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HomeMy WebLinkAboutORANGE COUNTY CHILDREN THERAPEUTIC ARTS CENTER (2)INSURANCE ON FILE JJORK MAY PROCEED UNTIL INSURANCE EXPIRES l2 •'Li''!-ti CLERK OF COUNCIL DATE: A-2022-069-13 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND ORANGE COUNTY CHILDREN'S THERAPEUTIC ARTS CENTER FOR USE OF o:PR' Oc� pr U AMERICAN RESCUE PLAN ACT (ARPA) FUNDS ( nci5co prtYUvJe� This Agreement is hereby made and entered into this 3rd day of May, 2022, by and between the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("CITY"), and Orange Countv N Children's Therapeutic Arts Center, a California domestic nonprofit corporation N ("SUBRECIPIENT' or "CONTRACTOR"). ea RECITALS: z " A. The American Rescue Plan Act ("ARPA") was signed into law in March 2021. ARPA provides funding for a number of different programs, including the Coronavirus State and Local Fiscal Recovery Fund ('SLFRF), to provide monetary support to local governments to respond to, mitigate, and recover from the COVID-19 public health emergency. B. On July 20, 2021, the Santa Ana City Council authorized the City Manager to utilize ARPA SLFRF funding from the United States Department of Treasury for the Revive Santa Ana Spending Plan, which includes five spending categories: recovery from the pandemic, direct assistance programs, public health and safety, critical infrastructure, and city fiscal health, C. SUBRECIPIENT has been selected by the CITY to receive ARPA SLFRF Funds in order to provide youth programs, including: early childhood support; head start; day care; after school tutoring; athletic; and, youth violence prevention, in accordance with the Scope of Work attached hereto as Exhibit A and incorporated herein by reference ("said program"). SUBRECIPIENT represents that it is qualified and willing to operate said program and certifies that the administration of said program carried out with funds provided under this Agreement will meet ARPA's objectives to respond to, mitigate, and recover from this historic COVID-19 public health crisis. D. SUBRECIPIENT agrees that it will adhere to the tasks and services as indicated in Exhibit A for said program. Failure to follow the requirements and meet the stated expectations may constitute breach of contract that could result in termination of this Agreement or serve as reason for the CITY to recapture the grant funds awarded to SUBRECIPIENT pursuant to this Agreement. WHEREFORE, it is agreed by and between the parties that the foregoing Recitals are a substantive part of this Agreement and the following terms and conditions are approved and together with all exhibits and attachments hereto, shall constitute the entire Agreement between the CITY and SUBRECIPIENT: I. AREA PROGRAM PROVISIONS A. Scope of Work SUBRECIPIENT shall be responsible for the specific tasks and services of said program, and agrees to administer said program in compliance with the tasks and services as described in the Scope of Work attached hereto as Exhibit A. SUBRECIPIENT's failure to perform as required may, in addition to other remedies set forth in this Agreement, result in readjustment of the amount of funds for said program or termination of this Agreement. B. Term of Agreement. The terns of said Agreement shall commence on July I st, 2022, and continue through June 30, 2023 ("Term"), unless terminated earlier pursuant to the terms of this Agreement. This Agreement shall also cover any and all services provided by the SUBRECIPIENT to the CITY since the date the ARPA SLFRF Funds were awarded to the CITY. Additionally, the Term of this Agreement may be extended by a writing executed by the City Manager, or designee, and the City Attorney. C. Arnount of Grant Funding. The total amount of funds provided for said program shall not exceed One Hundred Twenty -Four Thousand Nine Hundred Ninety -Eight Dollars and Zero Cents ($12_ 4,998) ("ARPA SLFRF Funds") during the Term of the Agreement. SUBRECIPIENT agrees to use said ARPA SLFRF Funds to administer said program as outlined in Exhibit A. D. Disbursement of Funds. Said ARPA SLFRF Funds shall be disbursed by CITY to SUBRECIPIENT pursuant to the terms found in the Fee Payment Schedule attached hereto as Exhibit 8, with payments subject to the submittal of invoices and other reporting requirements, as hereinafter more fully set forth, SUBRECIPIENT shall be obligated to perform such duties as would normally extend beyond the term, including, but not limited to, obligations with respect to indemnification, audits, reporting, data retention/reporting, and accounting. Failure to provide any of the required documentation and reporting will cause CITY to withhold all or a portion of a request for ARPA SLFRF Funds, or return the entire request to SUBRECIPIENT, until such documentation and reporting has been received and approved by CITY. (1) Reduction in ARPA SLFRF Funding, The CITY reserves the right to reduce the amount of ARPA SLFRF Funds to SUBRECIPIENT, or to completely terminate this Agreement, in the CITY's sole discretion, if there is a reduction in ARPA SLFRF Funds provided to the CITY. (2) Reduced Distribution of Funds. The CITY reserves the right to reduce the grant application if the CITY's fiscal monitoring indicates that SUBRECIPIENT's rate of expenditure will result in unspent funds at the end of the program term. Amendments in the grant allocation will be made after consultation with SUBRECIPIENT, (3) Reversion of Assets. SUBRECIPIENT agrees that any and all funds received under this Agreement shall be utilized during the Tenn of this Agreement, and that any and all funds remaining as of the end of the Term, which have not been utilized, shall be returned by SUBRECIPIENT to the CITY within thirty (30) days of the expiration or earlier termination of the Agreement. No expense of SUBRECIPIENT will be reimbursed by CITY if incurred after the end of the Term of the Agreement. 2 E. Grant Pro ram Requirements. (1) SUBRECIPIENT acknowledges that the source of fimding for said program is the federal ARPA, and that payments from the ARPA SURF Funds are only to be used to make necessary expenditures incurred due to the public health emergency with respect to COVID-19, (2) SUBRECIPIENT acknowledges that ARPA provisions allow the use of ARPA SURF Funds to respond to, mitigate, and recover from the COVID-19 public health emergency, and will not use these funds for any other uses. (3) SUBRECIPIENT shall follow the process and determination of eligibility for participants in said program as outlined in Exhibit A. F. Performance Monitoring. (1) SUBRECIPIENT shall submit program performance information as often as requested by CITY, but no less than the submission of monthly reports and a final report to CITY with the information requested by and in the format acceptable to CITY. Each monthly report is due within thirty (30) days of completion of work for each month. The final report is due within thirty (30) days after the termination or expiration of this Agreement. (2) CITY will evaluate SUBRECIPIENT's management and operation of said program with respect to the project expectations as described in Exhibit A. (3) CITY will review the audit of the SUBRECIPIENT to ensure that grant funds are used for authorized purposes in compliance with laws, regulations, and the provisions of contracts or grant agreements under this Agreement, including attachments and exhibits. (4) If action to correct any substandard performance is not taken by the SUBRECIPIENT within a reasonable period after being notified by CITY, suspension or termination procedures may be initiated by CITY. (5) All performance shall be subject to review by the CITY or other regulatory agencies at all times. SUBRECIPIENT shall provide adequate cooperation to any inspector or other CITY representative to permit the same to determine SUBRECIPIENT's conformity with the terms of this Agreement. If any services performed by SUBRECIPIENT are not in conformance with the terms of this Agreement, the CITY shall have the right to require SUBRECIPIENT to perform the services in conformance with the terms of the Agreement at no additional cost. The CITY may also terminate this Agreement for default and charge SUBRECIPIENT for any costs incurred by the CITY because of SUBRECIPIENT's failure to perform. (6) SUBRECIPIENT shall establish adequate procedures for self -monitoring and quality control and assurance to ensure proper performance under this Agreement; and shall pennit a CITY representative or other regulatory official to monitor, assess, or evaluate SUBRECIPIENT's performance under this Agreement at any time, upon reasonable notice to SUBRECIPIENT. G. Audit. (1) SUBRECIPIENT shall maintain complete and accurate records and supporting documentation to facilitate financial and/or program audits by CITY. This requirement shall apply to any records and documentation CITY shall reasonably require or as required to be maintained pursuant to the ARPA regulations. (2) The books and accounts, files, and other records of SUBRECIPIENT, which are applicable to this Agreement, shall be available for inspection, review, and audit during normal business hours by CITY to determine the proper application and use of all ARPA SLPRF Funds provided to or for the account or benefit of SUBRECIPIENT. (3) SUBRECIPIENT assumes responsibility for reimbursement to CITY a sum of money equivalent to the amount of any expenditures disallowed should the CITY, or an authorized agency, rule through audit, exception, or some other appropriate means, that expenditures from funds allocated to SUBRECIPIENT for direct and/or administrative costs were not made in compliance with the applicable cost principles, regulations, or the provisions of this Agreement. (4) SUBRECIPIENT agrees to comply with the requirements of OMB Uniform Guidance 2 CFR Part 200. SUBRECIPIENT further agrees to provide CITY with a copy of completed independent auditors' report within thirty (30) days of CITY's request for such report. If the report contains instances of non-compliance with federal laws and regulations that bear directly on the performance or administration of this Agreement, SUBRECIPIENT shall provide CITY copies of responses to auditors' reports, a plan for corrective action, and auditors' response that the noncompliance has been resolved, All reports prepared in accord with the requirements of OMB Uniform Guidance 2 CFR Part 200 shall be available for inspection by representatives of CITY or the federal government during normal business hours. (5) All accounting records, reports, and evidence pertaining to all costs, expenses and the ARPA SLFRF Funds of SUBRECIPIENT and all documents related to this Agreement shall be maintained and kept available at SUBRECIPIENT'S office or place of business for the duration of the Agreement and thereafter for five (5) years from the date of final payment under this Agreement, Records which relate to; (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement; or, (b) costs and expenses of this Agreement to which CITY or any other governmental agency takes exception, shall be retained beyond the five (5) years until complete resolution or disposition of such appeals, litigation claims, or exceptions. In the event SUBRECIPIENT does not make the above -referenced documents available within the City of Santa Ana, California, SUBRECIPIENT agrees to pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the location where said records and books of account are maintained. H. Ownership/Use of Materials. SUBRECIPIENT agrees that all materials, reports or products in any form, including electronic, created by SUBRECIPIENT for which to SUBRECIPIENT has been compensated pursuant to this Agreement shall be the sole property of the CITY. The material, reports, or products may be used by the CITY for any purpose that the CITY deems to be appropriate, including, but not limit to, duplication and/or distribution within the CITY or to third parties, SUBRECIPIENT agrees not to release or circulate in whole or part such materials, reports, or products without prior written authorization of the CITY. I. Close -Out. SUBRECIPIENT agrees to comply with the closeout procedures detailed in 2 CFR §200.343, including the following: (1) SUBRBCIPIENT must submit, no later than ninety (90) calendar days after the end date of the period of performance, all financial, performance, and other reports as required by the terms and conditions of this Agreement; (2) SUBRECIPIENT must promptly refund any balances of unobligated cash that the CITY paid in advance or paid and that is not authorized to be retained by SUBRECIPIENT for use in other projects (See OMB Circular A-129 and 2 CFR §200.345); and, (3) CITY should complete all closeout actions for the Federal award no later than one year after receipt and acceptance of all required final reports, II. SUSRECIPIENT'S OBLIGATIONS A. Representations and Warranties (1) Authority, SUBRECIPIENT is a duly organized and existing domestic nonprofit corporation in good standing and authorized to do business under the laws of the State of California. SUBRECIPIENT has full right, power and lawful authority to accept the funding hereunder and to undertake all obligations as provided herein and the execution, performance and delivery of this Agreement by SUBRECIPIENT has been fully authorized by all requisite actions on the part of SUBRECIPIENT. (2) Experience. SUBRECIPIENT is qualified to provide the administrator services for said program detailed herein. (3) Familiarity With Services Required. By executing this Agreement, SUBRECIPIENT warrants that: (i) it has thoroughly investigated and considered the administrator services to be performed and provided for said program as detailed in Exhibit A; (ii) it has carefully considered how the services should be performed; and, (iii) it fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. (4) No Conflict. To the best of SUBRECIPIENT'S knowledge, SUBRECIPIENT'S execution, delivery and performance of its obligations under this Agreement will not constitute a default or a breach under any contract, agreement or order to which SUBRECIPIENT is a party or by which it is bound, (5) No Bankruptcy. SUBRECIPIENT is not the subject of any current or threatened bankruptcy proceeding. (6) No Pending Legal Proceedings. SUBRECIPIENT is not the subject of a current or threatened litigation that would or may materially affect SUBRECIPIENT'S performance under this Agreement. (7) Proposal Veracity. All provisions of and information provided in SUBRECIPIENT's proposal submitted to CITY, including any exhibits, are true and correct in all material respects. (8) No Pending Investigation. SUBRECIPIENT has no knowledge that it is the subject of any current or threatened criminal or civil action investigation by any public agency, including without limitation a police agency or prosecuting authority, which would relate to or affect performance of the Agreement or provision of services hereunder, B. Licensing. SUBRECIPIENT agrees to obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing its operations. SUBRECIPIENT shall ensure that its staff shall also obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing SUBRECIPIENTs operations hereunder. Such licensing requirements include obtaining a City business license, as applicable. C. Zoning. SUBRECIPIENT agrees that any facility/property used in furtherance of said program shall be