT APPLIES PER: POLICY M JECCT LOC GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGO $ AUTOMOBILE LIABILITY ANYAUTO OVrNEO SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY ALTOS ONLY Not Applicable COMBINEDSINGLE LIMIT BODILY INJURY(Perperson) $ $ BODILY INJURY(P. accident) $ PROPERTY DAMAGE (Per eneldn,J) $ E UMBRELLA LIAR I EXCESS LIAB H OCCUR CLAIMS-WDE Not Applicable EACH OCCURRENCE $ AGGREGATE $ RETENTION $ A WORKERS COMPENSATION AND'EMPLOYERS' LIAMUTY YIN ANY PROPRIETORIPARTNERIEXECUTIVE ❑ OFFICERIMEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTIONF OPERATIONS below NIA 909171E-2022 3/07/2022 3/07/2023 X I PER I I OTH- E.L EACH ACCIDENT $ 1.x'Iti ';UUIY E.L. DISEASE-EAEMPLOYEE $ 1,000,000 E.L. DISEASE-POUCY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD ID1, Additlonal Remarhe Sohadule, may be attaehed if more epaoe Is req.lred) This certificate is issued as proof of workers compensation coverage only. CERTIFICATE HOLDER CANCELLATION AI 000822 City of Santa Ana Attn: Risk Management 20 Civic Center Plaza Santa Ana ACORD 25 (2016103) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. CA 92701- I AUTHORIZED REPRESENTATIVE @ 11188-2015 ACORD The ACORD name and logo are registered marks of ACORD RIM M»lAgOnn¢TLUMBIDrt -g REVIEWED&APPROVEDBY: A4V Aewufo ®' Risk Management Specialist "Employee" does not mean: (1) Any agent, broker, person leased to you by a labor leasing firm, factor, commission merchant, consignee, independent contractor or representative of the same general character; or (ii) Any "manager", director or trustee except while performing acts coming within the scope of the usual duties of an "employee". C. "Manager" means a person serving in a directorial capacity for a limited liability company. G. Additional Insureds Required By Written Contract 1. Section II - Who Is An Insured is amended to include as an additional insured the following person(s) or organization(s) when you have agreed, in a written contract, that such person or organization be added as an additional insured on your policy, provided the written contract is Initiated prior to an 'occurrence" resulting In damages, a. Engineers, Architects Or Surveyors Any architect, engineer or surveyor engaged by you but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf in connection with your premises or in the performance of your ongoing operations. However, with respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including: (1) The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, Feld orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities 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 the failure to render any professional services by or for you. b. Owners Of Leased Land Any person or organization from whom you lease land but only with respect to liability arising out of the ownership, maintenance or use of that part of the land leased to you. With respect to the insurance afforded to these additional insureds, this insurance does not apply to: (1) Any occurrence" which takes place after you cease to lease that land; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of the additional insured. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright 2014 GuldeOne Insurance RA Mmgement D[Wdan fl: BEVIEWEO&APPROVm BY: 4 /, q 14 Risk Management Specialist c. State Or Governmental Agency Or Subdivision Or Political Subdivision - Permits Or Authorizations Any state or governmental agency or subdivision or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. With respect to the insurance afforded these additional insureds, this insurance does not apply to: (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or (2) "Bodily injury" or "property damage" included within the "products -completed operations hazard". d. Contractual Obligations Any person or organization where required by a written contract executed prior to the "occurrence". Such person or organization is an additional insured for "bodily injury", "property damage" or "personal and advertising injury" but only for liability arising out of the negligence of the Named Insured. e. Manager Or Lessor Of Premises Any person or organization with respect to their liability arising out of the ownership, maintenance or use of that part of the premises leased or rented to you subject to the following additional exclusions: This insurance does not apply to (1) Any "occurrence" which takes place after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of that person or organization. f. Lessor Of Leased Equipment - Automatic Status When Required In Lease Agreement With You Any person or organization from whom you lease equipment when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an Insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. With respect to the insurance afforded to these additional insureds: (1) A person's or organization's status as an additional insured ends when their contract or agreement with you for such leased equipment ends; and (2) This insurance does not apply to any "occurrence" which takes place after the equipment lease expires. g. Vendors Any person or organization but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright 2014GuideOne Insurance RiekMmugnngdDhielon REAEWEorx APPRovm8y: Q ii Rhk Management Specialist (1) With respect to the insurance afforded these vendors, the following additional exclusions apply: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (t) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: I. The exceptions contained in Subparagraphs (d) or (f); or ii. Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. h. Funding Source Any person or organization with respect to their liability arising out of premises they own, maintain or control while you lease or occupy those premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. i. State Or Governmental Agency Or Subdivision Or Political Subdivision - Permits Or Authorizations Relating To Premises Any state or governmental agency or subdivision or political subdivision but only with respect to the following hazards for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization in connection with premises you own, rent or control and to which this insurance applies: Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright 2014 GuideOne Insurance ,r W"q PJAMwapnentDiAsion f% REVIEWED&,APPROVED �BY, & �r. ii 7'Ik�47nLdV�a . '' Risk Management Specialist (1) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar exposures; (2) The construction, erection, or removal of elevators; or (3) The ownership, maintenance, or use of any elevators covered by this insurance. However, (i) A person or organization is an additional insured under this provision only for that period of time required by the written contract; (II) No such person or organization is an insured under this provision if such person or organization is included as an insured by an endorsement issued by us and attached to the Commercial General Liability Coverage Form; (iii) The insurance afforded to such additional insured only applies to the extent permitted by law; and (iv) The insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. With respect to the insurance afforded to these additional insureds, identified in Paragraph G.I. of this endorsement, the following is added to Section III - Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This provision shall not increase the applicable Limits of Insurance shown in the Declarations. H. Newly Acquired Or Formed Organizations The following is added to Paragraph 3. of Section II - Who Is An Insured: Coverage provided to a newly acquired or formed organization under this provision is afforded only when the newly acquired or formed organization operates or conducts the same or similar business as you. I. Limits Of Insurance Paragraph 1. under Section III - Limits Of Insurance is replaced by the following: The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: 1. Insureds; 2. Claims made or "suits" brought; 3. Persons or organizations making claims or bringing "suits"; or 4. Policies involved. Includes copyrighted material of Insurance Services Office, Inc., with Its permission. Copyright 2014 GuldeOne Insurance s� RiekManagtmentDlvtelon sf REVIEWED&APPROVED BY. i ' 0- A Aco44 Risk Management Specialist J. Non Stacking Of Limits The following is added to Section III - Limits Of Insurance: If two or more policies or Coverages issued by us apply to the same insured and these policies or Coverages also apply to the same claim or "suit", the maximum amount we will pay as damages under all of the policies or Coverages will not exceed the highest applicable Limit of Insurance that applies to any one of the policies or Coverages. This condition does not apply to any insurance that was purchased specifically to apply in excess of the applicable Limits of Insurance shown in the Declarations. K. Transfer Of Rights Of Recovery Against Others To Us The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us under Section IV - Commercial General Liability Conditions: The insured may waive the insurer's rights of recovery prior to the occurrence of a loss, provided the waiver is made in a written contract. L. Liberalization The following is added to Section IV - Commercial General Liability Conditions: If we revise this Coverage Form to provide more coverage without additional premium charge, we will automatically provide your policy the additional coverage as of the day the revision is effective in your state. M. Bodily Injury The definition of "bodily injury" in the Definitions section is replaced by the following: "Bodily injury" means physical injury, sickness, or disease sustained by a person, including death of a person resulting from any of these. "Bodily injury" also means mental injury, mental anguish, humiliation, or shock sustained by a person, if directly resulting from physical injury, sickness, or disease sustained by that person. N. Coverage