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HomeMy WebLinkAboutASSISTANCE LEAGUE OF SANTA ANAN-2022-333 D: iNSURANCE NOT ON FILE 01ORK MAY a PROCEED CLERK OF COUNCIL Return FULLLY EXECUTED Copy to COTC, M-30 I - C 11 11 •� 1 :1 DI =1 111411C111 4FAITIAB • 1 ZK4q IN 1 C . \ I V.,V.J =ILI[*];gel■ Assistance Leaguem Revised February 2021 ppUl This agreement is entered into by Assistance League® of Santa Ana (hereinafter referred to as "Assistance League"), located at 1037 W. First Street, Santa Ana, and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter referred to as "Organization"), located at 20 Civic Center Plaza, Santa Ana, CA 92701. 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. Senior Outreach is a philanthropic program designed by Assistance League to provide any or all of the following: visits to the senior centers, participation in the Adopt a Senior Program and providing small gifts for seniors or other like services as designated in this agreement. 2. Obligations of Assistance League. A. Assistance League shall furnish small gifts as requested by seniors at the senior centers in Santa Ana with members visiting and interacting with seniors. Members could include both adults and teenagers. B. Service will be provided to the senior centers as needed until designated Assistance League program funds are exhausted. C. Assistance League shall assume all financial obligations relative to the provision or purchase of the items described in section 2.A. D. Financial contributions to this program by Assistance League shall be made only as stipulated in the terms of this agreement. E. Insurance. Assistance League 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 Assistance League, its agents, representatives, employees or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 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 $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregatelimit 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. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Assistance League has no owned autos, hired, (Code 8) and non -owned autos (Code 9), with limitno less than $1,000,000 per accident for bodily injury and AGREEMENT WITH AN ORGANIZATION/AGENCY (page 2 of 2) property damage. (Not required if Assistance League, provides written verification no vehicles will be used in event) Workers' Compensation:. as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less.t6an$1,000,000 per accident for bodily injury or disease. (Not.required if Assistance League provides written verification no employeeswillwork event) If the Assistance League maintains broader coverage and/or higher limits than the minimums shown above, the Organization requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Assistance League. Any available insurance proceeds In excess of the specified minimum limits of insurance and coverage shall be available to the Organization. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional insured Status The Organization, 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 Assistance League including materials, parts, or equipment furnished in connectionwith such work or operations. General liability coverage can be provided in the form of an endorsement to the Assistance League's insurance (at least as broad as ISO Form CG 2010 1185 or if notavailable, through the addition of both CG 2010, CG 20 28, CG 20 33, or CG 20 38; and CG 20. 37 if a later edition Is used). Primary Coverage For any claims related, to this contract, the Assistance League's insurance coverage shall be primary coverage at least as broad as ISO CG 20 0104 13 as respects the Organization, its officers, officials, employees, and volunteers. Any Insurance or self- insurance maintained by the Organization, its officers, officials, employees, or volunteers shall be excess of the Assistance League's insurance and shall not contribute with it: Notice of Cancellation Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the Organization. Waiver of Subrogation Assistance League hereby grants to Organization a waiver of any right to subrogation ' which any insurer of said Assistance League may acquire against the Organization by virtue of the payment of any loss under such insurance. Assistance League agrees to obtain any endorsement that may be necessary to affect this waiverof subrogation, but this provision applies regardless of whether or not the Organization has received a waiver of subrogation endorsement from the insurer. Self -insured Retentions Self -insured retentions must be declared to and approved by the Organization, The Organization may require theAssistance League 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 Organization Acceptability of Insurers Insurance, Is to be. placed with Insurersauthorized to conduct business in. the. state with a current AN. Best's rating of no less than A:VII, unless otherwise acceptable to the Organization. Claims Made Policies (note — should be applicable. only to professional liability, see below) If any the required policies provide claims -made coverage: I. The Retroactive Date must be: shown, and must be before the date of the contract orthebeginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (6) years after completion of the contract of work 3. If coverage is canceled or nowenewed, and not replaced with another claims- made policy -form with a Retroactive Date priorto the contract effective date, the Assistance Leaguemust purchase "extended reporting" coverage for a minimum of five (6) years after completion of work, Verification of Coverage Assistance League shall furnish the