specifically zoned and permitted for such use(s) and activities. Should SUBRECIPIENT fail to have the required land entitlement and/or permits, thus violating any local, state or federal toles and regulations relating thereto, SUBRECIPIENT shall immediately make good - faith efforts to gain compliance with local, state or federal rules and regulations following written notification of said violation(s) from the CITY or other authorized citing agency, SUBRECIPIENT shall notify CITY immediately of any pending violations. Failure to notify CITY of pending violations, or to remedy such known violation(s) shall result in termination of grant funding hereunder. SUBRECIPIENT must make all corrections required to bring the facility/property into compliance with the law within sixty (60) days of notification of the violation(s); failure to gain compliance within such time shall result in termination of grant funding hereunder. D. Separation ofAccounts. All funds received by SUBRECIPIENT from CITY pursuant to this Agreement shall be maintained in an account in a federally insured banking or savings and loan institution with record keeping of such accounts maintained pursuant to applicable 2 CFR 200.302 requirements. SUBRECIPIENT is not required to maintain separate depository accounts for ARPA SLFRF Funds; provided however, the SUBRECIPIENT must be able to account for receipt, obligation, distribution and expenditure of ARPA SLFRF Funds pursuant to applicable 2 CFR 200.302 requirements. E. Audit Report Requirements. SUBRECIPIENT agrees that if SUBRECIPIENT expends Seven Hundred Fifty Thousand Dollars ($750,000) or more in federal funds, SUBRECIPIENT shall have an annual audit conducted by a certified public accountant in accordance with the standards as set forth and published by the United States office of Management and Budget. SUBRECIPIENT shall provide CITY with a copy of said audit by April 1 of the year following the program year in which this Agreement is executed. l3 F. Compliance with Law/Program Income, SUBRECIPIENT acknowledges that the funds being provided by CITY for said program are received by CITY pursuant to ARPA, and that distribution and expenditure of these ARPA SURF Funds shall be in accordance with ARPA and all pertinent regulations issued by agencies of the federal govennnent, including, but not limited to, all regulations found at Title 24 of the Code of Federal Regulations. Any program income received by SUBRECIPIENT shall be returned to CITY, unless otherwise provided for in this Agreement. SUBRECIPIENT agrees to comply fully with all federal, state and local laws and court orders applicable to its operation and administration of said program, whether or not referred to in this Agreement. G, Debarment. To protect the public interest and ensure the integrity of Federal programs, CITY may only conduct business with responsible persons and may not make any award or permit any award to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549, "Debarment and Suspension". See also 24 CFR 570.609. SUBRECIPIENT must review and sign Exhibit D "Debatmenf', which is attached hereto and incorporated herein by this reference. SUBRECIPIENT shall be in good standing, without suspension by the California Secretary of State, Franchise Tax Board or Internal Revenue Service. Any change in the corporate status or suspension of SUBRECIPIENT shall be reported immediately to CITY. H. Confidentiality. Without prejudice to any other provisions of this Agreement, SUBRECIPIENT shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and state law, However, SUBRECIPIENT shall submit to CITY or its representatives, all records requested, including audit, examinations, monitoring and verifications of reports submitted by SUBRECIPIENT, costs incurred and services rendered hereunder, 1. Independent Contractor. SUBRECIPIENT agrees that the performance of obligations hereunder is rendered in its capacity as an independent contractor and that it is in no way an agent of CITY. 7. Violation ofTerms and Conditions. SUBRECIPIENT agrees that if SUBRECIPIENT violates any of the terms and conditions of this Agreement or any prior Agreement whereby ARPA SURF Funds were received by SUBRECIPIENT, or if SUBRECIPIENT reports inaccurately, or if on audit there is a disallowance of certain expenditures, SUBRECIPIENT agrees to remedy the acts or omissions causing the disallowance and repay CITY all amounts spent in violation thereof. If SUBRECIPIENT engaged in fraudulent activity to obtain and/or justify distribution or expenditure of the ARPA SURF Funds granted hereunder, SUBRECIPIENT shall be required to reimburse the CITY of all such funds that were obtained, distributed and/or spent under fraudulent circumstances. R. Fraud. SUBRECIPIENT shall immediately report all suspected or known instances and facts concerning possible fraud, abuse or criminal activity related to said program for the ARPA SURF Funds under this Agreement. L. Prohibited Use. SUBRECIPIENT hereby certifies and agrees that it will not use ARPA SURF Funds provided through this Agreement to pay for entertainment, meals or gifts, or other prohibited uses. M. obL bying. SUBRECIPIENT certifies that it will comply with federal law (31 U.S.C. 1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, Member of Congress, or an officer or employee of a Member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement, SUBRECIPIENT shall sign a certification to that effect in a form as set forth in Exhibit E, attached hereto and by this reference incorporated herein. SUBRECIPIENT shall submit said signed certification to CITY prior to performing any of its obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any sums to SUBRECIPIENT under the terms and conditions of this Agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit a "Disclosure Form to Report Lobbying," in accordance with its instructions (Exhibit E). N. Financial Interest. SUBRECIPIENT agrees that except for the use of administrative fees to pay salaries and other related administrative or personnel costs, no persons who exercise or have exercised any function with respect to administering said program under the terms of this Agreement, or who are in a position to participate in a decision -making process or gain inside information with regard to the administration of said program, may obtain a financial interest or benefit from said program, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. This prohibition applies to any person who is an employee, agent, consultant, officer, or elected or appointed official of CITY, or of any designated public agency, or the SUBRECIPIENT. O, Labor Standards. The SUBRECIPIENT agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The SU13RECIPIENT agrees to comply with the Copeland Anti -Kick Back Act (18 U.S.C. 874 et seq) a44.its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The SUBRECIPIENT shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the CITY for review upon request. P. Equal Employment Opportunities, SUBRECIPIENT shall make every effort to ensure that all projects funded wholly or in part by ARPA SURF Funds shall provide equal employment opportunities for minorities and women. Q. Women and Minority -Owned Businesses (W/MBE,)_ SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this Agreement in accordance with the requirements of 2 CFR 200.321 "Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms". As used in this Agreement, the term "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S,C. 632), and "minority and women's business enterprise" means a business at least fifty-one percent (51%) owned and controlled by minority group members or women, For the purpose of this definition, "minority group members" are African -Americans, Spanish-speaking, Spanish surnamed or Spanish -heritage Americans, Asian - Americans, and American Indians. SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. R. Drug Free Workplace. SUBRECIPIENT agrees to provide a drug -free workplace and to execute a certification as set forth in Exhibit F attached hereto and incorporated herein by this reference. S. Uniform Administrative Requirements Cost Principles, and Audit Requirements for Federal Awards The following requirements and standards must be complied with: 2 CFR Part 200 et al, SUBRECIPIENT shall procure all materials, property, or services in accordance with the requirements of 2 CFR 200.318-326. III. CITY'$ OBLIGATIONS A. Audit of Account, CITY shall include an audit of the account maintained by SUBRECIPIENT in CITY's audit of all ARPA SURF Funds in accordance with Title 24 of the Code of Federal Regulations and other applicable federal laws and regulations. B. Common Rule: Pursuant to 2 CFR 200.328(a), the CITY manages the day-to-day operations of each grant and subgrant supported activities. CITY staff has detailed knowledge of the grant program requirements and monitors grant and subgrant supported activities to assure compliance with federal requirements. Such monitoring covers each program, function and activity and performance goals are reviewed periodically. C. Project Expectations: CITY shall monitor the performance of SUBRECIPIENT against goals and performance standards required herein. The SUBRECIPIENT shall be responsible to accomplish the project expectations as set forth in Exhibit A, and report such results to the CITY. If the SUBRECIPIENT estimates such goals will not be met, the SUBRECIPIENT is to contact the CITY, at which time the CITY will determine if any adjustments to the grant award is appropriate. Substandard performance as determined by the CITY will constitute non- compliance with this Agreement. Should the CITY determine that the SUBRECIPIENT has not performed its obligations as stated in this contract in a satisfactory manner, or if the CITY determines that insufficient supporting information has been submitted, the CITY shall notify the SUBRECIPIENT in writing of Its determination specifying in full detail the objections that it has to the SUBRECIPIENT's performance. If action to correct such substandard performance is not taken by the SUBRECIPIENT after being notified by the CITY, within a reasonable period of time as stipulated in the written notification, contract suspension or termination procedures will be initiated. IV. GENERAL PROVISIONS A. Non -Discrimination. 1. SUBRECIPIENT agrees to comply with Executive Order 11246, which requires that during the performance of this Agreement, SUBRECIPIENT agrees not to discriminate against any employee or applicant for employment because of race, religion, sex, color or national origin, Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer, rates of pay or other forms of compensation, and selection for training, including apprenticeship. SUBRECIPIENT agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the SUBRECIPIENT setting forth the provisions of this nondiscrimination clause. 2, SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of 1964, which indicates that no person shall, on the ground of race, color or national origin, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program of activity receiving federal financial assistance. 3. No person shall, on the grounds of race, sex, creed, color, religion, marital status, national origin, age, sexual orientation, or physical or mental handicap be excluded from participation in, be refused the benefits of, or otherwise be subject to discrimination in any activities, programs or employment supported by this Agreement. SUBRECIPIENT is prohibited from discrimination on the basis of age or with respect to an otherwise qualified handicapped person as provided for under Section 109 of the Housing and Community Development Act of 1974, as amended. 4. SUBRECIPIENT agrees to comply with the Age Discrimination Act of 1975, which requires that during the performance of this Agreement, SUBRECIPIENT agrees not to discriminate against any employee or applicant for employment because of age, Such action shall include, but not be limited to the following: employment upgrading, demotion, or transfer, rates of pay or other forms of compensation, and selection for training, including apprenticeship. SU13RECIPMNT agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the SUBRECIPIENT setting forth the provisions of this age discrimination clause. 5. SUBRECIPIENT agrees to comply with Section 504 of the Rehabilitation Act of 1973, which requires that no otherwise qualified individual with a disability in the United States, shall, solely by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial 10 assistance or under any program or activity conducted by any executive agency or by the United States Postal Service. B. Conflict Of Interest, Pursuant to the conflict of interest requirements set forth in 24 CFR 570.611 and 2 CFR 200,112, SUBRECIPIENT certifies that no member, officer, employee, agent or assignee of CITY having direct or indirect control of any ARPA SLFRF Funds granted to the CITY, inclusive of the subject ARPA SLFRF Funds, shall serve as an officer of SUBRECIPIENT, Further, any conflict or potential conflict of interest of any officer of SUBRECIPIENT shall be fully disclosed in writing prior to the execution of this Agreement and said writing shall be attached and deemed fully incorporated as a part hereof. Notice shall be sent by SUBRECIPIENT to CITY regarding any changes or modifications to its board of directors and list of officers. C. Special Certification for Religious Entities, If SUBRECIPIENT is a religious entity, SUBRECIPIENT hereby agrees that in connection with the provision of the services SUBRECIPIENT shall provide with ARPA SLFRF Funds, in accordance with 24 CFR 570.2000): 1. SUBRECIPIENT shall not discriminate against any employee or applicant for employment on the basis of religion and shall not limit employment or give preference in employment to persons on the basis of religion. 2. SUBRECIPIENT shall not discriminate against any person applying for the services SUBRECIPIENT agrees to provide under the terms of this Agreement on the basis of religion and shall not limit such services or give preference to applicants for such services on the basis of religion, 3. SUBRECIPIENT shall NOT provide religious instruction or counseling, conduct any religious worship or services, or engage in any religious proselytizing, or exert any religious influence in the provision of the services in said program. The parties agree that this covenant is intended to and shall be construed for the limited purpose of assuring compliance with respect to the use of CITY funds by SUBRECIPIENT with applicable constitutional limitations respecting the establishment of religion as set forth in the establishment clause under the First Amendment of the United States Constitution and Article 1, Section 4 of the California Constitution, and is not in any manner intended to restrict other activities of SUBRECIPIENT. 