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HomeMy WebLinkAboutSHOWTIME DANCE ACADEMY, INC.INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES I .S. ZZ9,7_ CLERK OF COUNCIL DATE N-2022-190 RECgEATION SERVICES AGREEMENT WITH SHOWTIME DANCE ACADEMY AA-L �. c5,Lk) t THIS AGREEMENT is made and entered into on this 12 day of May, 2022 by and between Showtime Dance Academy, Inc., a California Corporation ("Provider"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the o Constitution and laws of the State of California ("City"). City and Provider may be rn collectively referred to as the "Parties" or individually as a "Party." RECITALS A. The City desires to retain a recreation service provider having special skills, resources and knowledge to provide various dance classes in its recreation class program. B. Provider represents that it is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Provider represents that it is knowledgeable in their field and that any services performed by Provider under this Agreement will be performed in compliance with such standards as may reasonably be expected. D. The Parties acknowledge that the City intends to provide recreational activities to the public but must balance the need to comply with all COVID-19 guidance and restrictions. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the Parties agree as follows: 1. SCOPE OF SERVICES A. Provider shall perform those services as set forth in Exhibit A to this Agreement. B. All classes operated pursuant to this Agreement for conducting recreation classes at City facilities, including parks, will comply with all applicable guidance and public health orders, including those from the Centers for Disease Control ("CDC"), California Department of Public Health ("CDPH"), the Orange County Health Care Agency ("OCHCA") and the City itself for as long as those orders and guidance remain in place. Provider will remind participants of these guidelines. To the extent that Provider needs assistance with enforcing any rules or requirements, Provider will contact a City Parks' employee or City security for assistance. C. Provider shall not attend a class or teach any class if Provider is sick or has any symptom(s) associated with COVID-19 including but not limited to, fever above 100.4, chills, cough, shortness of breath, loss of taste or smell, nausea, muscle or body aches, vomiting, headache, sore throat or diarrhea. D. Provider will not attend class or teach a class if Provider or any member of Provider's household has been asked to quarantine or self -isolate due to symptoms of COVID-19 or a positive test result for COVID-19. E. Provider acknowledges that, to the extent that City is able to and chooses to conduct classes indoors, this Agreement will also cover classes conducted at one of City's recreational centers during the term of this Agreement. F. City reserves the right to change the location(s) at which the services contemplated by this Agreement are provided. G. Provider shall comply with the City's recreation class policy manual and any other City rules and regulations regarding the operation of recreation classes. 2. COMPENSATION a. In consideration for the provision of the programs set forth in Exhibit A, City agrees to pay, and Provider agrees to accept as total payment for their services for the City, eighty percent (80%) of all gross revenue received from program participants. Total revenue to Provider shall not exceed Twenty -Five Thousand Dollars and Zero Cents ($25,000). a. Payment to Provider shall be made monthly within thirty (30) days following completion of the last class taught by Provider the prior month. City shall be responsible for collecting all fees from program participants. Provider shall not collect fees but will refer all interested participants to City for registration information. Provider agrees that City shall retain twenty percent (20%) of all gross revenue received from program participants as an administrative fee. 3. TERM This Agreement shall commence on June 1, 2022 and end on May 31, 2023 unless terminated earlier in accordance with Section 14 below. The term of this Agreement may be extended by a writing executed by the City Manager and the City Attorney. 4. INDEPENDENT CONTRACTOR Provider shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the manner in which Provider performs the services which are the subject matter of this Agreement; however, the services to be provided by Provider shall be provided in a manner consistent with all applicable standards and regulations governing such services. Provider shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. Provider is not an agent, representative or employee of City and Provider shall have no authority to act on behalf of the City. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Provider shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Minimum Scope and Limit of Insurance: 1. Commercial General Liability Insurance. Provider shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Provider's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. 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 $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City;" and (c) contain standard separation of insured's provisions. 2. Worker's Compensation Insurance. In accordance with California State law, Provider, if Provider has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Provider agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. 3. Sexual Abuse or Molestation (SAM) Liability. If the CGL policy referenced above is not endorsed to include affirmative coverage for sexual abuse or molestation, Provider shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit no less than $100,000 per occurrence or claim or an individual instructor and with a limit no less than $1,000,000 per occurrence or claim for an organization. 4. Broader Coverage. If the Provider 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 Provider. 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 1. 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 Provider 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 Provider'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 2037 if a later edition is used). 2. Primary Coverage: For any claims related to this contract, the Provider'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, employees, or volunteers shall be excess of the Provider's insurance and shall not contribute with it. 3. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. 4. Waiver of Subrogation: Provider hereby grants to City a waiver of any right to subrogation that any insurer of said Provider may acquire against the City by virtue of the payment of any loss under such insurance. Provider 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 Provider 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 A: VII, unless otherwise acceptable to the City. 7. Verification of Coverage: Provider shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting El coverage requiredby 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 Provider's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 8. Subcontractors: Provider shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Provider shall ensure that City is an additional insured on insurance required from subcontractors. 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. 6. INDEMNIFICATION Provider agrees to and shall indemnify, defend and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Provider or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement, to the extent that the injury, damages, just compensation, restitution, judicial or equitable relief is caused by the negligence of the Provider. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. In no case will Provider be required to indemnify or hold harmless the City from injury, damages, just compensation, restitution, judicial or equitable relief caused by the negligence of the City. 7. CONFIDENTIALITY If Provider receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Provider agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information, including but not limited to student records. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Provider disclosed in a publicly available source; (c) is in rightful possession of the Provider without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Provider without reference to information disclosed by the City. S. COVID-19 ASSUMPTION OF RISK AND WAIVER Provider acknowledges that Provider could be exposed to persons that may have COVID- 19 providing services pursuant to this Agreement. Provider understands that interacting with any person currently comes with the inherent risk of exposure to COVID-19 and that COVID-19 is highly contagious. Provider assumes the risks associated with providing services pursuant to this Agreement, namely potential exposure to COVID-19. Provider acknowledges that while some people have no symptoms or mild symptoms from COVID-19, some people have become seriously ill requiring hospitalization and that some people have died from COVID-19. Provider acknowledges that persons over the age of 65 and persons with underlying health conditions are at greater risk of contracting COVID-19 and are potentially risking serious injury or death. Provider is agreeing to provide classes pursuant to this Agreement and does so of Provider's own free will. Provider intends to be legally bound by this assumption of risk, release and waiver and to bind Provider's heirs, personal representatives, next of kin and anyone who may make a claim on Provider's behalf. Provider knowingly releases and waives any and all claims that Provider may have or could have in the future and includes any claims resulting from potential exposure or actual exposure to COVID-19, this includes claims for personal injury, transmittal of COVID-19 to others, and/or wrongful death. Provider agrees to hold harmless, defend and indemnify the City, its public officials, officers, employees, volunteers, and agents from any and all claims for liability or damages, including those for exposure to or diagnosis with COVID-19 as a result of providing services pursuant to this Agreement. 