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HomeMy WebLinkAboutIRVINE VALLEY VETERINARY HOSPITAL, INC.INSURANCE NOT ON FILE N-2023-038 WORK MAY NOT PROCEED CLERK OF COUNCIL DATE: FEB 15 1013 AGREEMENT WITH IRVINE VALLEY VETERINARY HOSPITAL 6,:PPACQ51 FOR EMERGENCY VETERINARY SERVICES �Frcun neV>�u� THIS AGREEMENT is made and entered into on this 2nd day of February, 2023, by and between Irvine Valley Veterinary Hospital, Inc., a California corporation ("Provider" or "Consultant" or "IVVH"), 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 ("City" or "Client"). RECITALS A. The City desires to retain a Provider having special skill and knowledge in the field of emergency veterinary services. B. Provider represents that Provider 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 its field and that any services performed by Provider under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional provider in the field. 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 Provider shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in the Scope and Manner of Services attached herewith as Exhibit A. 2. COMPENSATION a. City agrees to pay, and Provider agrees to accept as total payment for its services for City, the rates and charges identified in the Scope and Manner of Services attached herewith as Exhibit A. The total amount to be expended during the term of this Agreement shall not exceed $49,000.00. b. Payment by City shall be made within ninety (90) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. Payment may be remitted to: Irvine Valley Veterinary Hospital Attn: Jean Del Rosario 14980 Sand Canyon Ave Irvine, CA 92618 TERM This Agreement shall commence on the date first written above and shall terminate on June 30, 2024, with the option for the City to grant up to a one (1) year renewal, exercisable by a writing executed by the City Manager and City Attorney, unless terminated earlier in accordance with Section 13, below. This Agreement shall also cover any and all services provided by Provider to City since October 1, 2022. 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 professional 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. 5. 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 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 I (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non -owned), with limit no less than $1,000,000 per accident for bodily injury and property damage. 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. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant's profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the Entity 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 Entity. Other Insurance Provisions: The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The Entity, 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 Consultant 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 Consultant's insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). Primary Coverage For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. Notice of Cancellation Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the Entity. Waiver of Subrogation Consultant hereby grants to Entity a waiver of any right to subrogation which any insurer of said Consultant may acquire against the Entity by virtue of the payment of any loss under such insurance. Consultant 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 Entity has received a waiver of subrogation endorsement from the insurer. Self -Insured Retentions Self -insured retentions must be declared to and approved by the Entity. The Entity may require the Consultant 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 Entity. 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 Entity. 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 Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. Verification of Coverage Consultant shall furnish the Entity 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 Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Subcontractors Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that Entity is an additional insured on insurance required from subcontractors. Special Risks or Circumstances Entity 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 defend, and shall indemnify and hold harmless the City, 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 Provider, its subcontractors, agents, employees, or other persons acting on its 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. 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 0 suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Provider further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, 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. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Provider'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 to, or relate to the negligence, recklessness, or willful misconduct of the Provider. I R Orgii7:717.y Provider shall keep records and invoices in connection with the work to be performed under this Agreement. Provider shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Provider under this Agreement. All such records and invoices shall be clearly identifiable. Provider shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Provider shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Provider under this Agreement. 8. 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. 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. 9. CONFLICT OF INTEREST CLAUSE 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. 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. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Provider, 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. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Provider, 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. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Providers retained by City. 13. TERMINATION This Agreement maybe terminated by the City upon thirty (30) days written notice of termination. In such event, Provider shall be entitled to receive and the City shall pay Provider compensation for all services performed by Provider prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Provider to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Provider consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 14. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 15. 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. 