Territory The definition of "coverage territory" in the Definitions section is replaced by the following: "Coverage territory" means anywhere in the world provided that the claim is made, and any "suit" that may arise therefrom is filed, within the United States of America (including its territories and possessions), Puerto Rico or Canada, unless further restricted by endorsement. O. Additional Definitions The following are added to Definitions section: 1. "Abuse" means any actual, threatened, or alleged act, error, omission, conduct or misconduct that a claim or "suit" alleges: a. To be, or to constitute, any form of "abuse" (including but not limited to elder "abuse", child "abuse", patient "abuse" or "abuse" of a dependent person) under any applicable state or federal statute; and b. Any non -sexual assault, non -sexual battery, or non -sexual "abuse" directed at a person; and Conduct or misconduct described above constitutes "abuse" regardless of whether or not it is alleged to be negligent, reckless, knowing, intentional, fraudulent, oppressive, malicious, or otherwise. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright 2014 GuldeOne Insurance fi���� ii Rlele A4anagemmt Divlslwl REVIEWED,n{& APPROVED BY. A P1vdo Risk Management Specialist However, "abuse" does not include employment -related "sexual harassment". 2. "Foster care services" means the provisions of personal care or training to a "foster child" including but is not limited to activities of any Insured or of any "temporary worker", licensee, subcontractor, independent contractor, vendor or others in investigation, evaluation, counseling, treatment, training, material aid, supervision or monitoring of individuals or families, with respect to placement of a "foster child" as required by any Federal, State, or local code, regulation or ordinance. 3. "Foster child" means a child whose care and upbringing are entrusted to an adult other than the child's natural or adoptive parents. 4. "Medical or healthcare services" means any type of treatment or services provided for physical, mental, veterinary or dental care, including but not limited to: a. Any type or form of psychiatric counseling; b. Any type or form of medical, dental, physiological, psychological, addiction, behavioral, chiropractic, holistic, hospice, veterinary or any other similar treatment; or c. The operation of a hospital, clinic open to the general public, or other medical facility or laboratory; or d. The providing, prescription, dispensing, or using of drugs or medical appliances or devices. 5. "Medically derived injury" means a physical, pathologic or psychiatric trauma resulting from "medical or healthcare services" provided by a "medical professional", including death resulting therefrom, to your care recipient. "Medically derived injury" includes an aggravation of a preexisting disease or mental disorder. "Medically derived injury" does not include "property damage", "personal and advertising injury", or any injury arising from "abuse", "sexual misconduct or sexual molestation" or "sexual harassment". 6. "Medical professional" means an anesthesiologist, chiropodist, chiropractor, dentist, medical technician, midwife, nurse anesthetist, nurse, optometrist, pharmacist, physician, podiatrist, psychiatrist, psychologist, surgeon, veterinarian, x-ray therapist, or any other individual who provides preventative, curative, or rehabilitative health care services, and is licensed where required by law. 7. "Professional services" means any service that: a. Involves specialized education, knowledge, labor, judgment, and skill, and is predominantly mental or intellectual (as opposed to physical or manual) in nature; and b. Is provided as part of the Named Insured's operations as a nonprofit or human services organization; and c. Subject to Paragraphs a. and b. above, "professional services" includes but is not limited to the following: (1) Advice, guidance, or assistance; (2) Counseling; (3) "Social work"; (4) Therapy; (5) Daycare; (6) "Foster care services"; and (7) Job training, job placement, job referral, or vocational services. �„eEL�� w�lr>�tnlw�w„ REVIEWED&APPROVED BY: Includes copyrighted material of Insurance Services Office, Inc., with Its permission. �� � r: t A AC4,44 Copyright 2014 GuideOne Insurance ` Risk ManagementSpedaiist However, "professional services" does not include any of the following: "medical or healthcare services" or any person or organization acting in the capacity of a "medical professional", accountant, attorney, architect, engineer, real estate manager, immigration counselor, or investment manager. 8. "Sexual harassment" means unwelcome sexual advances, requests for sexual favors, or other verbal, visual or physical conduct of a sexual nature when such conduct: a. Is linked implicitly or explicitly with a decision affecting a term or condition of any individual's employment; b. Interferes with any individual's Job performance; c. Creates an intimidating, hostile or offensive working environment for any individual; or d. Arises out of or is related to an unlawful employment practice as codified at 42 U.S.C. 2000e, et seq., or any similar state, municipal or local code, regulation or ordinance. 