9. CONFLICT OF INTEREST Provider covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. BACKGROUND CHECK Provider shall ensure that all employees, subcontractors, and any volunteers are fingerprinted and background checked prior to conducting any work pursuant to this Agreement. Provider shall not assign any employee, agent, subcontractor, volunteer or the Provider personally to provide services pursuant to this Agreement, if that employee, agent, subcontractor, volunteer, or the Provider personally are required to register as a sex offender under California Penal Code 0 Section 290 et seq, have a conviction for any crime of moral turpitude, have a conviction for a sexual based crime, have a conviction for a violent felony as defined in Califomia Penal Code Section 667.5(c), or has a conviction for a serious felony as defined in California Penal Code Section 1192.7(c). Disqualifying convictions include but are not limited to, violations of California Penal Code Sections 37, 128, 136.1 with Section 186.22, 187, 190-190.4 and 192(a), 205, 206, 207-209.5, 211, 212, 212.5, 213, 214, 215, 218-219, 220, 236.1(b) or 236.1(c), 243.4, 261, 261.5, 273.5, 262, 264.1, 266, 266c, 266h, 266i, 266j, 267, 269, 272, 273a, 273ab, 273d, 285, 286, 288, 288a, 288.2, 288.3, 288.4, 288.5, 288.7, 289, 290, 311.1, 311.2, 311.3, 311.4, 311.10, 311.11, 314, 347(a), 368, 417(b), 451(a),518 with 186.22, 647.6, 653f(c), 664 and 187, 667.5(c), 18745, 18750, or 18755, 12022.53, 11418(b)(1) or (b)(2); Business and Professions Code Section 729. 11. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City. Clerk of the Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax (714) 647-6956 With copy to: Executive Director of Parks, Recreation and Community Services City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, California 92702 Fax (714) 571-4211 To Provider: Showtime Dance Academy, Inc. Attn: Sarah Johnston 410 W 4th Street Santa Ana, CA 92701 Email: infona,showtimedance.academv A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 12. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Provider regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Provider. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Provider or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 13. ASSIGNMENT/SUBSTITUTES a. Assignment. The experience, knowledge, capability and reputation of Provider were a substantial inducement for City to enter into this Agreement. Therefore, Provider may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. b. Substitutes. In the event Provider is not able to teach a class due to illness or some other cause beyond Provider's reasonable control, Provider must procure, at its sole expense, a qualified substitute instructor to teach the class at its regular time and place. Provider shall ensure that substitute instructors are at least twenty-one (21) years of age and comply with the City's insurance and live scan requirements contained herein. Evidence of compliance with City's insurance and live scan requirements shall be provided upon request. Provider must immediately notify the City of the substitute instructor's name, qualifications, address and phone number. If Provider cannot procure a qualified substitute and the City is unable to assist in this regard, then the class shall be canceled and a make-up class must be added to the session. Provider must notify participants as soon as possible of any class cancellation and make-up class. Provider must personally teach at least seventy-five percent (75%) of its offered classes. 14. TERMINATION a. This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Provider shall be entitled to receive, and City shall pay Provider, compensation for all services rendered prior to the effective date of termination. b. Termination or cancellation of classes by the Provider outside of Section 1 Lb. must be given to the City at least thirty (30) days prior to termination/cancellation. Failure to provide adequate cancellation notice to the City may put future contracting of business with the City at risk and will result in the City's retention of ten (10%) percent of the final payment to Provider. 