16. PROFESSIONAL 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 including but not limited to a veterinary medicine license. Provider shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. 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 City 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 courtesy copies to: Executive Director, Planning & Building Agency City of Santa Ana 20 Civic Center Plaza (M-xx) P.O. Box 1988 7 Santa Ana, California 92702 Fax: To Provider: Jean Del Rosario Compliance and Referral Manager Irvine Valley Veterinary Hospital 14980 Sand Canyon Ave Irvine, CA 92618 949-552-5200 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. 18. MISCELLANEOUS PROVISIONS a. 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. b. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Provider is providing services not contemplated by this Agreement C. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. (Signatures on following page) N-2023-038 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Norma Orozco Acting Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: B on Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL: O+ Minh Thai Executive Director Planning & Building Agency CITY OF SANTA ANA �—vr� L/ Kristine Ridge City Manager PROVIDER: Jear0el Ro a io Compliance Manager 1VV1+ IRVINE VALLEY VETERINARY HOSPITAL EXHIBIT A Scope and Manner of Services The Irvine Valley Veterinary Hospital is to provide emergency veterinary triage services for dogs and cats only found within the city of Santa Ana and presented to The Provider by an Animal Service or Santa Ana Police Officer. These services will be offered at a standard flat fee. FLAT RATE SERVICE: $250 Examples of services that will be provided for the standard fee include, but are not limited to: Physical exam SO Fluids Mild wound care Mild sedation Bandaging/Splinting Pain control Nursing care FLAT RATE SERVICE FOR EUTHANASIA: $150 FLAT RATE SERVICE FOR TRANSPORTATION: $125 An additional transportation rate from the hospital to the Orange County Animal Care Shelter will cost $125 at the request of the Animal Service Manager. FLAT RATE SERVICE FOR ADDITIONAL BOARDING: $80 Examples of services that are NOT included in the standard fee: Diagnostic blood/urine sampling Radiographs Ultrasound IV Catheter/IV Fluid therapy Hospitalization Surgical procedures * 14980 SAND CANYON AVENUE, IRVINE CA 92618 * (949) 552-5200 * www.irvinevalleyvet.com * * 14980 SAND CANYON AVENUE, IRVINE CA 92618 * (949) 552-5200 * www.irvinevalleyvet.com * The expectation is that IVVH is to provide only emergency services and pain control after-hours and any follow up care is to be provided by licensed veterinarians at the shelter. All cases seen will be provided with written copies of the medical record at discharge. If the animal requires more extensive treatment beyond what is included in the standard fee, IVVH will make contact with the Animal Service Manager for consent. The Provider will not provide services for wildlife, or any species other than dogs or cats, with the exception of euthanasia. The Provider will provide euthanasia services for wildlife at the request of the Client. If the doctor on duty assesses that the wildlife animal does not require euthanasia, the Client will transport the wildlife to another facility. The Provider will examine all animals on a triage basis. The most critical animals will be examined and treated first. No preference will be given to animals presented by the Client or animals that are clients of the Provider with regards to exam priority. If there are more critical patients waiting to be examined when the Client presents an animal, the Client may leave the animal with the Provider until such time as it can be examined. No traps, cages, carriers, or other equipment belonging to the Client will be left with the Provider for storage. The provider shall not provide services to good samaritans, only Animal Control officers and police officers may bring in a pet for treatment under the SA AC account. All others will be treated as regular clients. NOTICE OF COMPLIANCE CU"UY C M O CU U U U U°'IIUC PAGE AND MLUDE GNU U FII AGREEMEM M UFIE CLERK OF U U IIIC COMM Contractor Irvine Valley Veterinary Hospital Name: Project N-2023-038 Number: Project Agreement With Irvine Valley Veterinarian Hospital For Name: Emergency Veterinary Services 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 AUTOMOBILE LIABILITY SH00000535221 05/15/2023 03/07/2023 IVVH COI EXP 05.15.23. pdf GENERAL LIABILITY SH00000535221 05/15/2023 03/07/2023 IVVH COI EXP 05.15.23. pdf PROFESSIONAL LIABILITY SHPL001425221 05/15/2023 03/07/2023 IVVH COI EXP 05.15.23. pdf IVV - Santa WORKERS COMPENSATION AND TWC4173154 10/15/2023 03/20/2023 Ana- EMPLOYERS' LIABILITY REVISED.pdf Thank you, City of Santa Ana Risk Management Division in partnership with CTrax Plus Services Team 3/21 /2023 11:59 AM NOTICE OF COMPLIANCE MY w M U U U U U°°IHS PAGE AND MLUDE GNU U FII AGREEMEM M UFIE CLERK OF U U IIIC COMM Contractor Irvine Valley Veterinary Hospital Name: Project N-2023-038 Number: Project Agreement With Irvine Valley Veterinarian Hospital For Name: Emergency Veterinary Services 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 covera TYPE OF INSURANCE AUTOMOBILE LIABILITY GENERAL LIABILITY PROFESSIONAL LIABILITY WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Thank you, s) are: POLICY EXPIRATION COI DATE FILE NAME NUMBER DATE 5H00000535231 05/15/2024 05/08/2023 lyoc_15717281_162B9916.pdf SH00000535231 05/15/2024 05/08/2023 lyoc_15717281_162B9916.pdf SHPL001425231'05/15/2024 05/08/2023 lyoc_15717281_162B9916.pdf TWC4173154 10/15/2023 03/20/2023 IVV - Santa Ana - REVISED.pdf City of Santa Ana Risk Management Division in partnership with CTrax Plus Services Team 5/9/2023 11:43 AM RC44511 A�Co/2L7@ CERTIFICATE OF LIABILITY INSURANCE DATE2/29/209/20(MMIDD/YYYY) 24 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 Digitally sigMdby Safehold Special Risk, Inc. (916) 589-8000 q ` ,,, I nqiaj d S lal I s e vl 117G1 hl oa �2 UL:"Vi Date.2o2L�. Rancho C, CA 95670-6076 Angie PHONE FAX : AIC No : MAILoExt ADDRESS:U(S) AFFORDING COVERAGE NAIC # INSURER A: Everest National Insurance Company 10120 _ INSURED —081001 Irvine Valley Veterinary Hospital 14980 Sand Canyon Ave Irvine, CA 92618 INSURERB: Technology Insurance Company 42376 INSURER C INSURERD: INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 15830652 REVISION NUMBER: See below 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 ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MMIDD/YYYY LIMITS q X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR SH00000535-231 