Organization with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policylisting allpolicy endorsements to Organization before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Assistance League's obligation to provide them. The Organization reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Special Risks or Circumstances Organization reserves therightto.modify these requirements. F. Indemnification. Assistance League agrees to defend, and shall indemnify and hold harmless the Organization, its officers, agents, employees, contractors, 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 Assistance League; Its subcontractors, agents, employees, or other persons acting on Its behalf which relates to the services described in this Agreement; and (2) from any claim that personal injury; damages,. just. compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terrns of, or effects, arising from this Agreement. Assistance League further agrees to indemnify; hold harmless, and pay all costs for the defense of the Organization, Including foes and Costs for special counsel to be selected by the Organization, regarding any.action by a third party challenging the validity of this Agreement,, or asserting that personal injury,. damages, just compensation, restitution, judicial or equitable relief due to personal or Property rights arises by reason of the terms of, or effects arising from this Agreement. Organization may make all reasonable decisions with respect to Its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Assistance League's services are subject to Civil Code Section 2782.8,>the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain AGREEMENT WITH AN ORGANIZATIONIAOENCY (page 2 of 2) to, or relate to the negligence, recklessness, or willful misconduct of Assistance, League, G. Assistance League recommends completion of the Three -Year programs Agreement Review Form'for chapter records. 3. Obligations of Organization. A. Appoint a contact person to interface with Assistance League, B. Organization personnel shall identify prospective recipients or participants. C, Organization shall not be responsible for any compensation related to this Agreement. 4. Public Relations: A Assistance League shall have prominent Identification with the program. B. Assistance .League and Organization, shall each reserve the right to -review and approve all publicity releases, brochures, and other materials relative to the program, all of which shall mention Assistance League. C. Photos and names of recipients shall not be used without written permission of those - directly involved. 5. Term, Renewal and Termination. The term of this agreement shall start October 1, 2022, and continues until October 1, 2025, unless temtirtated earlier, in aecordanoe with this Section. The term of this Agreement may be extended upon, a writing executed by the City Manager and City Attorney, If either party determines it can no longer abide by the terms of this agreement, it may terminate this agreement by giving ninety (90) days written notice to the other party. In the case of termination, all assets shall return to the rightful owners as set forth in this agreement and neither party shall have any further obligation thereafter. 6. Memorandum ofUnderstanding/Other Agreement. If a Memorandum of Understanding or other agreement is required by Organization, it is the responsibility of Assistance League to have all documents reviewed by legal counsel. 7. Signatures and Dates. 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 Organization fully, including reasonable costs and attorneys 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. Assistance League of Santa Ana N-2O22-333 P President ' Recording Secretary VP/Chairman Philanthropic Programs Clerk of the Council APPROVED AS'rO FORM: SONIA R. CARVALHO City Attorney Ryan 0.�?clgc Assistant City Attorney Printed Name �- Daz`' �� te Printed Name Dat—e --- Printed Name -- CITY OF SANTA ANA Kris ine Ridge City Manager RECOMMENDED-FOW" OV — Hawk o Exec ve-DFr Parks, Recreation and Community Services Agency +x« P e ent . : Printed Nama iG1�-?�,. r,n�, Date1. (.ii 07 r 4" ReoaMing Seonetary `-- +— ---- - Printed N me J /9 .2oZ2: Date alemsKathleen P/ChPhlla hop Programs ,. . Masenga Printed Name ,n„off --'=� . ate CITV OF SANTA ANA:. Clerk of the.Counclf Kristine Ridga City Manager ' APPROVED AS TO. FORM. SONI'A.R. CARVAkHO City Attorney By: . Ryan 0 HHgoge Assistant City Attorney RECOMMENDED FOR APPROVAL: . Hawk Scott Executive Director Parks, Recreatidn and Community Servlces Agency, Frankston, Emerson From: City of Santa Ana <certificate-request@ctrax.jdidata.com> Sent: Friday, October 21, 2022 12:08 PM To: gaylenurse@gmail.com; Frankston, Emerson;jeremy@thecomprehensiveinsurance.com; Lara, Juan Subject: Internal Notice of Compliance NOTICE OF COMPLIANCE C'ITNSTAFF: PRINT THIS PAGE AND INCLUDE NN'ITH .AGREENIENT TO THE CLERK OF THE COUNCIL Contractor Assistance League of Santa Ana Name: Project TBD (98) Number: Project Agreement Between The Assistance League And The City Of Santa Ana Name: For Senior Outreach 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: TYPE OF INSURANCE POLICY NUMBER EXPIRATION COI DATE FILE NAME DATE AUTOMOBILE LIABILITY 202207504 06/0t/2023 08/30/2022 Assistance League of Santa Ana COLpdf GENERAL LIABILITY 202207504 06/01/2023 08/30/2022 Assistance League of Santa Ana COI.pdf WORKERS COMPENSATION AND EMPLOYERS' 72WECDF3215 06/01/2023 08/30/2022 Assistance League of LIABILITY Santa Ana COLpdf Thank you, City of Santa Ana Risk Management Division in partnership with CTrax Plus Services Team 10/21 /2022 3:07 PM 1