15. RECORDS Provider shall use attendance sheets generated and supplied by the City to record attendance in each class. Provider shall keep these and any other records in connection with the work to be performed under this Agreement and shall permit City, upon request, to review such records for a period of three (3) years from the date of final payment to Provider under this Agreement. 16. NON-DISCRIMINATION Provider shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Provider affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 17. JURISDICTION —VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. LICENSES Provider shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. 19. SEVERABILITY In the event that one or more of the phrases, sentences, clauses, paragraphs or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs or sections of this Agreement, which shall be interpreted to carry out the intent of the parties hereunder. 20. EXHIBITS All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 21. AUTHORITY The person(s) executing this Agreement on behalf of the parties hereto warrant that they are duty authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement, the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: APPROVED AS TO FORM: SOMA R. CARVALHO City Attorney By: B on Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL: ?')A� '� Lisa Rudloff Executive Director of Parks, Recreation and Community Services Agency 10 CITY OF SANTA ANA Kristine Ridge City Manager PROVIDER: EXHIBIT A Exhibit A A. Provider shall conduct Dance Classes for ages 1'/z - 18 years old. B. Provider shall teach such or similar classes (1) at the times below at facilities to be designated by the City or (2) on a schedule agreed upon by the parties for each class session or term, including the location, specific days and hours when classes will be held, and holidays to be observed, in accordance with City's needs. Dance with me! Parent/Tot Creative Dance, class introduces the basics of all of our dance classes including beginning steps and terminology, along with social skills like listening, sharing, and taking turns - all while having fun and bonding with a parent or guardian. INSTRUCTOR: Showtime Academy LOCATION: Showtime Dance Academy, 410 W 4' St. Santa Ana, (714) 647-6558 • Dance with me! Parent/Tot Creative Dance class will consist of 9 weeks, 30 minutes, per day. Ages 1 Yz-3 years old. (Saturday's) • Dance with me! Parent/Tot Creative Dance class will consist of 9 weeks, 30 minutes, per day. Ages 1'/z-3 years old. (Tuesday's) Ballet & Tap Combo class the best of both! Children get to enjoy the grace and beauty of Ballet along with the exciting rhythms of Tap Dance. All children's classes include our creative Dance curriculum that surpasses CA State Educational Standards. Educational, Family, Friendly and Fun! • Ballet & Tap Combo class the best of both! Class will consist of 9 weeks, 45 minutes, per day. Ages 3-5 years old. (Wednesday's) • Ballet & Tap Combo class the best of both! Class will consist of 9 weeks, 45 minutes, per day. Ages 3-5 years old. (Tuesday's) • Ballet & Tap Combo class the best of both! Class will consist of 9 weeks, 45 minutes, per day. Ages 3-5 years old. (Saturday's) Snow Queen Dance Camp - Are you ready to join us in a "Frozen" winter wonderland? The Queen has frozen the land and we cannot wait to tiptoe through the drifts of snow, twirl across the frozen lake, and slide down the icy hills together. Dance to your favorite songs, and skip, twist, and leap through a winter adventure! Class will be divided by age depending on enrollment. • Snow Queen Dance camp will consist of 1 week, 3 hours, per day. Ages 3-7 years old. (M-F) 9a-12p • Snow Queen Dance camp will consist of 1 week, 3 hours, per day. Ages 3-7 years old. (M-F) 1p-4p Magic with the Mouse Dance Camp — Your dancer's face will light up as they race into the room to see whom they are spending the day "with!" each day • Snow Queen Dance camp will consist of 1 week, 3 hours, per day. Ages 3-7 years old. (M-F) 9a-12p • Snow Queen Dance camp will consist of 1 week, 3 hours, per day. Ages 3-7 years old. (M-F) 1p-4p Provider shall provide all materials, supplies, equipment, records and personnel. Provider shall be responsible for clean-up of the facilities and materials and shall ensure the safety and effectiveness of instruction. CLASS SIZE A. Each class must have a minimum of 5 paid students and no more than 12 students. B. No registration accepted after the second meeting of class. C. If the minimum registration has not reached by the second class, the class will be canceled. Provider will be under no obligation to provide