4. The portion of a facility used to provide public services assisted in whole or in part under this Agreement shall contain no sectarian or religious symbols. S. Where the services to be provided under said program are rendered on property owned by the primarily religious entity SUBRECIPIENT, ARPA SLFRF Funds may also be used for minor repairs to such property, which are directly related to the cost of rendering the services under said program, where the cost constitutes in dollar terms only an incidental portion of the ARPA expenditure for rendering the services under said program, D. Prohibition of Nepotism. SUBRECIPIENT agrees not to hire or permit the hiring of any person to fill a position funded through this Agreement if a member of that person's immediate family is employed in an administrative capacity by SUBRECIPIENT. For the purposes of this II - section, the term "immediate family" means spouse, child, mother, father, brother, sister, brother-in- law, sister-in-law, father-in-law, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, niece, nephew, stepparent and stepchild. The term "achnirustrative capacity" means having selection, hiring, supervisor or management responsibilities. E. Notices, Notices to the parties shall, unless otherwise requested in writing, be sent by U.S. Mail, postage prepaid, and addressed as follows: TO CITY: City of Santa Ana Lisa Rudloff Executive Director Parks, Recreation and Comtmunity Services Agency 20 Civic Center Plaza P.O, Box 1988 Santa Ana, California 92702-1988 TO SUBRECIPIENT: Ana Jimenez-Hami Executive Director 2215 N Broadway, 1"Floor Santa Ana, CA 92706-2664 F. Assignabilit . None of the duties of, or work to be performed by, SUBRECIPIENT under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY. SUBRECIPIENT must submit all subcontracts and other agreements that relate to this Agreement to CITY. No subcontract or assignment shall terminate or alter the legal obligations of SUBRECIPIENT pursuant to this Agreement, G. hidemnification/Hold Harmless. SUBRECIPIENT shall indemnify, defend and save harmless CITY, its officers, employees, agents, representatives and volunteers from and against any and all damages to or for loss of use of property and for injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, employees, agents, representatives and volunteers from and against any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers compensation claims and including attorney fees and reasonable expenses for litigation or settlement, resulting from or arising out of the negligent or wrongful acts, errors or omissions of SUBRECIPIENT, its officers, directors, employees, agents, subcontractors and suppliers arising out of SUBRECIPIENT's performance of this Agreement. I I. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, its agents, representatives, employees, or subcontractors. 12 a. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 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 project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1(any auto), or if Contractor has no owned autos, Code 8 (hired) and 9 (non -owned), with limit no less than $1,000,000 (if program services includes transportation of youth, the limit shall be no less than $5,000,000) per accident for bodily injury and property damage. (Not required if an automobile is not required to fulfill services.) 3. Workers' Compensation: insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Sexual Abuse or Molestation (SAM) Liability: If the CGL policy referenced above is not endorsed to include affirmative coverage for sexual abuse or molestation, Contractor shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit no less than $1,000,000 per occurrence or claim. 5. I£ the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. b. Other Insurance Provisions — The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status: 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 work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 1185 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if a later edition is used). 2, Primary Coverage: For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 0104 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, 13 employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3. Notice of Cancellation: Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City. 4. Waiver of Subrogation: Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. 5. Self -Insured Retentions: Self -insured retentions must be declared to and approved by the City. The City may require the Contractor 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, 6. 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 ANIL unless otherwise acceptable to the City. 7. Claims Made Policies: If any of the required policies provide coverage on a claims -made basis: 1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive bate prior to the contract effective date, the Contractor must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. 8. Verification of Coverage: Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 14 9. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 1. Termination. I. This Agreement may be terminated on thirty (30) days' written notice by either party, hi the event of such termination, SUBRECIPIENT shall only be entitled to reimbursement for approved expenses incurred to the effective date of termination. 2, This Agreement may be suspended or terminated by CITY upon five (5) days' written notice for violation by SUBRECIPIENT of Federal Laws governing the use of ARPA SURF Funds. In the event of such suspension or termination, SUBRECIPIENT shall only be entitled to reimbursement for approved expenses incurred up to the effective date of suspension or termination. 3. Pursuant to 2 CFR 200,340, in the event SUBRECIPIENT defaults by failing to fulfill all or any of its obligations hereunder, CITY may declare a default and termination of this Agreement by written notice to SUBRECIPIENT, which default and termination shall be effective on a date stated in the notice which is to be not less than ten (10) days after certified mailing or personal service of such notice, unless such default is cured before the effective date of termination stated in such notice. If terminated for cause, CITY shall be relieved of further liability or responsibility under this Agreement, or as a result of the termination thereof, including the payment of money, except for payment for approved expenses incurred for services satisfactorily and timely performed prior to the mailing or service of the notice of termination, and except for reimbursement of. (1) any payments made for services not subsequently performed in a timely and satisfactory manner, and, (2) costs incurred by CITY in obtaining substitute performance. 4. The grant of funds under this Agreement may be terminated for convenience by either the CITY or SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of portion termination, their portion to be terminated, However, if in the case of a partial termination, the CITY determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the CITY may terminate the award in its entirety. 5. The grant of funds under this Agreement may be terminated due to the non- performance of SUBRECIPIENT and/or failure of SUBRECIPENT to perform the work described in Exhibit A. 6. The grant of funds under this Agreement may be terminated due to the failure of the CITY to receive sufficient or anticipated funding for the ARPA program for any term subject to this Agreement. 7. In the event this Agreement is terminated as set forth in subparagraphs I(1) through 1(6), inclusive, SUBRECIPIENT agrees to immediately return to CITY upon CITY's demand and prior to any adjudication of SUBRECIPIENT's rights, any and all funds not used, and to comply with the Reversion of Assets requirements in this Agreement. 15 J. Limitation of Funds. The United States of America may in the future place programmatic or fiscal limitations on the use of ARPA SLFRF Funds, which limitations are not presently anticipated. Accordingly, CITY reserves the right to revise this Agreement in order to take account of actions affecting ARPA program funding. In the event of funding reduction, CITY may, in its sole and absolute discretion, reduce the budget of this Agreement, may limit the rate of SUBRECIPIENT's authority to utilize funds, or may restrict SUBRECfPIENT's use of uncommitted funds. Where CITY has been directed to implement a reduction in funding, with respect to funding for this Agreement, CITY's City Manager or delegate is authorized to act for CITY in implementing and effecting such a reduction and in revising, modifying, or amending the Agreement for such purposes. If such a reduction in funding occurs, SUBRECIPIENT shall be permitted to de -scope accordingly, Where CITY has reasonable grounds to question SUBRECIPIENT's fiscal accountability or compliance with this Agreement, CITY may suspend the operation of this Agreement for up to sixty (60) days upon five (S) days written notice to SUBRECIPIENT of its intention to so act, pending an audit or other resolution of such questions. In no event, however, shall any revisions made by CITY affect expenditures and legally binding commitments made by SUBRECIPIENT before it received notice of such revision, provided that such amounts have been committed in good faith and are otherwise allowable and that such commitments are consistent with ARPA SLFRF Funds withdrawal guidelines. K. Exclusivity and Amendment of Agreement. This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the use of CITY's ARPA SLFRF Funds by SUBRECIPIENT and contains all the covenants and agreements between the parties with respect to SUBRECIPIIENT's administration of said program. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and SUBRECIPIENT. L. Laws Governing this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of California, and all applicable federal laws and regulations. M. Validity and Severabili -, The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. Whenever possible, each provision of this AGREEMENT shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this AGREEMENT is held to be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provisions of this AGREEMENT. N. Waiver. No delay or omission by either party hereto to exercise any right or power accruing upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement herein contained. 16 O. Federal Award Identification Information, SUBRECIPIENT's pertinent Federal Award Identification Information, including DUNS Number and Federal Award Identification Number (FAIN), as well as the applicable information for ARPA, are included in Exhibit C attached hereto and incorporated herein by this reference. P. Miscellaneous Provisions. 1. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully, including reasonable costs and attorney's fees, for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 2. All Exhibits and Attachments referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 3. This Agreement must be signed below and may be signed in counterpart and delivered by fax, email as a PDF (Portable Document Format) file attachment, or by other means that displays the original or a copy of the signatures. Any subsequent amendments may be signed and delivered in the same manner, (Signatures on following page) 17 A-2022-069-13 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first written above. ATTEST: DAISY OMEZ Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney y: 13RANDON SALVATIERRA Deputy City Attorney RECOMMENDED ExecYive Director Parks, Recreation and Community Services Agency IF] CITY OFSANTA ANA - NA- KRISTINE RIDGE City Manager SUBRECIPIENT: ANA JIMENEZ-HAMI Executive Director DUNS #: 014317940 EXHIBIT A SCOPE OF WORK RFP NO: 21-116 A - REVIVE SANTA ANA YOUTH PROGRAMS Exhibit A OCCTAC Early Childhood Program for Santa Ana Children & parents SCOPE OF WORK: 1. Details of Early Childhood Program for Santa Ana Children and Parents: In partnership with the City of Santa Ana, Parks, Recreation and Community Services agency, OCCTAC proposes to offer an Early Childhood support program for very young Santa Ana children (6 months — 5 years), and their parents. This Early Childhood Program will be offered at the four Recreational Centers located within the Qualified Service Tract areas in the city of Santa Ana, including: Jerome Center, Garfield Recreation Center, Roosevelt -Walker Center and Salgado Recreation Center. The goals of OCCTAC's Early Childhood (Early Start and Pre -Kinder Arts) programs are: (1) to educate very young children from low-income communities in Santa, and get them ready for school, (2) educate parents on what their children are learning, (3) prepare parents for kindergarten learning, (4) introduce young children and parents to the arts, (5) integrate children with and without disabilities when needed, and (5) prevent child abuse. OCCTAC's Early Childhood program will run 4 days per week, and will require parents to participate hands-on every day in the program. As noted above, parents will also attend a parenting class to enhance their knowledge on their children's developmental stages, and other important parenting topics, The children and parents will be separated per age group. The young children (dmonts -- 2. $ years) will he placed in the Early Start Program, and the older children (3-5 years) will he placed in the Pre -Kinder Arts program. All families will be encouraged to participate in the program as many days as possible to enhance their learning opportunities and educational outcomes later in life. Furthermore, the families will also have the opportunity to choose an additional Arts enrichment activity of their choice that will be provided to the young children and parents at the community/recreational centers. The following are some sample classes for very young children: -Music Classes - Le Petit Piano Program — For Aces 3 — 9 vas - My First Piano Adventures Series — This class is for the pre -kinder group and kindergarten ages. Students will learn to play their first musical notes in the piano, sing, play rhythm activities, and work in a small group setting. Students will learn to interact socially and parents will slowly learn to help them conduct themselves independently. vtsum furs - ••mominy/Daaay and Me Art class"For Ages 2 44 yrs. - Children and parents will engage in fun art activities that will also enhance children's fine motor -skills, creativity and self-expression. This hands-on art class will be the perfect introduction for the children, as they explore color, shapes, texture, and more, while learning to love art and appreciate the creative process. "once LIMES- - lnommvivaadv and Me Dance Class" for Ages I 3 Pry, —Children and parents will engage in fun dance activities together, while exploring Creative movement, Ballet, RFP NO: 21-116 A - REVIVE 5ANTA ANA YOUTH PROGRAMS Exhibit A OCCTAC Early Childhood Program for Santa Ana Children & parents Tap Jazz, and others developmentally -appropriate songs and dances to bring about joy and self- expression, Duration of the Program - The OCCTAC's Early Childhood Education Program will be offered to the community for a period of I year; and with the possibility of continuing the services at the community centers or at OCCTAC for a longer period of time, contingent upon funding. Deliverables of the Program and Evaluation - In partnership with the City of Santa Ana, Parks and Recreation Community Centers, OCCTAC will document success of the program based on the following list of treasurable outcomes: 1- School Readiness/Pre Academic concepts (number, letters, colors, shapes, etc.) gained by at least 75% of all the children enrolled in the program (Pre and Posttests given to the children); 2, Observational Assessments of Growth of Children in Developmental Areas observed — 75% of all children enrolled will improve in at least one area of development: Language, Social - Emotional, Cognitive/Academic (School Readiness skills), Motor/Physical; 3. Parents ,Educational Attainment — (Pre and Post assessments of Parent knowledge of Developmental Stages and other Parenting Topics discussed during the year). Furthermore, in partnership with the Santa Ana College, all the parents will be provided the opportunity to enroll in a Child worker State Certificate program to enhance their educational levels and financial opportunities to start a private business/ "Childcare program at home" and enhance their economic/financial status. 