9. "Sexual misconduct or sexual molestation" means any activity which is sexual in nature (whether permitted or not permitted); and includes, but is not limited to: sexual assault, sexual battery, sexual relations, sexual acts, sexual activity, sexual handling, sexual massage, sexual exploitation, sexual exhibition, sexual stimulation, fondling, intimacy, exposure of sexual organs, lewd or lascivious behavior or indecent exposure, fornication, unauthorized touching, or the photographic, video or other reproduction of sexual activity. However, "sexual misconduct or sexual molestation" does not include employment -related "sexual harassment". 10. "Social work" means any activities or methods of any insured or your "employees", agents, representatives, "volunteer workers", "temporary workers", licensees, subcontractors, independent contractors, vendors or others providing social services, including but not limited to: a. Investigation, treatment, or material aid for the economically, physically, mentally, or socially disadvantaged, or anyone else; and b. Activities such as child welfare, community physical or mental health, adoption services, personal counseling services, recreational activities, temporary housing or shelters or other similar activities. 11. "Special Event" means a sporting, cultural, business or other type of unique activity, in a certain place occurring during a limited or fixed interval of time (one-time, annual) and presented to a live audience brought together to watch or to participate. "Special events" include, but are not limited to, street fairs, music festivals, revenue generating or public relations activities, regardless of the location or relationship to the operations of any insured. „ RkkMAnPgemcrADlMslon REVIEWED&APPROVED�Br�:� Includes copyrighted material of Insurance Services Office, Inc., with its permission j Acov/u Copyright 2014 GuideOne Insurance Risk Management spedalis[ ADDITIONAL INSURED ENDORSEMENT Insurance Company Guideone Specialty Mut Ins Co This endorsement modifies such insurance as is afforded by the provisions of Policy #01-0030-672 relating to the following: 1. The City of Santa Ana, its officers, employees, agents, and volunteers are additional insureds ("additional insureds") with regard to liability and defense of suits arising from the 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 contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, Public Works Agency, 20 Civic Center Plaza, Ross Annex, M-93, Santa Ana, CA 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy# 0 Issued to 03/02/2022 ehakespear"Y the Sea (Named Insured) this endorsement form as a part of Countersigned uthorized Repre�-- y,'�.�, '"�4g Rlel[Mnnig➢ItteniDlvlefbtt REmEWED&APPRovEo SY: q� Jfl -� % A4feAav44 �'--'�MM Risk Management Specialist PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. 1 RI&kMmggm.&DNialon s'+%. REVIEWED&APPROVED BY.' © Insurance Services Office, Inc., 2012 I t'°`S^4 IR4WaP Risk ManagementSpedalist "Employee" does not mean: (1) Any agent, broker, person leased to you by a labor leasing firm, factor, commission merchant, consignee, independent contractor or representative of the same general character; or (ii) Any "manager", director or trustee except while performing acts coming within the scope of the usual duties of an "employee". c. "Manager" means a person serving in a directorial capacity for a limited liability company. G. Additional Insureds Required By Written Contract 1. Section II - Who Is An Insured is amended to include as an additional insured the following person(s) or organization(s) when you have agreed, in a written contract, that such person or organization be added as an additional insured on your policy, provided the written contract is initiated prior to an "occurrence" resulting in damages, a. Engineers, Architects Or Surveyors Any architect, engineer or surveyor engaged by you but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf in connection with your premises or in the performance of your ongoing operations. However, with respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", 'property damage" or 'personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including: (1) The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities 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 the failure to render any professional services by or for you. b. Owners Of Leased Land Any person or organization from whom you lease land but only with respect to liability arising out of the ownership, maintenance or use of that part of the land leased to you. With respect to the insurance afforded to these additional insureds, this insurance does not apply to: (1) Any "occurrence" which takes place after you cease to lease that land; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of the additional insured. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright 2014 GuldeOne Insurance e RAManeganadDlyislon `�� REVIEWED&APpROvm BY. ` Risk Management Spedalkt c. State Or Governmental Agency Or Subdivision Or Political Subdivision - Permits Or Authorizations Any state or governmental agency or subdivision or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. With respect to the insurance afforded these additional insureds, this insurance does not apply to: (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or (2) "Bodily injury" or "property damage" included within the "products -completed operations hazard". d. Contractual Obligations Any person or organization where required by a written contract executed prior to the "occurrence". Such person or organization is an additional Insured for "bodily injury", "property damage" or "personal and advertising injury" but only for liability arising out of the negligence of the Named Insured. e. Manager Or Lessor Of Premises Any person or organization with respect to their liability arising out of the ownership, maintenance or use of that part of the premises leased or rented to you subject to the following additional exclusions: This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of that person or organization. f. Lessor Of Leased Equipment - Automatic Status When Required In Lease Agreement With You Any person or organization from whom you lease equipment when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. With respect to the insurance afforded to these additional insureds: (1) A person's or organization's status as an additional insured ends when their contract or agreement with you for such leased equipment ends; and (2) This insurance does not apply to any "occurrence" which takes place after the equipment lease expires. g. Vendors Any person or organization but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright 2014 GuideOne Insurance „� RiskManugmaADhiswn RmEWEo&Apppovm By., 8 i, Risk Management Specialist (1) With respect to the insurance afforded these vendors, the following additional exclusions apply: (a) 'Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; ( Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) 'Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: i. The exceptions contained in Subparagraphs (d) or (f); or ii. Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. h. Funding Source Any person or organization with respect to their liability arising out of premises they own, maintain or control while you lease or occupy those premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. i. State Or Governmental Agency Or Subdivision Or Political Subdivision - Permits Or Authorizations Relating To Premises Any state or governmental agency or subdivision or political subdivision but only with respect to the following hazards for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization in connection with premises you own, rent or control and to which this insurance applies: Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright 2014 GuideOne Insurance Risk Mumit madDivleinn. REMENEO&APPROVED BY; `� M Management Specialist (1) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar exposures; (2) The construction, erection, or removal of elevators; or (3) The ownership, maintenance, or use of any elevators covered by this insurance. However, (1) A person or organization is an additional insured under this provision only for that period of time required by the written contract; (ii) No such person or organization is an insured under this provision if such person or organization is included as an insured by an endorsement issued by us and attached to the Commercial General Liability Coverage Form; (iii) The insurance afforded to such additional insured only applies to the extent permitted by law; and (iv) The insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. With respect to the insurance afforded to these additional insureds, Identified in Paragraph G.1. of this endorsement, the following is added to Section III - Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This provision shall not increase the applicable Limits of Insurance shown in the Declarations. H. Newly Acquired Or Formed Organizations The following is added to Paragraph 3. of Section II - Who Is An Insured: Coverage provided to a newly acquired or formed organization under this provision is afforded only when the newly acquired or formed organization operates or conducts the same or similar business as you. I. Limits Of Insurance Paragraph 1. under Section III - Limits Of Insurance is replaced by the following: The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: 1. Insureds; 2. Claims made or "suits" brought; 3. Persons or organizations making claims or bringing "suits"; or 4. Policies involved. RiskkMo agementDlWeian REMITNED&APPROVmar 01 Includes