services for the canceled classes, and the City will have no further obligations to pay Provider compensation for the remaining classes that were canceled in that session. CLASSFEES A. Each participant shall pay class registration fees as established by City. B. Provider may not waive class participation/registration fees. C. Only registered participants may participate in class. D. Any refunds to participants will be made in accordance with City policy. E. Any materials fee shall be established by mutual agreement of City and Provider and shall be payable directly to Provider. COVID-19 REQUIREMENTS A. Instructor and participants shall wear a mask at all times to participate. B. Temperature will be taken at the beginning of the class for instructor and participants. C. Social Distancing should be adhered to at all times. E. State of California COVID-19 regulations shall apply. 2 Instructor Agreement_Showtime Dance Academ y_F I NAL_5.12.22 Final Audit Report 2022-05-19 Created: 2022-05-19 By: Emerson Frankston (EFrankslon@santa-ana.org) Status: Signed Transaction ID: CBJCHBCAABAAjVLXR5aNpl LhzsRdm3b-MggZvNMvo5PW "Instructor Agreement_Showtime Dance Academy_FINAL_5.12. 22" History Document created by Emerson Frankston (EFrankston@santa-ana.org) 2022-05-19 - 10:46:06 PM GMT c4 Document emailed to Lisa Rudloff (Irudloff@santa-ana.org) for signature 2022-05-19 - 10:46:27 PM GMT 0 Email viewed by Lisa Rudloff (Irudloff@santa-ana.org) 2022-05-19 - 11:15:34 PM GMT 6© Document e-signed by Lisa Rudloff (Irudloff@santa-ana.org) Signature Date: 2022-05-19-11:15:44 PM GMT - Time Source: server 0 Agreement completed. 2022-05-19 - 11:15:44 PM GMT 0 Adobe Acrobat Sign n y�ry Digita CERTIFICATE OFLIABI�i�i PE"CE A__:_ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPC J 1.1 C 'FIf4Ijj I,�O E(R. TkjIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EX NO OR ALTER THE CO E';AG I �fl 7p BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE Axe,eve /! UING II:^IJRER(5), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. VV vy 7.32� _ r r IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDrfIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement On this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Kim Unland StateFarm State Farm Insurance AICNNa Eat: 714-633-3020 ac No, : 714-633-2572 iMAIL Greg Davis, Agent, ChFC, CLU, RICP, LTCP, CASL E, kim@gregdavis.biz ° 1500 E Katella Ave, Suite 6 INSURERS AFFORDING COVERAGE NAIC # Orange CA 92867 INSURER A: State Farm General Insurance Company 25151 INSURED INSURER a : State Farm Mutual Automobile Insurance Comnanv 2517R Sarah Johnston DBA Showtime Dance Inc 796 N Hart St Orange CA 92867 INSURER F: COVFRAGFS CFRTIFICATF Ml IMRFP- oFVrclnm All lmm=o• THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 15 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, R'lZiR LTR TYPE OF INSURANCE ADD INSO SUB WVO POLICY NUMBER IMMmO1YYYYI IMMMDIYYYYILIMITS A COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ❑X OCCUR Y Y I 92-CR-P647-1 1 07/23/2021 07/23/2022 EACH OCCURRENCE $ 1,000,000 EREMIETORENT I E Ea occur $ 300,000 GEN'L MED EXP(Anyone person) $ 5,000 PERSONAL a ADV INJURY $ 1,000,000 AGGREGATE LIMIT APPLES PER: PRO- POLICY JECT OTHER: GENERAL AGGREGATE $ 2,000,000 NLOC X PRODUCTS - COMPIOP AGO $ 2,000,000 1 $ B AUTOMOBILE X X XHIRED LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY X AUTOS NON -OWNED AUTOS ONLY AUTOS ONLY Y 92-CR-P647-1 07/23/2021 07/23/2022 COMBINED Ma dam N $ BODILY INJURY (Per person) $ 1,000,000 BODILY INJURY (Per accident $ 1,000,000 (Par accident) S 1,000,000 UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DEO RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECVTIVE YIN OFFICERIMEMBER EXCLUDED? ❑Y (Mandatory In NHl It yes, describe under DESCRIPTION OF OPERATIONS below NIA 92-CR-P647-1 07/23/2021 07/23/2022 PER OTH- S E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYE $ 1,000,000 E.L. DISEASE -POLICY LIMIT $ 1,000,000 p' Sexual Abuse or Molestation (SAM) Liability Y 92-CR-P647-1 07I23/2021 07/23/2022 Per Occurance or Cla'un $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, A#dKlonal Remarks Schedule, may be attached If mom space Is required) Description: Dance Instruction Additional Location: 410 W 4th St, Suite A, Santa Ana, CA 92701 Lessor: 5howUnne Dance, Inc owner: 5lmple Venture, LLC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Santa Ana Risk Management Division AUTHORIZED 20 Civic Center Plaza Santa Ana CA 92702 ACORD 25 (2016103) The ACORD name and logo Jr` PV /®��' KMK manigaRea Ul11ki0A REVIEWED& APPROVEDBY: © -2015 ACORD Asfat&&W4n marks of ACORD Rhk Management Sproalist Policy No. 92 CRP 647 1 CMP-4786.1 Page 1 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CMP-4786.1 ADDITIONAL INSURED — OWNERS, LESSEES, OR CONTRACTORS (Scheduled) This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Policy Number: 92 CRP647 1 Named Insured: Johnston, Sarah DBA Showtime Dance Company Name And Address Of Additional Insured Person Or Organization: The City of Santa Ana, its officers, officials, employees, and volunteers are to be covered as additional insured with respect to liability arising out of work or operations performed by or on behalf of insured including materials, parts or equipment furnished in connection with such work or operation. SECTION II — WHO IS AN INSURED of SECTION II — LIABILITY is amended to in- clude, as an additional insured, any person or organization shown in the Schedule, but only with respect to liability for "bodily injury', "property damage', or "personal and advertis- ing injury" caused, in whole or in part, by: a. Ongoing Operations (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf; in the performance of your ongoing opera- tions for that additional insured; or b. Products — Completed Operations "Your work" performed for that additional insured and included in the "products - completed operations hazard". However, Paragraph 1. above is subject to the following: a. The insurance afforded to the additional insured only applies to the extent permit- ted by law; b. If coverage provided to the additional in- sured is required by a contract or agree- ment, the insurance provided to the additional insured will not be broader than that which you are required by the contract or agreement to provide for such addition- al insured; and C. If the contract or agreement between you and the additional insured is governed by California Civil Code Section 2782 or 2782.05, the insurance provided to the additional insured is the lesser of that which: (1) Is allowed for the satisfaction of a de- fense or indemnity obligation by Cali- fornia Civil Code Section 2782 or 2782.05 for your sole liability; or (2) You are required by contract or agreement to provide for such addi- tional insured. We have no duty to defend or indemnify the additional insured under this endorsement un- til a claim or "suit" is tendered to us. Q, Copyright, State Farm Mutual Automobile Insurance Company, 2013 Includes copyrighted material of Insurance Services Office, Inc., with its permission. CONTINUED Is Riskhlowgen entDiWelan alga„pn••`% REVIEWED&APPR➢VEDBY. ' A+g�e Aawuto ®Rbk Mznagement SpedAnt 2. Any insurance provided to the additional in- sured shall only apply with respect to a claim made or a "suit' brought for damages for which you are provided coverage. 3. With respect to the insurance afforded to the additional insured, the following is added to SECTION II — LIMITS OF INSURANCE: If coverage provided to the additional insured is required by contract or agreement, the most we will pay on behalf of the additional insured will be the lesser of the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits Of Insurance shown in the Declarations. This endorsement shall not increase the ap- plicable Limits Of Insurance shown in the Declarations. 4. With respect to the insurance afforded to the additional insured, the following is added to Paragraph 3. Duties In The Event Of Occur- rence, Offense, Claim Or Suit of SECTION II — GENERAL CONDITIONS: The additional insured must: a. See to it that we are notified as soon as practicable of an "occurrence" or an of- fense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occur- rence' or offense took place; (2) The names and addresses of any in- jured persons and witnesses; and CMP-4786.1 CMP-4786.1 Page 2 of 2 (3) The nature and location of any injury or damage arising out of the `occur- rence' or offense; b. Tender the defense and indemnity of any claim or "suit' to us and to all other insur- ers who may have insurance potentially available to the additional insured; and c. Agree to make available any other insur- ance the additional insured has for de- fense or damages for which we would provide coverage under SECTION II — LIABILITY. 5. With respect to the insurance afforded the ad- ditional insured, the following replaces SEC- TION II —LIABILITY of Paragraph 7. Other Insurance of SECTION I AND SECTION II — COMMON POLICY CONDITIONS: a. This insurance is primary to and will not seek contribution from any other insurance available to the additional insured, provided that the additional insured is a named in- sured under such other insurance. b. Regardless of any agreement between you and the additional insured, this insur- ance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional in- sured has been added as an additional in- sured on other policies. There will be no refund of premium in the event this endorsement is cancelled. All other policy provisions