4. Parent Surveys ofstudents progress & Program satisfaction - Parents surveys wilt be conducted to gather feedback on their personal experience and level of satisfaction with the program 2. Target Population OCCTAC will provide services to families in Santa Ana communities disproportionately impacted by COVIDI9 public health emergency. OCCTAC will serve children and families from unserved or underserved households living in Santa Ana neighborhoods that suffered a negative economic impact caused by Covidl9. These families also live in neighborhoods identified as Qualified Service Tracts (QCT). All 4 Community/ Recreational Centers were OCCTAC will provide services are strategically located either inside a QCT or in very close vicinity to neighborhoods that have been identified as Qualified Service tracts (QCT). The services will be provided at the following community/recreational centers: • Roosevelt -Walker Center - 816 E Chestnut Ave, Santa Ana • Garfield Rec. Center - 501 N. Lacy street., Santa Ana • Jerome Rec. Center - 726 W. Center street, Santa Ana • Salgado Rec. Center - 706 N. Newhope street, Santa Ana Exhibit A RFP NO: 21-116 A - REVIVE SANTA ANA YOUTH PROGRAMS OCCTAC Early Childhood Program for Santa Ana Children & Parents 3. Unmet Need: OCCTAC plans to deliver this important program at the Recreational Centers to support families that are unable to travel within the city. OCCTAC already has a presence in the community and the capacity to develop and implement these programs with the support of this contract and the partnership with the City of Santa Ana. This Early Childhood Education program will allow us to expand our reach and enable more children and families to participate in the program to expand the educational opportunities of very young children, educate parents and prevent crime and violence in our Santa Ana community. 4. Collaborations with local organizations: As mentioned previously, OCCTAC has built excellent community partnerships during our 21 years of operation. Some of these key agencies include the City of Santa Ana, the Santa Ana Work Center, the Santa Ana Unified School District, the Santa Ana College, the County of Orange, Social Services, the County of Orange, Health Care Agency, and local colleges, such as Chapman University, Cal State Fullerton, and others. These important partnerships have allowed our agency to expand our mission in the community and the level of services we provide to our Santa Ana children, youth and families. We look forward to the opportunity of expanding this partnership at the various community/recreational centers mentioned above, in addition, we plan to continue our collaboration with the Santa Ana College to offer parenting classes for all the families that enroll in the Early Childhood program, as well as a Child Worker State Certificate program for parents that would like to expand their educational levels to complete this special certificate. 3. Innovation in Program/Service Delivery: OCCTAC's mission is unique and innovative! OCCTAC's Early Childhood Program for Santa Ana children and parents is also innovative in nature for the following reasons: 1) OCCTAC is bringing the services to the community in their neighborhood recreational centers to provide better access to low-income families that have transportation challenges; 2) OCCTAC uses an educational model that brings children and parents learning together in a nurturing and creative environment; 3) OCCTAC's creative curriculum integrates Arts, Language & Literacy and School Readiness activities to educate and empower children and parents from low-income communities; and 4) OCCTAC's holistic model of full inclusion, where children with and without special needs socialize and learn together. EXHIBIT B FEE PAYMENT SCHEDULE Exhibit B FISCAL YEAR 2022.2023 PROPOSED PROGRAM BUDGET Organization Name Orange County Children's Therapeutic Arts Center Program Name Early Childhood Program Term: July 1, 2022 to June 30, 2023 EXPENDITURES Enter budget categories and projected expenditures: Expenditures Funded By Expenditures Total Santa Ana Funded By5Buidget Organization Category REVIVE Funds Other SourcesBudgetAdministrativeStaffSalaries $7920 $ 32,620.70 17p,367Program Staff Salaries $99528 $ 190,800.00 924,136 Contractual Services $0 $ 3,673.00 $3,673 $ 22,955 Program Supplies $6,186 $ 6,397.00 $12,583 $ 63,965 Rent and Utilities $0 $ 24,930 $24,930 $ 124,652 Other expenses $0 $0 $ 32,794 $p $O $0 $0 Total Direct Costs $113,63 1 $ 258,421 $372,055 $ 1,338,869 Indirect Cost 10% $11,364 $ 25,842,07 $37,206 TOTAL $124,9981 $284,2631 $409,261 $1,338,869 PROGRAM RESOURCES LIST ALL OTHER PROGRAM RESOURCES FOR 2022-2023 Funding Source total must equal Program Budget Total uotorl ah „o FUNDING SOURCE AMOUNT Santa Ana REVIVE $ 124,998 Public & Private Donations $ 100,883.00 Public & Private Foundations $ 32,791.00 Contracts $ Corporate Donations $ 10,017.00 OCCTAC Inkind $ 87,572.00 Fundralsing $ 53,000.00 TOTAL $ 409,261 Exhibit B 2022-2023 REVIVE BUDGET LINE ITEMS ADMINISTRATIVE STAFF Position Title Annual Salary & Benefits I REVIVE Funds Description Program Coordinator $ 7,920.00 $ 7,920.00 PROGRAM STAFF Position Title Annual Salary & Benefits REVIVE Funds Description Early Start Teacher $ 17,952.00 $ 17,952.00 Early Start Teacher $ 17,952.00 $ 17,952.00 Pre -Kinder Arts Teacher $ 17,952.00 $ 17,952.00 Pre -Kinder Arts Teacher $ 17,952.00 $ 27,952.00 Early Childhood Arts Instructor $ 9,240.00 $ 9,240,00 Early Childhood Arts Instructor $ 9,240,00 $ 9,240.00 Early Childhood Arts Instructor $ 9,2a0,00 $ 9,240.gq SUPPORT STAFF Type of Service Contract Amount REVIVE Funds Description PROGRAM SUPPLIES Line Item Program Amount REVIVE Funds Description Art, Music, Dance and Literacy Supplies $ 5,000.00 $ 5,000.00 Office and printing costs $ 1,186.00 1,186.00 Attachment 1(b) EXHIBIT C FEDERAL AWARD IDENTIFICATION INFORMATION The General Program Requirements were designed to provide the framework where the CONTRACTOR will provide ARPA programs identified in this attachment. I. GOVERNANCE The CONTRACTOR agrees to comply, remain informed, and deliver services consistent with the provisions of ARPA. Where local policy has not been set, the CONTRACTOR agrees to adhere to state and/or federal policy, as appropriate. II. GOVERNANCE REFERENCES A. Additional state and federal agencies that provide funding to the CITY may be incorporated herein, B. Information Bulletins, Directives, and any other federal and state guidance documents pertaining to the ARPA SURF Funds. C. Actions, directives, and policy and procedures issued by the CITY. D. CITY policies, as applicable. III. CONTRACTO SUBRECIPIENT DETERMINATION: In accordance with the requirements of 2 CFR 200.330 (Subrecipient and Contractor determination) and for the purpose of this CONTRACT, SUBRECIPIENT is determined to be a CONTRACTOR. IV. FEDERAL AWARD IDENTIFICATION 77777777 ` +A 111411010 � oN�� -CONTRACTOR Name: ORANGE COUNTY CHILDREN'S THERAPEUTIC ARTSCENTERNTRACTOR'S ±A Unique014317940 ntifier (D-U-N-S): Federal Award --- C. Identification Number SLFRP1059 (FAIN): D. Federal Award Date: 5/19/2021 E. Subaward Period of Performance; 7/1/2022-6/30/2023 Total Amount of Federal F. Funds Obligated by the $124,998 Action: Total Amount of Federal G. Funds Obligated to the $124,998 CONTRACTOR: H. Total Amount of the $64,180,406.50 Federal Award: I Federal Award Project American Rescue Plan Act (ARPA) Description: J. Federal Awarding Agency, U.S, Department of the Treasury K. Name of PTE: City of Santa Ana L. Contact Information for the Awarding Official: Kristine Ridge, City Manager Phone Number: (714) 647-5200 E-mail Address: krid a .santa-ana.o�rk 1VI CFDA Number: 21.027 CFDA Name: Coronavirus State and Local Fiscal Recovery Funds N. Whether Award is R&D: No O Indirect Cost Rake for the Federal Award: de minimus or federally negotiated rate DEBARMENT Debarnt Suspension, Regarding Ineligibility and Voluntary FmAusion Lower Tier Covered Transactions This cemscation is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CPR Part 98, Section 98.510, participants' iaponsibilities. The regulations published as Park VII of the May 26,1988 Federal (pages 19160.19211). were (BEFORE; COMPLETING CERTIFICATION, READ IIVMUCTIONS FOR CERTIFICATION - Attached) (1) The prospective rempieat offederal assistance funds certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or vokmtmily excluded finun participation in this transaction by any federal department or agency. (2) Where the prospective recipient of federal assistance funds is unable to certify to any of the statements in this ce ttificsti0k such prospective participant shall attach an explanation to this Proposal. Dr. Ana Jimenez-Hw4 Founder and Executive Director Name and Title o£Authotixed Representative Signature I\ v. "nu o-. 1. By signing and submitting this proposal, the prospective recipient of federal assistance funds is providing the certification as set out below. 2. The cerlification in this clause's a material representation of fact upon which reliance was Placed when this transaction was entered into. If it is later determined that the prospective recipient of federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government the Department of Labor (DOL) may pursue available remedies, including suspension and/or debarment. 3. The prospective recipient of federal assistance funds shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective recipient of federal assistance Awds learns that its certification was erroneous when submitted or has become erroneous by reason ofchanged circumstances. 4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covex,'rr'e'd transact�iorio" "participant" "person," "primary covered transaction," "principal," "lrrolo�+�ait and "voluntarily excluded," as used in this clause, havethe meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12544. You may contact the Person to which this proposal is submitted for assistance in obtaining a copy of those regulations. S. The prospective recipient of federal assistance funds agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the DOL. 6. The prospective recipient of federal assistance fund further agrees by submitting this Proposal thatitWill include the clause titled "C"fication Regarding Debarment, Suspension, Ineligibility and voluntary exclusion - Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. Aparticipaut in a eoveredtzansaction may rely upon a certiScationofa prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to check the L& of parties, Excluded from Pmrxrrement or Non Procr_memerrk PwMM 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 2 4. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligibk or voluntarily excluded .from participation in this transaction, in addition to other remedies available to the Federal Government, the DOL may pursue available remedies, including suspension and/or debarment. 3 LOBBYING Certification Regarding Lobbying The undersigned certifies, to the best ofhis or her knowledge and belies; that: (I) No Federal appropriated fins have been paid or will be paid, by or on behalf of the undersigned, to any person for inamcmg, or we opting to influence an offma or employee of any agency, a Member of Congress, an officer or eanployee of Cons, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the eaaemlon, eonttmatiom, renewal, amendment, or modification of say Federal contact, gent, lama or cooperative agreement. (2) Ifaiyfiordso0WIhmFedcuaiappropriated fiusdshave been paiderwrllbepaidtoanyperson for .influencing or artemphag to influence an officer or employee of any agency, a Membesr of Congress, an officer or employee of Congmss, or an employm of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete aid subunit Standard Form-l.LL, °Disciosrne Form to Aepart Lobbying," in accordance with its instructions. (3) The undue shall require that the hugaaage of this cxu WWAtion be included in the award documents for all sobavuands at all tiros (including svircounact, suhgranK and comrade ender gram laan% and aaopendive agreements) and that an whmc*mft sball certify and drsclnae accordingly. This certification is a material represc►rtation of fact upon which re mwc was placed when this transaction was made or entered into. Submission ofthis certification is a preuequisitc for making or cantering into" transaction imposed by Section 135Z T"rete 3l, U S_ Cede. Arty parson who fadsto file ther+equiredcertification "be subjectto a.&A pally efnot less than S10,000 and not more than $100,000 for each such Wore IY J Ifh �M kl r/{lY..l sI�IJ I Program Twe Name orcer ying officer — lignsture Date SUBRECIPIENT warrants the following: I. SUBRECIPMNf will comply with Public Law 88-352, Title VI o£the Civil Rights Act of 1964 (42 U. S. C. section 2000 et seq.) and implementing regulation in 24 CPR part 1. 2. No person in the United States shall on the ground of race, color, religion, national origin, or sex, be excluded from participation in, or be denied the benefits og or be subjected to discrimination under any program or activity funded in whole or in part with community development Awds made available pursuant to the ACT. 3. All laborers and mechanics, employed by contractors or subcontractors in the performance of construction work financed in whole or in part with community development funds shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined in accordance with the Davis Bacon Act, as amended, 40 U. S. C. Sections 276 a I-5, except for individuals who perform services for which they volunteered; do not receive compensation for such services; or are paid expenses, reasonable benefits, or a nominal fee for such services; and are not otherwise employed at any time in construction work. 4. SUBRBCIPIENT will comply with all Federal statutes applicable to projects iixnded with community development finds, except that (a) SUBRECIPMT does not assume CITY'S environmental responsibilities described at 24 CFR 570,604, and (b) SUBRECIPIENT does not assume M Y'S responsibility for initiating the review process under Rmeutive Order 12372. 