copyrighted material of Insurance Services Office, Inc., with its permission ��At`p A%cv44 , Copyright 2014 GuideOne Insurance Risk Management spedaiiet J. Non Stacking Of Limits The following is added to Section III - Limits Of Insurance: If two or more policies or Coverages issued by us apply to the same insured and these policies or Coverages also apply to the same claim or "suit", the maximum amount we will pay as damages under all of the policies or Coverages will not exceed the highest applicable Limit of Insurance that applies to any one of the policies or Coverages. This condition does not apply to any insurance that was purchased specifically to apply in excess of the applicable Limits of Insurance shown in the Declarations. K. Transfer Of Rights Of Recovery Against Others To Us The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us under Section IV - Commercial General Liability Conditions: The insured may waive the insurer's rights of recovery prior to the occurrence of a loss, provided the waiver is made in a written contract. L. Liberalization The following is added to Section IV - Commercial General Liability Conditions: If we revise this Coverage Form to provide more coverage without additional premium charge, we will automatically provide your policy the additional coverage as of the day the revision is effective in your state. M. Bodily Injury The definition of "bodily injury" in the Definitions section is replaced by the following: "Bodily injury" means physical injury, sickness, or disease sustained by a person, including death of a person resulting from any of these. "Bodily injury" also means mental injury, mental anguish, humiliation, or shock sustained by a person, if directly resulting from physical injury, sickness, or disease sustained by that person. N. Coverage Territory The definition of "coverage territory" in the Definitions section is replaced by the following: "Coverage territory" means anywhere in the world provided that the claim is made, and any "suit" that may arise therefrom is filed, within the United States of America (including its territories and possessions), Puerto Rico or Canada, unless further restricted by endorsement. O. Additional Definitions The following are added to Definitions section: 1. "Abuse' means any actual, threatened, or alleged act, error, omission, conduct or misconduct that a claim or "suit" alleges: a. To be, or to constitute, any form of "abuse" (including but not limited to elder "abuse", child "abuse", patient "abuse" or "abuse" of a dependent person) under any applicable state or federal statute; and I b. Any non -sexual assault, non -sexual battery, or non -sexual "abuse" directed at a person; and Conduct or misconduct described above constitutes "abuse" regardless of whether or not it is alleged to be negligent, reckless, knowing, intentional, fraudulent, oppressive, malicious, or otherwise. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright 2014 GuideOne Insurance REVIEWED&MPRDVED BV: ' �% p Acevadu ®1 Risk Management Specialist However, "abuse" does not include employment -related "sexual harassment". 2. "Foster care services" means the provisions of personal care or training to a "foster child" including but is not limited to activities of any insured or of any "temporary worker", licensee, subcontractor, independent contractor, vendor or others in investigation, evaluation, counseling, treatment, training, material aid, supervision or monitoring of individuals or families, with respect to placement of a "foster child" as required by any Federal, State, or local code, regulation or ordinance. 3. "Foster child" means a child whose care and upbringing are entrusted to an adult other than the child's natural or adoptive parents. 4. "Medical or healthcare services" means any type of treatment or services provided for physical, mental, veterinary or dental care, including but not limited to: a. Any type or form of psychiatric counseling; b. Any type or form of medical, dental, physiological, psychological, addiction, behavioral, chiropractic, holistic, hospice, veterinary or any other similar treatment; or c. The operation of a hospital, clinic open to the general public, or other medical facility or . laboratory; or cl. The providing, prescription, dispensing, or using of drugs or medical appliances or devices. 5. "Medically derived injury" means a physical, pathologic or psychiatric trauma resulting from "medical or healthcare services" provided by a "medical professional", including death resulting therefrom, to your care recipient. "Medically derived injury" includes an aggravation of a preexisting disease or mental disorder. "Medically derived injury" does not include "property damage", "personal and advertising injury", or any injury arising from "abuse", "sexual misconduct or sexual molestation" or "sexual harassment". 