05/15/2023 05/15/2024 EACH OCCURRENCE $ 2,000,000 PREM IA AGN (Ea o'currRENTEDence $ 1,000,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 PRO-JECT ❑ LOC POLICY ❑ PRODUCTS - COMP/OP AGG $ 4,000,000 $ OTHER: A AUTOMOBILE LIABILITY SH00000535-231 05/15/2023 05/15/2024 MBINED Ea accdentSINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY UMBRELLALIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE TWC4173154 10/15/2023 10/15/2024 STATUTE EORH E.L. EACH ACCIDENT 1,000,000 $ OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) NIA E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 A Professional Liability SHPL001425-231 11511512023 05/15/2024 $1,000,000Per Occurrence $3,000,000 Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate holder is named as Additional Insured per the attached endorsement. Primary Wording and Waiver of Subrogation applies per attached endorsement City of Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN 20 Civic Center Plaza ACCORDANCE WITH THE POLICY PRC Santa Ana, CA 92702 E RiskManagmumtDMsian AUTHORIZED REPRESENTATIVE z f °x R�EWED & APPROVED BY: - , i ", `! 1" Risk Management Specialist The ACORD name and logo are registered marks of ACORD ©1988-2015 ACORD ACORD 25 (2016/03) (This certificate replaces certificate# 15717281 issued on 5/8/2023) POLICY NUMBER: COMMERCIAL GENERAL LIABILITY ECG 20 590 05 09 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 Organ izations : Locations Of Covered Operations 1. Any person or organization for whom you are per- Any location for which the Named Insured's forming operations when you and such person or or- work was performed for such person(s) or ganization have agreed in writing in a contract or organization(s). agreement that such person or organization be added as an additional insured on your policy but only when such contract or agreement requires an additional insured form other than CIS 20 26 04 13; and 2. Any other person or organization you are required to add as an additional insured under the written contract or written agreement described in Paragraph 1. above. 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" but only to the extent 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 an additional insured(s) at the location(s) desig- nated above. B. The insurance afforded to an additional insured shall only include the insurance required by the terms of the written agreement and shall not be broader than the coverage provided within the terms of the Coverage Part. C. The Limits of Insurance afforded to an additional insured shall be the lesser of the following: 1. The Limits of Insurance required by the written agreement between the parties; or 2. The Limits of Insurance provided by this Cov- erage Part. ECG 20 590 05 09 Copyright, Everest Reinsurance Company 2009 Includes copyrighted material of Insurance Services Office, Inc., used with its permission. INSURED COPY Page 1 of 1 ❑ oR.N a RAManagmumtDMsIcrn f °;' REVIEWED & APPROVED BY: °Afg Aezv 1" Risk Management Specialist 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in Paragraph c. below. b. Excess Insurance (1) This insurance is excess over: (a) Any of the other insurance, whether primary, excess, contingent or on any other basis: (i) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (ii) That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner; (iii) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; or (iv) 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 Liability. (b) Any other primary insurance available to you covering liability for damages arising out of the premises or operations, or the products and completed operations, for which you have been added as an additional insured. (2) When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. (3) 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. (4) 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. Method Of Sharing If all of the other insurance 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 of the other insurance 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 of all insurers. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; Page 12 of 16 © Insurance Services Office, Inc., 2012 oR,N a RiskMougementDMsian f °; REVIEWED & APPROVED BY. °1"All � ILY, Afg Aezv �1" Risk Management Specialist d. After you cease to own a financial interest of more than 50%. E. Fire Damage To Premises Rented To You — Increased Limits Paragraph 6. under Section III — Limits of Insur- ance is replaced by the following: 6. Subject to Paragraph 5. above, the most we will pay under Coverage A for damages be- cause of "property damage" to any one prem- ises while rented to you or temporarily occu- pied by you with permission of the owner is the greater of: a. $500,000; or G. Unintentional Failure To Disclose Hazards Condition 6. Representations under Section IV — Commercial General Liability Conditions is re- placed by the following: b. The Damage To Premises Rented To You Limit shown in the Declarations. F.Notice To Company The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit under Section IV — Commercial General Li- ability Conditions: e. Your failure to first notify us of a claim will not invalidate coverage under this policy if the loss H was inadvertently reported to another insurer. However, you must report any such "occur- rence" to us within a reasonable time once you become aware of such error. 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon repre- sentations you made to us; and c. We have issued this policy in reliance upon your representations. Any unintentional error or omission in the de- scription of, or failure to completely describe, any premises or operations you intend to be covered by this Coverage Part, will not invali- date or affect coverage for those premises or operations. However, you must report any such error or omission to us as soon as reasonably possible after its discovery. Waiver Of Subrogation The following is added to Condition 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Commercial General Liability Conditions: We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your operations or "your work" done under a written agreement that requires you to waive your rights of recovery. The written agreement must be made prior to the date of the `occurrence". Page 2 of 2 Copyright, Everest Reinsurance Company, 2016 ECG 04 767 02 16 ❑ Includes copyrighted material of Insurance Services Office, Inc. used with its permission �,�P_", RAManagementDMs1cn �I f °; REVIEWED & APPROVED BY: °� Afg Aezv �1" Risk Management Specialist