apply. O, Copyright, State Farm Mutual Automobile Insurance Company, 2013 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 1007033 148011 08-21-2014 RIeleMmugemmLDivinfwt :. RwEweD&APPRw®Br. _® A, gu AaV44 Risk Management Speaalisr TF Policy No. 92 CRP647 1 75-1404 CMP-4787 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY CMP-4787 WAIVER OF TRANSFER OF RIGHTS OR RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Policy Number: 92 CRP647 1 Named Insured: JOHNSTON, SARAH DBA SHOWTIME DANCE COMPANY 410 W 4TH ST STE A SANTA ANA CA 92701-4567 Name And Address Of Person Or Organization: THE CITY OF SANTA ANA, ITS OFFICERS, EMPLOYEES, AND VOLUNTEERS ARE TO BE COVERED AS ADDITIONAL INSURED WITH RESPECT TO LIABILITY ARISING OUT OF WORK OR OPERATIONS PERFORMED BY OR ON BEHALF OF INSURED INCLUDING MATERIALS, PARTS OR EQUIPMENT FURNISHED IN CONNECTION WITH SUCH WORK 20 CIVIC CENTER PLZ SANTA ANA CA 92701-4058 The following is added to Paragraph 10.b. of SECTION I AND SECTION II — COMMON POLICY CONDITIONS: We waive any right of recovery we may have against the person or organization shown in the Schedule because of payments we make for injury or damage arising out of: a. Your ongoing operations; or b. "Your work" done under contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule. All other policy provisions apply. CMP-4787 1006225 137715.1 11-19-2013 ©, Copyright, State Farm Mutual Automobile Insurance Company, 2008 Includes copyrighted material of Insurance Services Office, Inc., with its permission. J''" � ,0:'--'.- g R7akMwgemmtDlvieirnt RwEwED&APPRo mBr. ® Risk Management Spedalist TF Policy NO. 92 CRP647 1 75-1404 CMP-4793 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY CMP-4793 ADDITIONAL INSURED — STATE OR POLITICAL SUBDIVISIONS (Permits Relating To Premises) This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Policy Number: 92 CRP647 1 Named Insured: JOHNSTON, SARAH DBA SHOWTIME DANCE COMPANY 410 W 4TH ST STE A SANTA ANA CA 92701-4567 Name And Address Of Additional Insured Or Political Subdivision: THE CITY OF SANTA ANA, ITS OFFICERS, EMPLOYEES, AND VOLUNTEERS ARE TO BE COVERED AS ADDITIONAL INSURED WITH RESPECT TO LIABILITY ARISING OUT OF WORK OR OPERATIONS PERFORMED BY OR ON BEHALF OF INSURED INCLUDING MATERIALS, PARTS OR EQUIPMENT FURNISHED IN CONNECTION WITH SUCH WORK 20 CIVIC CENTER PLZ SANTA ANA CA 92701-4058 1. SECTION II — WHO IS AN INSURED of SECTION II — LIABILITY is amended to include, as an additional insured, any state or political subdivision shown in the Schedule, but only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with premises you own, rent or control and to which this insurance applies. a. The existence, maintenance, repair, construction, erection or removal of advertising signs, awn- ings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away open- ings, sidewalk vaults, street banners or decorations and similar exposures; or b. The construction, erection or removal of elevators; or c. The ownership, maintenance or use of any elevators covered by this insurance. 2. Any insurance provided to the additional insured shall only apply with respect to a claim made or a "suit" brought for damages for which you are provided coverage. 3. Primary Insurance. The insurance afforded the additional insured shall be primary insurance. Any insurance carried by the additional insured shall be noncontributory with respect to coverage pro- vided by you. All other policy provisions apply. CMP-4793 1006226 137721.1 11-19-2013 B, Copyright, State Farm Mutual Automobile Insurance Company, 2008 Includes copyrighted material of Insurance Services Office, Inc., with its permission. REVEWED&APPR0VMBr ®•. - Risk Management Spedelist A ., _ : _ Diaitallv sianed by ACORL7® CERTIFICATE OF LIABILITY INSUNANCE Angie Acevedo DATE(MM/DDlYYYY) �./ Date: 2022.08.02 07/28/2022 p� THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONF L%P'OW:M6f3ECt7)4)0�ATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE rOVERAGE 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 5`- te" 0 State Farm Insurance Greg Davis, Agfent, ChFC, CLU, RICP, LTCP, CASL 1500 E Katella Ave, Suite 6 CONTACT Kim Unland NA E: A/c No Ext : 714 633 3020 arc No : 714-633-2572 E-MAIL Kim@gregdavis.biz INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : State Farm General Insurance Company 25151 Orange CA 92867 )NSURED INSURER B: State Farm Mutual Automobile Insurance Company 25178 INSURER C : Sarah Johnston INSURERD: DBA Showtime Dance Inc INSURER E : 796 N Hart St INSURER F : Orange CA 92867 CnVFRAGFS CFRTIFICATF NI IMRFR• RFVISION NIIMRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADD INSD S B WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ 300,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 A Y Y 92-CR-P647-1 