6. "Medical professional" means an anesthesiologist, chiropodist, chiropractor, dentist, medical technician, midwife, nurse anesthetist, nurse, optometrist, pharmacist, physician, podiatrist, psychiatrist, psychologist, surgeon, veterinarian, x-ray therapist, or any other individual who provides preventative, curative, or rehabilitative health care services, and is licensed where required by law. 7. "Professional services" means any service that: a. Involves specialized education, knowledge, labor, judgment, and skill, and is predominantly mental or intellectual (as opposed to physical or manual) in nature; and b. Is provided as part of the Named Insured's operations as a nonprofit or human services organization; and c. Subject to Paragraphs a. and b. above, "professional services" includes but is not limited to the following: (1) Advice, guidance, or assistance; (2) Counseling; (3) "Social work"; (4) Therapy; (5) Daycare; (6) "Foster care services"; and (7) Job training, job placement, job referral, or vocational services. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright 2014 GuideOne Insurance n s Risk MnvgernadD[vHlun r>0 REMEWEDpp&APPR/Ovm��RIIY: Risk Management Specialist However, "professional services" does not include any of the following: "medical or healthcare services" or any person or organization acting in the capacity of a "medical professional", accountant, attorney, architect, engineer, real estate manager, Immigration counselor, or investment manager. 8. "Sexual harassment" means unwelcome sexual advances, requests for sexual favors, or other verbal, visual or physical conduct of a sexual nature when such conduct: a. Is linked implicitly or explicitly with a decision affecting a term or condition of any individual's employment; b. Interferes with any individual's job performance; c. Creates an intimidating, hostile or offensive working environment for any individual; or d. Arises out of or is related to an unlawful employment practice as codified at 42 U.S.C. § 2000e, at seq., or any similar state, municipal or local code, regulation or ordinance. 9. "Sexual misconduct or sexual molestation" means any activity which is sexual in nature (whether permitted or not permitted); and includes, but is not limited to: sexual assault, sexual battery, sexual relations, sexual acts, sexual activity, sexual handling, sexual massage, sexual exploitation, sexual exhibition, sexual stimulation, fondling, intimacy, exposure of sexual organs, lewd or lascivious behavior or indecent exposure, fornication, unauthorized touching, or the photographic, video or other reproduction of sexual activity. However, "sexual misconduct or sexual molestation" does not include employment -related "sexual harassment". 10. "Social work" means any activities or methods of any insured or your "employees", agents, representatives, "volunteer workers", "temporary workers", licensees, subcontractors, independent contractors, vendors or others providing social services, including but not limited to: a. Investigation, treatment, or material aid for the economically, physically, mentally, or socially disadvantaged, or anyone else; and b. Activities such as child welfare, community physical or mental health, adoption services, personal counseling services, recreational activities, temporary housing or shelters or other similar activities. 11. "Special Event" means a sporting, cultural, business or other type of unique activity, in a certain place occurring during a limited or fixed interval of time (one-time, annual) and presented to a live audience brought together to watch or to participate. "Special events" include, but are not limited to, street fairs, music festivals, revenue generating or public relations activities, regardless of the location or relationship to the operations of any insured. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright 2014 GuideOne Insurance Ri®kMarugemmtDlW Ion RenEWED/^&APPRwa78r�� 81 A4j+ t Ae N4.p Risk Management Specialist ADDITIONAL INSURED ENDORSEMENT Insurance Company Guldeone speoiaity Mut ins co This endorsement modifies such insurance as is afforded by the provisions of Policy #01-003o-672 relating to the following: 1. The City of Santa Ana, its officers, employees, agents, and volunteers are additional insureds ("additional insureds") with regard to liability and defense of suits arising from the 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 contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, Public Works Agency, 20 Civic Center Plaza, Ross Annex, M-93, Santa Ana, CA 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective 03/02/2022 this endorsement form as a part of Policy# 01-0030-672 Issued to �pak®spea eey tazsea (Named Insured) Countersigned by C�Q% l ¢ uthorized Represents e�----- y g RbkMmmgtmentnMston REAMED &APPRovED BY:. ��-----"� Risk Management specmlist POLICY NUMBER: 01-0030-672 PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. © Insurance Services Office, Inc., 2012 +p°a'='�. liieleManag'anmtD[Welon REviEWEo&APPROVmaY, � . r 14ju A%ev44 i Risk Management Specilist