1 ExElaff 4 DRUG -FREE WORKPLACE Qrfiir. don he ar i.rnrr D free Worlrnla Rec��irrp` enis The certification set out below is a material representation upon whieb reliance is pl U.S. Department of Haced by the Housing and Urban Development in awarding the grant. lit is later determined that the contractor Imowingly rendered a false certi6oWon, or otherwise violates the requirements of the Drag Free Workplace Act, the U.S. Department of Housing and Urban Development, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug Free Workplace Act. A The contractor certifies that it will provide a drug -free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use ofa controlled substance is prohibited in the contractor's workplace and specifying the actions that will he taken against employees for violation of such prohibition; (b) Establishing a drug -free awareness program to inform employees about (1) The dangers of drug abuse in the workplace; (2) The contractor's policy of maintaining a dntg free workplace; (3) Any available drug coumseling, rehabilitation, and employee assistance program; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee who will be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph -(a) that, as a condition of employment under the contract, the employee will - (1) Abide by the terms of the statement; and (2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction. (e) Notifying the U. S. Department ofHousing and Urban Development within ten days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction; 0 ( Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted - ( 1) Taking appropriate personnel action against such an employee, up to and including termination; or (2) Requiring moh employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency, . (g) Making a good faith ef%rt to continue to maintain a drug -free workplace through implementation of paragraphs (a), (01(c), (d) (e) and (f). B. The contractor shall insert in the space provided on the attached "Place of Performance" form the site(s) for the performance of work to be carried out with the grant funds (including street address, city, county, state, and zip code) .the contractor further certifies that, if it is subsequently determined that additional sites will be used for the performance of work under the contract, it shall notify the U.S. Department of Housing and Urban Development immediately upon the decision to use such additional sites by submitting a revised "Place ofPerfarmance" form. e CMM Children's nWapMa Atts Center" Organization 03/10022 Date 7 PLACE OF PERFORMANCE FOR CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS Name:tee County Cbiltben's Thaane[ lie Arts C fter Date:_ U6/2A22 The Contractor shall insert in the spare provided below the site(s) expected to be used for the Pance of work under the contract covered by the certifieatlon: Place ofPerformame (include street address, city, ccuaty, state, zip code for each site): 0 1 , i; ' 1 i_ Y Digitally signed by T.,Pierson Tor( Pierson Date: 2022.06.2809:10:13 )TOer ACORD CERTIFICATE OF LIABILITY INSURANCE DAM(MM/DD/YYYY) 05/25/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONT: T Certificate Issuance Team NAME Comprehensive Insurance Services PHON�Eo E (949) 709-8800 � Na: (949) 709-1668 26429 Rancho ParkwaySouth E A L ADDRESS: Jeremy@ihecomprehensiveinsurance.com Suite 120 INSURER S)AFFORDING COVERAGE NAIC p Lake Forest CA 92630 INSURERA: Nonprofits Insurance Alliance of California 10023 INSURED INSURER B: State Compensation Insurance Fund 35076 Orange County Children's Therapeutic Arts Center INSURER C: 2215 N. Broadway INSURER D : NSURER E Santa Ana CA 92706 INSURER F COVERAGES CERTIFICATE NUMBFR. All ocGimnn..' 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. INSR LTR TYPE OF INSURANCE INSR WVO POLICY NUMBER (PULICYEFF MMID0� LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE N OCCUR PREMISES Ea occurrence $ 500,000 MED EXP (Ary one rson) $ 20,000 PERSONAL BADV INJURY $ 11000,000 A Y Y 202149201 12/21/2021 12/21/2022 GEN'L AGGREGATE LIMITAPPLIES PER: PRO-JECT GENERALAGGREGATE $ 3.000,000 PRODUCTS-COMP/OPAGG $ 3,000,000 POLICY ❑ [g LOG $0 DedUctlbla $ OTHER 1 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea acddent $ 1,000,000 BODILY IWURY(Perperson) $ ANYAUTO A OWNED SCHEDULED AUTOS ONLY AUTOS 2021-09201 12/21/2021 12/21/2022 BODILY INJURY Peraccident ( ) $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY X PROPERT DAMAGE Per. Went $ $0 Deductible $ UMBRELLALIAB x OCCUR EACH OCCURRENCE $ 1,000,000 A EXCESS LIAR CLAIMS -MADE 2022-09201-UMB 05/25/2022 12/21/2022 AGGREGATE $ 1,000.000 DEG RETENTION $ $ WORKERS COMPENSATION STATUTE $O Deductible AND EMPLOYERS' LIABILITY Y/N ERTH- E.L. EACH ACCIDENT $ 1,000,000 B ANY PROPRIETORPARTNER/EXECUTIVE OFFICER/MEMSER EXCLUDED'! N/A 9255171-22 06/05/2021 06/05/2023 H) ory in rsibe and er (Mandatory describe ( E.L. DISEASE -EA EMPLOYEE S 1,000,000 E.L. DISEASE -POLICY LIMIT E 11000,000 DESCRIPTION OF OPERATIONS below Social Service Professional Liability $110001000/1,000,000 Aggregate/Occun A Improper Sexual Conduct Liability 2021-09201 12/21/2021 12/21/2022 $1,000,000/1.000,000 Aggregate/Occurr $0 Deductible DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) The City of Santa Ana, its officers, officials, employees and volunteers are included as Additional Insured automatically per written contract or agreement per attached endorsement CG2010. This insurance is Primary and Non-contributory per attached endorsement NIAC E61. Waiver of Subrogation applies per attached endorsement NIAC E26. 30 day notice of cancellation with 10 day notice of cancellation for non-payment of premium per policy provision. City of Santa Ana Risk Management 20 Civic Ctr Piz PO Box 1988 Santa Ana CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CDR ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD !•`M idu ptc o.r RBkr&nzgenmr Ocni jhde COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 2021-09201 CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS — SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Any person or organization that you are required to add as an additional insured on this policy, under a written contract or agreement currently in effect, or becoming effective during the term of this policy. The additional insured status will not be afforded with respect to liability arising out of or related to your activities as a real estate manager for that person or organization. Location(s) Of Covered Operations All insured premises and operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and CG 20 10 12 19 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury' or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or © Insurance Services Office, Inc., 2012 A NENE�ttn6 Arrxwnukrt„wve,�.�cam 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or CG 20 10 12 19 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. © Insurance Services Office, Inc., 2012 Page 2 of 2 v^ Rh1�MmgenoM1IX.41w� _.. J �{ RnnEWm6/4PRa®Br - 8�+�+Lu't' %au P&v" �RBk Ma,"9e"mtOmralNtle 'I 01 NONPROFITS INSURANCE _ff ALLIANCE OF CALIFORNIA A Head forinsurance. A Heart for Nonprofits. POLICY NUMBER: 2021-09201 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT FOR PUBLIC ENTITIES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: A. SECTION II — WHO IS AN INSURED is amended to include: 4. Any public entity as an additional insured, and the officers, officials, employees, agents and/or volunteers of that public entity, as applicable, who may be named in the Schedule above, when you have agreed in a written contract or written agreement presently in effect or becoming effective during the term of this policy, that such public entity and/or its officers, officials, employees, agents and/or volunteers be added as an additional insured(s) on your policy, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury' caused, in whole or in part, by: a. Your negligent acts or omissions; or b. The negligent acts or omissions of those acting on your behalf; in the performance of your ongoing operations. No such public entity or individual is an additional insured for liability arising out of the sole negligence by that public entity or its designated individuals. The additional insured status will not be afforded with respect to liability arising out of or related to your activities as a real estate manager for that person or organization. B. SECTION III — LIMITS OF INSURANCE is amended to include: 8. The limits of insurance applicable to the public entity and applicable individuals identified as an additional insured(s) pursuant to Provision A.4. above, are those specified in the written contract between you and that public entity, or the limits available under this policy, whichever are less. These limits are part of and not in addition to the limits of insurance under this policy. C. With respect to the insurance provided to the additional insured(s), Condition 4. Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced by the following: 4. Otherinsurance a. Primary Insurance This insurance is primary if you have agreed in a written contract or written agreement: (1) That this insurance be primary. If other insurance is also primary •••.... M ..6_'.. with all that other insurance as described in c. below; or yip;,,, REHE &Aw 9Y: d %u �icuarr NIAC-E61 0219 �Rux MmvgcnvxCm al d w NONPROFITS INSURANCE -� ALLIANCE OF CALIFORNIA A Head for tnsumnce. A Heart farNonproflts. POLICY NUMBER: 2021-09201 (2) The coverage afforded by this insurance is primary and non-contributory with the additional insured(s)' awn insurance. Paragraphs (1) and (2) do not apply to other insurance to which the additional insured(s) has been added as an additional insured or to other insurance described in paragraph b. below. b. Excess Insurance This insurance is excess over: 1. Any of the other insurance, whether primary, excess, contingent or on any other basis: (a) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work' (b) That is fire, lightning, or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (c) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises temporarily occupied by you with permission of the owner; or (d) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of SECTION I - COVERAGE A- BODILY INJURY AND PROPERTY DAMAGE. (a) Any other insurance available to an additional insured(s) under this Endorsement covering liability for damages which are subject to this endorsement and for which the additional insured(s) has been added as an additional insured by that other insurance. (1) When this insurance is excess, we will have no duty under Coverages A or B to defend the additional insured(s) against any "suit" if any other insurer has a duty to defend the additional insured(s) against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured(s)' rights against all those other insurers. (2) When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self -insured amounts under all that other insurance. (3) We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. C. Methods of Sharing If all of the other insurance available to the additional insured(s) permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any other the other insurance available to the additional insured(s) does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance s Ih� & Ar 8w .. NIAC-E61 0219 'Ior Akwoa Rrckhtnvgermrt ClmcnlAitle NONPROFITS INSURANCE ALUMCE Of CAUFORMA A Hmd forinsurance. AHearf Jar NonpmflM THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SOCIAL SERVICE PROFESSIONAL LIABILITY COVERAGE FORM SCHEDULE Name of Person or Organization: Where you are so required in a written contract or agreement currently in effect or becoming effective during the term of this policy, we waive any right of recovery we may have against that person or organization, who may be named in the schedule above, because of payments we make for injury or damage. Policy Number: 2021-09201 xbkrA�.A oR+a . I�' l f�N&vmfi AfMaJm BY: . 8 Y Rukh WgramtCIMr dr NIAC-E26 11 17 NONPROFITS INSURANCE -� ALLIANCE OF CALIFORNIA A Head for Insurance. A Heartfor Nonprofits. NONPROFITS INSURANCE ALLIANCE OF CALIFORNIA (NIAC) www.insurancefomonprofits.org COMMERCIAL UMBRELLA POLICY DECLARATIONS PRODUCER: Comprehensive Insurance Services 26429 Rancho Parkway South Suite 120 Lake Forest, CA 92630 Item 1 NAME OF INSURED AND MAILING ADDRESS: Orange County Children's Therapeutic Arts Center 2215 N. Broadway Santa Ana, CA 92706 POLICY NUMBER: 2022-09201-UMB Item 2 POLICY PERIOD: FROM 5/25/2022 TO 12/21/2022 AT 12:01 A.M. STANDARD TIME AT YOUR MAILING ADDRESS SHOWN ABOVE BUSINESS DESCRIPTION: Offers specialized training in music, art, dance, drama and theraputic arts for children and Youth with special needs IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE COVERAGE AS STATED IN THIS POLICY. Item 3 THE ANNUAL AND MINIMUM PREMIUM DUE AT INCEPTION: $374 (premium includes Terrorism Coverage - Certified Acts: $29 but only for policies that indicate coverage on Schedule A - Schedule of Underlying Insurance) Item 4 LIMITS OF INSURANCE: a. Occurrence /Accident / Injury / Claim Limits (where applicable): ............................................ 1,000,000 i) Each Occurrence -Commercial General Liability and Products - Completed Operations Liability ii) Each Accident - Business Auto Liability iii) Each Injury - Liquor Liability iv) Each Claim - Employee Benefits Liability b. Each Claim - Directors and Officers Liability ........................................................................... Excluded C. Each Claim - Improper Sexual Conduct and Physical Abuse Liability ..................................... Excluded d. Each Claim - Social Service Professional Liability .................................................................. Excluded Aggregate limits: e. Commercial General Liability, Business Auto Liability, Products- Completed Operations Liability, Liquor Liability, and Employee Benefits Liability Aggregate (where applicable): ................................................ ......................................... ........... ..... 1,000,000 f. Directors and Officers Liability Aggregate................................................................................ Excluded g. Improper Sexual Conduct and Physical Abuse Liability Aggregate ........................................ Excluded h. Social Service Professional Liability Aggregate....................................................................... Excluded Item 5 RETROACTIVE DATES -SEE SCHEDULE OF UNDERLYING INSURANCE FORMS AND ENDORSEMENTS ATTACHED TO THIS POLICY AT INCEPTION (NUMBER AND EDITION DATE): CU 2130 0115, CU 2133 a 01 15, IL 09 99 12 20, NIAC-E003 UMB 08 20, NIAC-E180 UMB 0121, NIAC-E253 UMB 08 21, NIAC-E42 UMB 09 19, SCHEDULE A 0180, UMB 231 0616, UMB 232 06 16, UMe-1000521, UMB16612 88, UMB61 0513 RkklA�Dm� I REVIMEDLrPe Br. P { %au �its.ox aukWa g� tomoiaee PRODUCER: Comprehensive Insurance Services 26429 Rancho Parkway South Suite 120 Lake Forest, CA 92630 NONPROFITS INSURANCE -M ALLIANCE OF CALIFORNIA A Head for Insurance. A Heartfor Nonprofits. NONPROFITS INSURANCE ALLIANCE OF CALIFORNIA (NIAC) www.insurancefornonprofits.org COMMERCIAL UMBRELLA POLICY DECLARATIONS POLICY NUMBER: 2022-09201-UMB COUNTERSIGNED: 5/26/2022 BY fLYriv�Q . (AUTHORIZED REPRESENTATIVE) THESE DECLARATIONS, THE ATTACHED SCHEDULE OF UNDERLYING INSURANCE, TOGETHER WITH THE ATTACHED SCHEDU"'"'�""" AND ENDORSEMENTS WE MAY LATER ATTACH TO REFLECT CHANGES, MAKEUP AND COMPLETE THE ABO\�� AND ANY FORMS Notice: This risk pooling contract is issued by a pooling arrangement authorized by California Corl State Californ REvie &Are Br. rylA�'�r 5005.1. The pooling arrangement is not subject to all of the insurance laws of the of regulation by the Insurance Commissioner. Insurance guaranty funds are not available to pay clad 'a km wznammuuar becomes insolvent. NIAC - UMB / 2-99 NONPROFITS INSURANCE �111111 ALLIANCE OF CALIFORNIA A Head for Insurance. A Heartfor Nonprofits. NONPROFITS INSURANCE ALLIANCE OF CALIFORNIA (NIAC) www.insurancefornonprofits.org SCHEDULE A -SCHEDULE OF UNDERLYING INSURANCE POLICY NUMBER: 2022-09201-UMB CONTROL NUMBER: 09201 NAME OF INSURED: Orange County Children's Therapeutic Arts Center TYPE OF POLICY APPLICABLE LIMITS INSURER APPLICABLE PERIOD POLICY # (A) Automobile Bodily Injury and Property Damage NIAC 05/25/2022 to 12/21/2022 Liability Combined Single Limit ........................................ $1,0oo,000 2021-09201 Business Auto Uninsured/Underinsured Motorist ....................... N/A (Does not include:Terrorism Coverage - Certified Acts) (B) Commercial Each Occurrence Limit .................................. $1,000,000 NIAC 05/25/2022 to 12/21/2022 General General Aggregate Limit ................................ $2,000,000 2021-09201 Liability Products/Completed Operations Aggregate Limi $2,000,000 Personal & Advertising Injury Limit .................... $1,000,000 Damage to Premises Rented to You .................... N/A (anyone premises) (Includes Terrorism Coverage - Certified Acts) (C) Social Each Occurrence Limit ................................... N/A Service Aggregate Limit ................................. N/A Professional Liability (D) Standard Coverage B - Employers Liability Workers Compensation &. Employers Bodily Injury by Accident ..................................... N/A Each Accident Liability Bodily Injury by Disease ..................................... N/A Each Employee Bodily Injury by Disease ..................................... N/A Policy Limit (E) Improper Each Occurrence Limit ...................................... N/A Sexual General Aggregate Limit N/A Conductand Physical Abuse (F) Directors' Each Wrongful Act Limit ................................. N/A And Aggregate Limit ....... ........... .............................. N/A Officers' (G) Liquor Each Common Cause Limit ............................ $1,000,000 NIAC 05/25/2022 to 12/21/2022 Liability Aggregate Limit $1,000,000 2021-09201 ................................................ (Includes Terrorism Coverage - Certified Acts) (H) Employee Each Employee ................................................ N/A Benefits Aggregate Limit .................... N/A ............................ Liability xekLlugew,1068Iar " f�t�eED6 AmNaJ®av: 8; e r '4 :• �f ?f /OH r[GY}On aukMarw9�+�a�«ImralNtic ,MNONPROFITS INSURANCE NONPROFITS INSURANCE ALLIANCE _OF CALIFORNIA (NIAC) ALLIANCE OF CALIFORNIA www.insurancefornonprofits.org A Head for Insurance. A Heartfor Nonprofits. INDEX OF FORMS ATTACHED TO THE POLICY POLICY NUMBER: 2022-09201-UMB-NPO NAME OF INSURED: Orange County Children's Therapeutic Arts Center Page 1 UMBRELLA FORMS AND ENDORSEMENTS FORM NUMBER/EDITION DATE Cap on Losses for Certified Acts - Terrorism Coverage CU 2130 01 15 Exclusion of Certified Acts of Terrorism - Automobile Liability Underlying Insurance Only CU 21 33 a 01 15 Disclosure Of Premium For Certified Acts of Terrorism IL 09 99 12 20 Member Criteria NIAC-EO03 UMB 08 2 Communicable Disease - Exclusion NIAC-E180 UMB 01 2 Workers' Compensation - Exclusion NIAC-E253 UMB 08 2 Nuclear, Chemical and Biological Hazard Exclusion NIAC-E42 UMB 09 19 Schedule A - Schedule of Underlying Insurance SCHEDULE A 0180 Privacy Liability and Cyber Coverage Exclusion UMB 231 06 16 Medical Payments Exclusion UMB 232 06 16 Commercial Umbrella Policy UMB-100 05 21 Unimpaired Aggregate Limits Endorsement (Non-Concurrency) UMB166 12 88 Employers' Liability Exclusion UMB61 05 13 w,t IDMdM Red & APP Br. �2ukhLina9crmtt UmculAide This list of forms is not part of the actual policy, but is for your information only. Please refer to the policy(s) for actual limits, coverages and exclusions. COMMERCIAL LIABILITY UMBRELLA CU 21 30 01 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following: COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. If aggregate insured losses attributable to terrorist acts certified under the federal Terrorism Risk Insurance Act exceed $100 billion in a calendar year and we have met our insurer deductible under the Terrorism Risk Insurance Act, we shall not be liable for the payment of any portion of the amount of such losses that exceeds $100 billion, and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. "Certified act of terrorism" means an act that is certified by the Secretary of the Treasury, in accordance with the provisions of the federal Terrorism Risk Insurance Act, to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a "certified act of terrorism" include the following: 1. The act resulted in insured losses in excess of $5 million in the aggregate, attributable to all types of insurance subject to the Terrorism Risk Insurance Act; and 2. The act is a violent act or an act that is dangerous to human life, property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. B. The terms and limitations of any terrorism exclusion, or the inapplicability or omission of a terrorism exclusion, do not serve to create coverage for injury or damage that is otherwise excluded under this Coverage Part. CU 21 30 01 15 © Insurance Services Office, Inc., 2015 NeiAtoge"mt Wwm I�VIflGm4 NpRwm Br: %u �resaars RekM nagcm it OmclAi J ,.Uo . v. i NONPROFITS INSURANCE ALLIANCE OF CALIFORNIA A Head for Insurance. A Heartfor Nonprofits. COMMERCIAL UMBRELLA POLICY THIS POLICY PROVIDES COVERAGE ON A CLAIMS -MADE BASIS IF THE UNDERLYING INSURANCE PROVIDES CLAIMS -MADE COVERAGE. IF COVERAGE WITHIN THIS POLICY IS PROVIDED ON A CLAIMS - MADE BASIS, IT APPLIES ONLY TO CLAIMS MADE AGAINST AN INSURED AND REPORTED TO US DURING THIS POLICY'S PERIOD OR ANY EXTENDED REPORTING PERIOD THAT MAY APPLY. IF COVERAGE WITHIN THIS POLICY IS PROVIDED ON A CLAIMS -MADE BASIS, THIS COVERAGE APPLIES ONLY TO DAMAGES ARISING FROM AN ACT, ERROR OR OMISSION COMMITTED ON OR AFTER THE RETROACTIVE DATE SHOWN IN THE DECLARATIONS OF THE UNDERLYING CLAIMS -MADE POLICY(S) BUT PRIOR TO THE END OF THIS POLICY'S PERIOD, NOT INCLUDING AN EXTENDED REPORTING PERIOD. PLEASE READ THIS POLICY CAREFULLY TO DETERMINE YOUR RIGHTS AND OBLIGATIONS. Throughoutthis policy, the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we," "us" and "our" refer to the Company issuing this policy. Other words and phrases that appear in quotation marks have special meanings found in Section 6 - DEFINITIONS SECTION 1. INSURING AGREEMENT A. Excess Liability Insurance (Following Form) We will pay on behalf of an insured those sums in excess of the amount payable under the terms of any "Underlying Insurance" as stated in the "Schedule of Underlying Insurance" that an insured becomes legally obligated to pay as damages to which this insurance applies. This Excess Liability Insurance is excess insurance and follows the "Underlying Insurance" except as otherwise stated in this policy. This Excess Liability Insurance is subject to the same terms, conditions, warranties, agreements, exclusions, endorsements and definitions contained in the "Underlying Insurance" except as otherwise provided in this policy; provided, however, in no event will this insurance apply unless the "Underlying Insurance" applies or would apply but for the exhaustion of the applicable Limit of Liability in the "Underlying Insurance." B. Extended Reporting 1. Extended Reporting Periods If the "Underlying Insurance" provides coverage on a claims -made basis and this policy provides coverage on a claims -made basis, then we will provide an Automatic Extended Reporting Period as described in subparagraph 2 below and, if you purchase it, an Optional Extended Reporting Period as described in subparagraph 3 below, IF, a. this insurance is cancelled or not renewed for any reason other than non-payment of premium; or b. we renew or replace this insurance with other insurance that: i. has a Retroactive Date later than the Retroactive Date shown in the Declarations of this policy; or ii. does NOT apply to damage on a claims -made basis. If the "Underlying Insurance" does not provide an Extended Reporting Period then we will not offer and will not provide an Extended Reporting Period. 2. Automatic Extended Reporting Period If the "Underlying Insurance" provides coverage on a claims -made basis then an Autom; w� m.. Period, equal in length to the Automatic Extended Reporting Period provided in the aeneneoelVrewmar Insurance," is automatically provided, except when this insurance is cancelled or not re 8j,aiii �' 76u pro. P UMB-700 05 21 Nonprofits Insurance Alliancem and NONPROFITS OWN® are brands R1kM11d1egenen`am�,iax of Alliance Member Services TM' (AMS). 0 AMS. All rights reserved. payment of premium. The Automatic Extended Reporting Period does NOT apply to a claim that is covered under any subsequent insurance you purchase, or that would be covered, but for exhaustion of the amount of insurance otherwise applicable to such claim. 3. Optional Extended Reporting Period a. If the "Underlying Insurance" provides coverage on a claims -made basis then an Optional Extended Reporting Period is available only by an endorsement and for an additional charge. The Optional Extended Reporting Period starts at the end of this policy, either by cancellation or expiration, and will be equal in length to the Optional Extended Reporting Period you purchase as to the applicable "Underlying Insurance." A "claim" first made during this Optional Extended Reporting Period will be deemed to have been made during the policy period of this policy, and will be subject to the Limits of Liability set forth in SECTION 2 - LIMITS OF LIABILITY. b. The Named Insured listed in the Declarations to this policy must give us a written request for the Optional Extended Reporting Period, togetherwith paymentof the appropriate premium, within 30 days after the cancellation or non -renewal of this policy. This additional premium shall be fully earned at the inception of the Optional Extended Reporting Period. c. We will determine the additional premium for the Optional Extended Reporting Period in accordance with our rates. d. The Optional Extended Reporting Period is excess over any other insurance available under a policy or policies in force after the Optional Extended Reporting Period starts. 4. How Optional Extended Reporting Period Applies a. The Optional Extended Reporting Period applies only to damages arising from acts, errors or omissions committed before the end of this policy period, but not before the Retroactive Date shown in the Declarations, and not including an Extended Reporting Period. The Optional Extended Reporting Period does NOT: i. extend this policy's period or change the scope of coverage provided; ii. reinstate or increase the Limits of Liability applicable to any "claim" or "suit" to which this insurance applies. 5. Notification of us of a Claim or Suit Notification of a "claim" or "suit" must be in accordance with Duties In The Event Of A Claim Or Suit as stated in Provision F.2. of SECTION 5 - CONDITIONS of this policy. Any insured's failure to comply with the Duties In The Event Of A Claim Or Suit as stated in SECTION 5 - CONDITIONS of this policy will void the Optional Extended Reporting Period coverage under this policy, and we will promptly refund any additional premium you paid for the Optional Extended Reporting Period . SECTION 2. LIMITS OF LIABILITY A. The Limits of Liability shown in the Declarations and the rules below fix the most we will pay regardless of the number of: 1. persons and organizations who are insureds under this policy; 2. coverages provided under this policy; 3. "claims" made and/or "suits" brought against any or all insureds; or 4. persons or organizations making a "claim" or bringing a "suit". B. The General Aggregate as stated in Item 4.e. of the Declarations to this policy is the most we will pay for all damages to which this policy applies for Commercial General Liability, Business Auto Liability, Products - Completed Operations Liability, Liquor Liability and Employee Benefits Liability. C. The Directors and Officers Liability Aggregate as stated in Item 4.f. of the Declarations ""kN. we will pay for all damages to which this policy applies for Directors and Officers Liabili ?6�e f %u >f%ieWoa UMB-100 05 21 Nonprofits Insurance AllianceT and NONPROFITS OWN® are brands of R..k,n,,,,gn„R,[Clmolwne Alliance Member Services^^ (AMS). © AMS. All rights reserved. 00 D. The Improper Sexual Conduct and Physical Abuse Aggregate as stated in Item 4.g. of the Declarations to this policy is the most we will pay for all damages to which this policy applies for Improper Sexual Conduct and Physical Abuse Liability. E. The Social Service Professional Liability Aggregate as stated in Item 4.h. of the Declarations to this policy is the most we will pay for all damages to which this policy applies for Social Service Professional Liability. F. If the Limit of Liability of the "Scheduled Underlying Policy" as stated in the "Schedule of Underlying Insurance" has been exhausted by payments made on behalf of any insured by the "Underlying Insurer," this policy shall apply in the same manner as the applicable "Underlying Insurance," subject to all the terms and conditions of such "Underlying Insurance" and the terms and conditions of this policy. If the Limit of Liability of the "Underlying Insurance" as stated in the "Schedule of Underlying Insurance" has been reduced by payments made on behalf of any insured by the "Underlying Insurer," this policy will drop down to become immediately excess of the reduced limit of the "Underlying Insurance." G. The Limits of Insurance of the "Scheduled Underlying Policy" will be reduced or exhausted only by payments made on behalf of an insured for injury or damage to which this insurance would apply, but for the amount of such injury or damage. H. The Limits of Insurance of this policy apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations to this policy, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limit of Insurance. Any Extended Reporting Period will not increase the applicable Limit of Insurance. SECTION 3. DEFENSE PROVISIONS A. We will have the same defense obligations under this policy as are in the applicable "Underlying Insurance" when the applicable Limits of Liability of the "Underlying Insurance," plus the applicable limits of any other applicable insurance, have been exhausted by payments made on behalf of an insured. 1. If the "Underlying Insurance" includes payments of "defense expenses" as part of its Limits of Liability, then when excess of such "Underlying Insurance," our payment of any "defense expenses" is within the applicable Limits of Liability of this policy and each payment we make for such "defense expenses" reduces the available Limits of Liability by the amount of the payment. 2. If the "Underlying Insurance" does not include payments of "defense expenses' as part of its Limits of Liability, but instead indicates that the payment of "defense expenses" will not reduce the Limits of Liability, then when excess of such "Underlying Insurance," our payment of "defense expenses" will not reduce the available Limits of Liability. 