07/23/2022 07/23/2023 AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 GEN'L XPRO POLICY JECT LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: I AUTOMOBILE LIABILITY 92-CR-P647-1 07/23/2022 07/23/2023 COMIN Ea accidentSINGLE LIMIT $ BODILY INJURY (Per person) $ 1,000,000 X ANY AUTO B X OWNED SCHEDULED AUTOS ONLY /� AUTOS Y BODILY INJURY (Per accident) $ 1,000,000 PROPER I Y DAMAGE Per accident $ 1,000,000 X HIRED NON -OWNED AUTOS ONLY AUTOS ONLY UMBRELLA LAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N OFFICER/MEMBER EXCLUDED? LY] N /A 92-CR-P647-1 07/23/2022 07/23/2023 X I PTAT�T_ ORH $ E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 Per Occurance or Claim 1000000 A Sexual Abuse or Molestation (SAM) Liability Y 92-CR-P647-1 07/23/2022 07/23/2023 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Description: Dance Instruction Additional Location: 410 W 4th St, Suite A, Santa Ana, CA 92701 Lessor' Showtime Dance Inc Owner: Simple Venture, LLC CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Santa Ana Risk Management Division AUTHORIZED 20 Civic Center Plaza Santa Ana CA 92702 it ACORD 25 (2016103) The ACORD name and logo a registe CA71VE I RiekManagma&DMsian REVIEWED be APPROVED BY: r2015 ACORD of ACORD Risk Management Specialist TF Policy No. 92 CRP647 1 75-1404 CMP-4793 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY CMP-4793 ADDITIONAL INSURED — STATE OR POLITICAL SUBDIVISIONS (Permits Relating To Premises) This endorsement modifies insurance provided under the following: QUSINESSOWNERS COVERAGE FORM SCHEDULE Policy Number: 92 CRP647 1 Named Insured: JOHNSTON, SARAH DBA SHOWTIME DANCE COMPANY 410 W 4TH ST STE A SANTA ANA CA 92701-4567 Name And Address Of Additional Insured Or Political Subdivision: THE CITY OF SANTA ANA, ITS OFFICERS, EMPLOYEES, AND VOLUNTEERS ARE TO BE COVERED AS ADDITIONAL INSURED WITH RESPECT TO LIABILITY ARISING OUT OF WORK OR OPERATIONS PERFORMED BY OR ON BEHALF OF INSURED INCLUDING MATERIALS, PARTS OR EQUIPMENT FURNISHED IN CONNECTION WITH SUCH WORK 20 CIVIC CENTER PLZ SANTA ANA CA 92701-4058 1. SECTION II — WHO IS AN INSURED of SECTION II — LIABILITY is amended to include, as an additional insured, any state or political subdivision shown in the Schedule, but only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with premises you own, rent or control and to which this insurance applies. a. The existence, maintenance, repair, construction, erection or removal of advertising signs, awn- ings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away open- ings, sidewalk vaults, street banners or decorations and similar exposures; or b. The construction, erection or removal of elevators; or c. The ownership, maintenance or use of any elevators covered by this insurance. 2. Any insurance provided to the additional insured shall only apply with respect to a claim made or a "suit" brought for damages for which you are provided coverage. 3. Primary Insurance. The insurance afforded the additional insured shall be primary insurance. Any insurance carried by the additional insured shall be noncontributory with respect to coverage pro- vided by you. All other Policy Provisions apply. CMP-4793 1006226 137721.1 11-19-2013 ©, Copyright, State Farm Mutual Automobile Insurance Company, 2008 Includes copyrighted material of Insurance Services Office, Inc., with its permission. RA Management Division a� REVIEWED & APPROVm BY. o +< a —U-"Risk Management Specialist TF PolicyNo. 92 CRP647 1 75-1104 CMP of 1 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY CMP-4787 WAIVER OF TRANSFER OF •.RECOVERY OTHERS TO US •• : •• - • • •-• •- • • s BUSINESSOWNERS COVERAGE/" Policy Number: 92 CRP647 1 Named Insured: JOHNSTON, SARAH DBA SHOWTIME DANCE COMPANY 410 W 4TH ST STE A SANTA ANA CA 92701-4567 THE CITY OF SANTA ANA, ITS OFFICERS, EMPLOYEES, AND VOLUNTEERS ARE TO BE COVERED AS ADDITIONAL INSURED WITH RESPECT TO LIABILITY ARISING OUT OF WORK OR OPERATIONS PERFORMED BY OR ON BEHALF OF INSURED INCLUDING MATERIALS, PARTS OR EQUIPMENT FURNISHED IN CONNECTION WITH SUCH WORK 20 CIVIC CENTER PLZ SANTA ANA CA 92701-4058 The following is added to Paragraph 1 .b. of SECTION I AND SECTION II — COMMON POLICY CONDITIONS: We waive any right of recovery we may have against the person or organization shown in the Schedule because of payments we make for injury or damage arising out of: a. Your ongoing operations; or b. "Your work" done under contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule. All other policy provisions apply. CMP-4787 1006225 137715.1 11-19-2013 ©, Copyright, State Farm Mutual Automobile Insurance Company, 2008 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Risk Movgrment Division a� REVIEWED & APPROVm BY. o +< a —U-"Risk Management Specialist