3. The "defense expenses" extended by this policy will be subject to the same provisions as the "defense expenses" extended by the "Underlying Insurance." B. We will not defend any "suit' or "claim" after we have exhausted the applicable Limit of Liability as stated in the Declarations. If we are prevented by law from carrying out this paragraph, we will NOT pay any "defense expenses" incurred without our written consent. C. In all circumstances for which paragraph A above is not applicable, we will NOT be obligated to assume charges or pay expenses for the investigation, settlement or defense of any "claim" made, or "suit" brought, or proceedings instituted against any insured. We will, however, have the right in our sole discretion to participate in the defense and trial of any "claim", "claims", "suits' or proceedings which may involve the coverage extended by this policy. If we avail ourselves of this right, we will do so at our expense. ew Sr. 81/ `■■^';\1. I�+nEvtED 6�nAPPRJJ® �reW\ Il li/� %ati r[CWat RukfMrwgenvn Clm,alAitle UMB-100 05 21 Nonprofits Insurance AllianceTM and NONPROFITS OWN® are brands of Alliance Member ServicesTM (AMS). © AMS. All rights reserved. SECTION 4. EXCLUSIONS OR SUBLIMITS A. Each and every exclusion within the "Underlying Insurance" is incorporated by reference to this policy, with the same force and effect as though expressly set forth within this policy. As an example only, if the "Underlying Insurance" includes an exclusion for improper sexual misconduct and physical abuse, that exclusion in its entirety is incorporated within this policy as though fully set forth herein. B. Notwithstanding Provision A within Section 1, the coverage identified in the Declarations to this policy is the only coverage extended by this policy. If an "Underlying Insurance" includes exclusions with exceptions and specified sub -limits, this policy will not provide coverage in excess of the specified sub -limit, unless a separate sub -limit is identified specifically within the Declarations to this policy. If an "Underlying Insurance" includes Additional Coverages with specified limits, this policy will not provide coverage in excess of the specified Additional Coverage, unless a limit for that Additional Coverage is specifically identified within the Declarations to this policy. If an "Underlying Insurance" includes an extension of a specified coverage with a limit specific to that coverage, this policy will not provide coverage excess to that specified coverage unless a separate limit is specifically identified within the Declarations to this policy. SECTION S. CONDITIONS A. Appeals We can appeal a judgment against any insured under this policy if: 1. the judgment is for more than the remaining Limits of Liability under the "Underlying Insurance"; and 2. the insured or the "Underlying Insurer' do not appeal it. If we appeal the judgment, we will pay the costs of that appeal and any interest on those costs. Those payments will be in addition to the Limits of Liability of this policy, unless the "Underlying Insurance" includes payment of expenses incurred in an appeal as part of its Limit of Liability, in which case the costs of the appeal and any interest on those costs will decrease the applicable Limit of Liability. B. Audit of Books and Records We may audit your books and records at any time during the term of this insurance or within three years after its expiration or termination. C. Financial Impairment Bankruptcy, insolvency, rehabilitation, receivership, liquidation, or other financial impairment of any insured or any insurer providing "Underlying Insurance" as stated in the "Schedule of Underlying Insurance," shall neither relieve nor increase any of our obligations under this policy. In the event there is a diminished recovery or no recovery available to any insured as a result of such financial impairment of any insurer providing "Underlying Insurance," the coverage under this policy shall apply only in excess of the Limits of Liability stated in the "Schedule of Underlying Insurance." Under no circumstances will we be required to drop down and replace the underlying Limits of Liability or assume any other obligations of a financially impaired insurer or an insured. D. Cancellation You may cancel this policy at any time by sending us a written request or by returning the policy stating the date of cancellation. 1. We may cancel this policy at any time by sending to you a notice of cancellation 30 days (10 days in the event of non-payment of premium) in advance of the cancellation date. Our notice of cancellation will be mailed to your last known address shown in the Declarations to this policy and will indicate the date on which coverage is terminated. 2. If cancellation is at your request, return premium will be computed at 90% of pro rr premium will be computed pro rata. If this policy insures more than one Named In "• "d`"'�'e°"o°0° be affected by the first Named Insured in the Declarations to this policy for the i a�siwrao Hr. %iC Paw." UMB-100 05 21 Nonprofits Insurance Alliancem and NONPROFITS OWN® are brands of Alliance Member Services'"" (AMS). O AMS. All dghts reserved. 01 Insureds. Notice of cancellation by us to such first Named Insured will be deemed notice to all insureds and payment of any return premium to such first Named Insured will be for the account of all insureds. 3. In the event that provisions of this condition conflict with any state law or regulation governing the cancellation/nonrenewal of this policy, then such law or regulation shall prevail and this policy is amended to conform with such law or regulation. E. Changes Notice to any agent or knowledge possessed by any agent or by any other person will not affect a waiver or a change in any part of this policy. This policy can only be changed by a written endorsement that becomes part of this policy. The endorsement must be signed by one of our authorized representatives. F. Duties in the Event of a Claim or Suit 1. You must see to it that we are notified as soon as practicable of an accident, occurrence, offense or event that may result in a "claim" or "suit." To the extent possible and subject to the requirements of Section 1 above, notice should include: a. how, when and where the activities which form the basis of any potential "claim" or "suit" took place; b. the names and addresses of any injured persons and witnesses; and c. the nature and location of any injury or damage arising out of the activities which form the basis for any potential "claim" or "suit." 2. If a "claim" is made or "suit" is brought against any insured, you must: a. immediately record the specifics of the "claim" or "suit" and the date received; b. notify us as soon as practicable and immediately provide to us written notice of the "claim" or "suit;" and c. if the "Underlying Insurance" is on a claims -made form, you must provide written notice to us in conformance with the applicable claims -made temporal conditions included within the "Underlying Insurance." 3. You and any other involved insured must: a. immediately send us copies of any demands, notices, summonses or legal papers received in connection with the "claim" or "suit"; b. authorize us to obtain records and other information; c. cooperate with us in the investigation, settlement or defense of the "claim" or "suit"; and d. assist us, upon our request, in the enforcement of any right against any person or organization, which may be liable to the insured because of injury or damage to which this insurance may also apply. 4. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. G. Maintenance of Scheduled Underlying Insurance While this policy is in effect you agree to maintain the "Underlying Insurance" listed in the "Schedule of Underlying Insurance" in full force. This means that: 1. the "Scheduled Underlying Policy" or "Scheduled Underlying Policies" may not be cancelled or not renewed by either you or the "Underlying Insurer" without notifying us; 2. renewals or replacements will not be more restrictive in coverage than the "Underlying Insurance" listed in the "Schedule of Underlying Insurance"; 3. the terms, conditions and endorsements of the "Underlying Scheduled Insurance" will not materially change; ebkMv*g*.rao%61M - RenE�vEDfi MMtO+ID aM. I RuklM,ugernartOmolAide UMB-100 05 21 Nonprofits Insurance Alliance- and NONPROFITS OWN® are brands of Alliance Member ServicesTM (AMS). 0 AMS. All rights reserved. 4. the risk of uncollectibility (in whole or in part) of the "Underlying Scheduled Insurance" limit as listed in the "Schedule of Underlying Insurance," or replacements thereof, whether because of financial impairment or insolvency of an "Underlying Insurer" or for any other reason, is expressly retained by you and is not in any way or under any circumstances insured or assumed by us; and 5. limits of "Underlying Insurance" will not change except for any reduction in the aggregate limit or Limits of Insurance by payment of claims hereunder. Your failure and/or the failure of the "Underlying Insurer" to comply with this condition will not invalidate this policy, but in the event of such failure, we will only be liable to the same extent as if there had been compliance with this condition. H. Otherinsurance If other insurance applies to a "claim" or "suit" covered by this policy, the insurance under this policy is excess of such other insurance and we will not make any payments until the other insurance has been used up. This condition shall not apply if the other insurance is specifically written to be excess over this policy. Except to the extent stated in this policy, this insurance is not subject to the terms, conditions, or limitations of any other insurance except for "Underlying Insurance." Transfer of Rights of Recovery Against Others to us If any insured has rights to recover all or part of any payment we have made under this policy, those rights are transferred to us. Each insured must do nothing to impair these rights or the transfer thereof to us. Each insured must cooperate with us and, at our request, assist us in the pursuit and enforcement of those rights. If there is any money recovered, we will disburse that money, as follows: 1. first, we will be repaid to the extent of our actual payment; and 2. second, if any money remains, the insured or any "Underlying Insurer" will be repaid to the extent of their actual payment. If any expenses are incurred to recover money, we will share the expenses with the insured or any "Underlying Insurer" in proportion to the amount that each is repaid. If our recovery attempt is not successful, we will bear all of the recovery expenses. J. Premium The premium for this policy as stated in the Declarations is a flat premium and is subject to a minimum and deposit premium, if applicable. The premium is not subject to adjustment unless: 1. a rate is shown in the Declarations; or 2. an endorsement or endorsements are attached to this policy changing the Limit of Liability, adding or changing the "Underlying Insurance', changing the policy period, or because of an Extended Reporting Period. If a flat premium is charged, and a minimum premium is shown in the Declarations, then that minimum premium is fully earned as of the inception of this policy. K. Representations By accepting this policy, you agree that: 1. the statements in the Application for this policy and Declarations to this policy are accurate and complete; 2. those statements are based upon representations you made to us; and 3. we have issued this policy in reliance upon your representations in the Application for this policy and its Declarations. R-vhnsMVRrn,mBr. .:�-` 7as1 ptcsaor UMB-100 05 21 Nonprofits Insurance AllianceT" and NONPROFITS OWN® are brands of RukM1Ur,aprnn,taanralAide Alliance Member Services- (AMS). O AMS. All rights reserved. L. M N. Titles of Paragraphs The titles of the varied Sections, Paragraphs, and Subparagraphs of this policy and endorsements attached to this policy, if any, are inserted solely for convenience or reference and are not to be deemed in any way to limit or affect the provisions to which they relate. Transfer of Rights and Duties Your rights and duties under this insurance may not be transferred without our written consent, except in the event of the death of an individual insured and then only to that individual's representative. When Loss is Payable This policy will not apply until an insured, or an insured's "Underlying Insurer," is obligated to pay the amount of the "Underlying Insurance" for damages which are also covered by this policy. When the amount of loss has finally been determined, we will promptly pay on behalf of the insured the amount of the damages which comes within the terms of this policy. SECTION 6. DEFINITIONS Except for the terms appearing in quotes within this policy, the terms within this policy have the same meaning as set forth in the applicable "Underlying Insurance." With respect to the terms appearing in quotes within this policy, the definitions below will apply. A. "Claim" or "Claims" means any demand, including a "suit," against an insured for damages to which this policy applies are alleged. B. "Defense expenses" means the fees, costs and/or expenses which an "Underlying Insurer has an obligation to pay in the defense of a "claim," "claims" or "suit" pursuant to the terms and conditions of the "Underlying Insurance." C. "Schedule of Underlying Insurance' means the Schedule of Underlying Insurance included within the Declarations to this policy. D. "Scheduled Underlying Policy" or "Scheduled Underlying Policies" means the identified policy or policies within the "Schedule of Underlying Insurance." E. "Suit" means a civil proceeding in which damages to which this policy applies are alleged, including, without limitation: 1. An arbitration proceeding in which such damages are claimed and to which you must submit or do submit with our consent; or 2. Any other alternative dispute resolution proceeding in which such damages are claimed and to which you submit with our consent. F. "Underlying Insurance" means the policy or policies within the "Schedule of Underlying Insurance" applicable or potentially applicable to the "claim" or "suit." G. "Underlying Insurer" or °Underlying Insurers" means the entity or entities that issued the "Underlying Insurance." UMB-100 05 21 Nonprofits Insurance AllianceTM and NONPROFITS OWN® are brands of Alliance Member ServicesTM (AMS). CAMS. All rights reserved. xe,ttor� ` _ :�, hD Br:B' `ri�.lf_r� x.,mc amUiaa� NONPROFITS INSURANCE ALLIANCE OF CALIFORNIA A Head for Insurance. A Heartfor Nonprofits. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMUNICABLE DISEASE - EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL UMBRELLA POLICY Notwithstanding any coverage extended within the Schedule of Underlying Insurance, the Commercial Umbrella Policy to which this endorsement is attached does not apply to, and we shall have no duty to defend any, "claim", "suit", "damages" or "injury" which arises out of: 1. The actual or alleged transmission of a "communicable disease"; and/or 2. An act, error or omission by or on behalf of any "insured" or "Member" in: a. The supervision, hiring, employment, training or monitoring of any person who transmits, is infected with, and/or alleged to be infected with a "communicable disease"; and/or b. Testing for a "communicable disease"; and/or c. The actual or alleged failure to prevent the spread of a "communicable disease'; and/or d. The actual or alleged failure to report a "communicable disease" to the authorities, including but not limited to the reporting or failure to report any person who is infected with or is alleged to be infected with a "communicable disease", and/or any place where there is or is alleged to be a presence or spread of a "communicable disease". "Communicable disease" as used in this endorsement shall mean any contagious disease, illness or syndrome which is or has been transmitted to a person or place by bacteria, virus, fungi, protozoa, a toxic agent or any combination of these. All other terms and conditions of the Commercial Umbrella Liability Policy to which this endorsement is attached remain unchanged NIAC-El80 UMB 0121 Includes copyrighted material of Insurance Services Office, Inc. with its Permission. '�{ eENE14ID6APPRWD)BY: POLICY NUMBER: IL 09 99 12 20 THIS ENDORSEMENT IS ATTACHED TO AND MADE PART OF YOUR POLICY IN RESPONSE TO THE DISCLOSURE REQUIREMENTS OF THE TERRORISM RISK INSURANCE ACT. THIS ENDORSEMENT DOES NOT GRANT ANY COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY. DISCLOSURE OF PREMIUM AND ESTIMATED PREMIUM FOR CERTIFIED ACTS OF TERRORISM COVERAGE (PURSUANT TO TERRORISM RISK INSURANCE ACT) SCHEDULE SCHEDULE — PART 1 Terrorism Premium (Certified Acts) (A) Premium through end of year (12/31/ ) $ (B) Estimated Premium beyond the date specified above $ (Refer to Paragraph D. in this endorsement.) This premium is the total Certified Acts premium attributable to the following Coverage Part(s), Coverage Form(s) and/or Policy(ies): All Coverage parts other than: Social Service Professional Liability Coverage Form Business Auto Coverage Additional information, if any, concerning the terrorism premium: SCHEDULE — PART II Federal share of terrorism losses 80 % Refer to Paragraph B. in this endorsement. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. IL 09 99 12 20 C Insurance Services Office, Inc., 2020 w,�ow� 11 I�NEWE96 /1ffliP/ED @!: ftkMmag .Clm.IAide r.U. I VI L A. Disclosure Of Premium In accordance with the federal Terrorism Risk Insurance Act, we are required to provide you with a notice disclosing the portion of your premium, if any, attributable to coverage for terrorist acts certified under that Act. The portion of your premium attributable to such coverage is shown in the Schedule of this endorsement or in the policy Declarations. B. Disclosure Of Federal Participation In Payment Of Terrorism Losses The United States Government, Department of the Treasury, will pay a share of terrorism losses insured under the federal program. The federal share equals a percentage (as shown in Part II of the Schedule of this endorsement or in the policy Declarations) of that portion of the amount of such insured losses that exceeds the applicable insurer retention. However, if aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed $100 billion in a calendar year, the Treasury shall not make any payment for any portion of the amount of such losses that exceeds $100 billion. C. Cap On Insurer Participation In Payment Of Terrorism Losses If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed $100 billion in a calendar year and we have met our insurer deductible under the Terrorism Risk Insurance Act, we shall not be liable for the payment of any portion of the amount of such losses that exceeds $100 billion, and in such case insured losses up to that amount are subject to pro rate allocation in accordance with procedures established by the Secretary of the Treasury. D. Possibility Of Additional Or Return Premium The premium for certified acts of terrorism coverage is calculated based in part on the federal participation in payment of terrorism losses as set forth in the Terrorism Risk Insurance Act. The federal program established by the Act is scheduled to terminate at the end of the year specified in Part I of the Schedule of this endorsement, unless extended by the federal government. If the federal program terminates or if the level or terms of federal participation change, the estimated premium shown in (B) in Part I of the Schedule may not be appropriate. If this policy contains a Conditional Exclusion, continuation of coverage for certified acts of terrorism, or termination of such coverage, will be determined upon disposition of the federal program, subject to the terms and conditions of the Conditional Exclusion. If this policy does not contain a Conditional Exclusion, coverage for certified acts of terrorism will continue. In either case, when disposition of the federal program is determined, we will recalculate the premium shown in (B) in Part I of the Schedule and will charge additional premium or refund excess premium, if indicated. If we notify you of an additional premium charge, the additional premium will be due as specified in such notice. 8,�:1 �)t wir�o.�onai.,, RE+nEWm4AwRwm BY: %S[ >t%lCWOx rsea rnrrwye,�„ amuiade Page 2 of 2 © Insurance Services Office, Inc., 2020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYERS' LIABILITY EXCLUSION This insurance does not apply to any liability for bodily injury, sickness, disease, disability or shock, including death at any time resulting therefrom, and, if arising out of the foregoing, mental anguish or mental injury sustained by: An employee of the insured arising out of and in the course of employment by the insured; or 2. The spouse, child, parent, brother or sister of that employee as a consequence of (1) above. This exclusion applies: 1. Whether the insured may be liable as an employer or in any other capacity; and 2. To any obligation to share damages with or repay someone else who must pay damages because of the injury. RFnEv,ID6�1N1ppavIDBr. ttuXMar�a9errm�Qmeal Aitle UMB 6105 13 NONPROFITS INSURANCE ALLIANCE OF CALIFORNIA A Head for Insurance. A Heart far Nonprofits. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MEDICAL PAYMENTS EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL UMBRELLA POLICY This insurance does not apply to COVERAGE C MEDICAL PAYMENTS provided in any underlying Commercial General Liability Coverage Form or to any medical expenses for which COVERAGE C MEDICAL PAYMENTS are paid or payable. UMB 232 06 16 b, wtnegewwonam. %u;V&s-oe NONPROFITS INSURANCE ALLIANCE OF CALIFORNIA A Head for Insurance. A Heartfor Nonprofits. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MEMBER CRITERIA This endorsement modifies insurance provided under the following: COMMERCIAL UMBRELLA POLICY A named insured of the Nonprofits Insurance Alliance of California (NIAC) must meet at least the following criteria: 1. is organized chiefly to provide or fund health or human services, but does not include a hospital; 2. is incorporated in California or qualified to do business in California and is an organization described in section 501(c)(3) of the Internal Revenue Code and exempt from tax under section 501(a), or any corresponding sections of any future federal tax code. Any member which receives a final determination that it no longer qualifies as an organization described in section 501(c)(3) of the Internal Revenue Code, or corresponding section of any future tax code, shall immediately notify the corporation of such determination and the effective date of such determination. NIAC-EO03 08 20 w�touwa, �`4 RENEWm6 MPXav81BY: %ass �rt+,tae ew�m�„enamai�tia� 10 NONPROFITS INSURANCE 1 W ALLIANCE OF CALL FORNIA A Head far Insurance. A Heart for Nonprofits. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR, CHEMICAL AND BIOLOGICAL HAZARD EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL UMBRELLA POLICY This insurance does not apply to any liability, loss, cost or expense of whatsoever nature directly or indirectly caused by, contributed to by, resulting from, arising out of or in connection with the use or release, or threat thereof, of any nuclear weapon or device or chemical or biological agent, regardless of any other cause or event contributing concurrently or in any other sequence to the loss. RbkMmgp,�nNvhlm "; �•�_ RE�1EwIDbArrRw®Br: "�-����� %au �rcxdan NIAC-E42 UMB 09 19 NONPROFITS INSURANCE ALLIANCE OF CALIFORNIA A Head for Insurance. A Heartfar Nonprofits. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIVACY LIABILITY AND CYBER COVERAGE EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL UMBRELLA POLICY A. This insurance does not apply to any of the following: 1. "Identity theft". 2. "Loss of electronic data." 3. The disclosure, loss or use of "protected health information". For purposes of the liability coverages excluded by this endorsement, the following Definitions apply: "Electronic data" means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. "Identity theft" means fraudulent appropriation and use of a person's identification or personal information, including both "electronic data" as well as information contained in printed or written format. "Loss of electronic data" means: 1. Damage to, loss of, loss of use of, corruption of, inability to access or inability to manipulate "electronic data;" and 2. "Identity theft." "Protected health information" means any information, whether oral or recorded in any form or medium: (i) That relates to the past, present or future physical or mental condition of an individual; the provision of health care to an individual; or the past, present or future payment for the provision of health care to an individual; (ii) That identifies the individual or with respect to which there is a reasonable basis to believe the information can be used to identify that individual; and (iii) as defined within the Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. §1320d- 1320d-8 ("HIPAA") or other similar federal, state or local laws or statutes. UMB 231 06 16 w.kM-9--Lonuai RenennID6MPx ft Ruk Ma,wge�m"OmmlAitle B. This insurance also does not apply to any of the following first party coverages in the PRIVACY LIABILITY AND CYBER COVERAGE ENDORSEMENT: 1. Security Event Costs and Expenses 2. Cyber Extortion 3. Crisis Management and Reward Expenses UMB 231 06 16 xeitMog�aw.� F 17EVIeFID6 MPROYID Sr. %au �itx.+ort �Ruk Mtrugemen ClmulPiJe �' COMMERCIAL LIABILITY UMBRELLA CU2133A0115 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following: COMMERCIAL LIABILITY UMBRELLA COVERAGE PART — Commercial Auto Liability Underlying Insurance Only A. The following exclusion is added: This insurance does not apply to: TERRORISM "Any injury or damage" arising, directly or indirectly, out of a "certified act of terrorism". B. The following definitions are added: 1. For the purposes of this endorsement, "any injury or damage" means any injury or damage covered under any Coverage Part or underlying insurance to which this endorsement is applicable, and includes but is not limited to 'bodily injury", "property damage", "personal and advertising injury", "injury" or "environmental damage" as may be defined in any applicable Coverage Part or underlying insurance. 2. "Certified act of terrorism" means an act that is certified by the Secretary of the Treasury, in accordance with the provisions of the federal Terrorism Risk Insurance Act, to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a "certified act of terrorism" include the following: a. The act resulted in insured losses in excess of $5 million in the aggregate, attributable to all types of insurance subject to the Terrorism Risk Insurance Act; and b. The act is a violent act or an act that is dangerous to human life, property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. C. The terms and limitations of any terrorism exclusion, or the inapplicability or omission of a terrorism exclusion, do not serve to create coverage for injury or damage that is otherwise excluded under this Coverage Part. Palk Atn.ge�nart Dii+ie" RENEU�FD6 MfRO'rD Bv: ;! JI�� %ait �tbWort RukfrLrra9e"mtCloicrlNJe 10 CU 21 33 A 01 15 © Insurance Services Office, Inc., 2015 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UNIMPAIRED AGGREGATE LIMITS ENDORSEMENT (NON-CONCURRENCY) It is agreed that the underlying aggregate limits, where applicable, as shown in the Schedule of Underlying Insurance, shall be unimpaired at the effective date of this policy and for the purpose of the insurance provided by this policy, only occurrences taking place during the term of this policy shall be considered in determining the extent of any exhaustion of the underlying aggregate limits. UhM166/12-88 xu4/M.genatotw R6 Mrrtw®tBr. . � RiskMarugam+t dmulNtle NONPROFITS INSURANCE ALLIANCE OF CALI FORN IA A Head far Insurance. A Heart for Nonprofits. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WORKERS' COMPENSATION - EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL UMBRELLA POLICY Notwithstanding any coverage extended within an "Underlying Insurance", the insurance extended within the Commercial Umbrella policy to which this endorsement is attached does not apply to, and we shall have no duty to defend, any "claim", "claims", "suit", or damages which arises out of: (1) Workers' Compensation benefits extended by statute which are subject to a Workers' Compensation policy (including but not limited to a Workers' Compensation and Employer's Liability Policy) issued to you; or (2) Any benefits that you are required to pay or provide under the Workers' Compensation law pursuant to which this policy shall be construed. All other terms and conditions of the Commercial Umbrella Policy to which this endorsement is attached remain unchanged. NIAC-P253 UMB 08 21 Nonprofits Insurance Alliance- and NONPROFITS OWN® are brands of Alliance Member Services- (AMS). 0 AMS. All rights reserved. 'Am.NZ BMW Ruk Mawgenm[amralNtle NOTICE OF COMPLIANCE CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL Contractor Orange County Children's Therapeutic Arts Center Name: Project A-2022-069-13 Number: Agreement Between The City Of Santa Ana And Orange County Project Children's Therapeutic Arts Center For Use Of American Rescue Plan Name: Act (ARPA) Funds The Certificate of Insurance (COI) submitted indicates that the coverages are in compliance with the insurance requirements. No further action is required at this time. The compliant coverage(s) are: POLICY EXPIRATION TYPE OF INSURANCE COI DATE FILE NAME NUMBER DATE OC Children's Therapeutic Arts AUTOMOBILE LIABILITY 202209201 12/21/2023 11/21/2022 Center COI 2022- 2023.pdf OC Children's Therapeutic Arts GENERAL LIABILITY 202209201 12/21/2023 11/21/2022 Center COI 2022- 2023.pdf OC Children's Therapeutic Arts IMPROPER SEXUAL CONDUCT LIABILITY 202209201 12/21/2023 11/21/2022 Center COI 2022- 2023.pdf WORKERS COMPENSATION AND OCCTAC 925517122 06/05/2023 11/21/2022 EMPLOYERS' LIABILITY 12212023.pdf Thank you, City of Santa Ana Risk Management Division in partnership with CTrax Plus Services Team 12/19/2022 12:11 PM NOTICE OF COMPLIANCE CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL Contractor Orange County Children's Therapeutic Arts Center Name: Project A-2022-069-13 Number: Agreement Between The City Of Santa Ana And Orange Project County Children's Therapeutic Arts Center For Use Of Name: American Rescue Plan Act (ARPA) Funds The Certificate of Insurance (COI) submitted indicates that the coverages are in compliance with the insurance requirements. No further action is required at this time. The compliant coverage(s) are: POLICY EXPIRATION TYPE OF INSURANCE COI DATE FILE NAME NUMBER DATE OC Children's Therapeutic Arts AUTOMOBILE LIABILITY 202209201 12/21/2023 11/21/2022 Center COI 2022-2023.pdf OC Children's Therapeutic Arts GENERAL LIABILITY 202209201 12/21/2023 11/21/2022 Center COI 2022-2023.pdf OC Children's Therapeutic Arts IMPROPER SEXUAL CONDUCT LIABILITY 202209201 12/21/2023 11/21/2022 Center COI 2022-2023.pdf WORKERS COMPENSATION AND 925517123 06/05/2024 05/18/2023 OCTTAC WC 06052024.pdf EMPLOYERS' LIABILITY Thank you, City of Santa Ana Risk Management Division in partnership with CTrax Plus Services Team 5/31/2023 2:01 PM