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HomeMy WebLinkAboutPROJECT KINSHIPINSURANCE ON FILE WORT( MAY PROCEED N-2024-275 UNTIL INSURANCE EXPIRES I I IaoZS CITY CLERK oaTE: AUGf-c�a-C�> to) 21 2�24 GQ- CITY OF SANTA ANA o•. (LOY'kin Lurk-P)M-1r PARTNERSHIP AGREEMENT WITH PROJECT ]KINSHIP FOR 2024-2025 TITLE LEVEL PARTNERSHIP THIS PARTNERSHIP AGREEMENT is made and entered into this 12th day of July 2024 by and between Project Kinship., a California nonprofit corporation ("Partner"), 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"). RECITALS A. The City is producing multiple events throughout 2024 and 2025 and desires to retain partners for such City events ("Events"). B. Partner represents that it is able and willing to enter into a partnership for the Events. C. In undertaking the performance of this Agreement, Partner represents that it is knowledgeable in its field and that any activities conducted by Partner under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional firm in such 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: PARTNER RESPONSIBILITIES AND BENEFITS a. In exchange for the consideration specified in Section 3 below as well as Partner's responsibilities at City Events as specified in Exhibit A. attached hereto and incorporated by reference, Partner shall be entitled to the benefits at the Events as described in Exhibit A. b. Partner grants to City the right to use Partner's trademark(s), trade name(s), logo designs and company descriptions as prepared and delivered to City by Partner in any medium of advertising, marketing materials, and/or promotional goods distributed in conjunction with the Event and in accordance with Partner's usage guidelines. 2. CITY RESPONSIBILITIES AND BENEFITS In exchange for the responsibilities specified in Section I above and for the consideration specified in Section 3 below, City shall be obligated to provide and perform the responsibilities as described in Exhibit A. Page 1 of 6 3. PARTNERSHIP CONSIDERATION For its participation as a Partner for the Events, Partner shall provide to the City in -kind contributions valued at Thirty -Five Thousand and 00/100 Dollars ($35,000) as further described in Exhibit A. Partner shall not be entitled to the Partnership Benefits under this Agreement, or otherwise participate in the Events, if Partner fails to provide the in -kind contributions described in Exhibit A. 4. TERM This Agreement shall commence on July 18, 2024 and terminate on July 17, 2025, unless terminated as otherwise provided in this Agreement. 5. INDEPENDENT CONTRACTOR Partner 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 Partner performs the services which are the subject matter of this Agreement; however, the services to be provided by Partner shall be provided in a manner consistent with all applicable standards and regulations governing such services. Partner 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. 6. INSURANCE During the Term of this Agreement, Partner shall maintain and shall require its subcontractors or agents, if any, to obtain and maintain insurance as described in Exhibit B to this Agreement. INDEMNIFICATION To the fullest extent permitted by law, Partner shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively, the "indemnified parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a claim; collectively, "claims"), which may arise from or in any manner are related (directly or indirectly) to this Agreement or Partner's presence or activities at the Event (including the negligent and/or willful acts, errors and/or omissions of Partner, its principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Partner to indemnify the indemnified parties from any claim arising from the sole negligence or willful misconduct of the indemnified parties. This Page 2 of 6 indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Partner. 8. CONFIDENTIALITY If Partner receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Partner 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 Partner disclosed in a publicly available source; (c) is in rightful possession of the Partner without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Partner without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Partner 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. 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 facsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714-647-6956 Copies to: Executive Director, Parks, Recreation & Community Services Agency City of Santa Ana 20 Civic Center Plaza (M-23) Santa Ana, California 92702 Page 3 of 6 To Partner: Project Kinship Attn: Madeline Rodriguez 2215 N. Broadway, Suite 2 Santa Ana, CA 92705 Madelinegprojectkinship.ore 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. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Partner 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 Partner. 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 Partner 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 are not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Partner, Partner 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 partners retained by City. 13. CANCELLLATION OR TERMINATION a. If, because of war, fire, strike, civil strife, government regulation, natural catastrophe, an act of terrorism or public enemy, an act of God, or any reason beyond the reasonable control of City, the Event or any part thereof is prevented from being held or is cancelled by City, City, in its sole discretion, shall determine and refund to the Partner its proportionate share of the balance of the aggregate partner fees received that remain after deducting expenses incurred by City and reasonable compensation to City. In no case shall the amount of the refund to the Page 4 of 6 Partner exceed the amount of the fee paid. City reserves the right to cancel any portion of the Event as it deems necessary and appropriate. b. Cancellation by the Partner will be accepted only in writing. In the event of cancellation by Partner, Partner will remain obligated for 100% of the partnership fee, and City will retain the right to seek and retain an alternate partner in City's sole discretion. 14. NONDISCRIMINATION Partner shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or any activities in connection with this Agreement. Partner affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 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 Partner shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary 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. Partner 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. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature 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. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [signature page follows] Page 5 of 6 SIGNATURE PAGE FOR PARTNERSHIP AGREEMENT WITH PROJECT KINSHIP FOR 2024-2025 TITLE LEVEL PARTNERSHIP IN WITNESS WHEREOF, the parties hereto have executed this Partnership Agreement the date and year first above written. ATTEST: CITZSNTA ANA Jennifer L.-'Wall Alvaro Nunez City Manager APPROVED AS TO FORM: SONIA R. CARVALHO PARTNER City Attorney By: — A6w&rw A. R"ej. ndon Salvatierra Name: Aaron A. Reyes Deputy City Attorney Title: Associate Executive Director RECOMMENDED FOR APPROVAL: awk Scott Executive Director of Parks, Recreation and Community Services Agency Page 6 of 6 EXHIBIT A %14 Santa Ana Paeka a ,d Ra,&Te .. Program overview: CITY OF SANTA ANA Parks, Recreation, & Community Services Agency 2024 Annual Title Level Partnership: Project Kinship Project Kinship ("Partner') will be providing $35,000 value of in -kind contributions to the City of Santa's Parks, Recreation, and Community Services Agency ("PRCSA") as an annual Title Level Partner to participate in planning efforts for five (5) city-wide standard events and one (1) city- wide premium events. In exchange, PRCSA will provide Recreation Center space for approved free community enrichment programs, marketing recognition, and designated exhibitor space. The allowable activations will provide opportunities for city-wide community engagement, distribution of information, interactive activities, and giveaways for participants. An annual Title Level Partnership streamlines participation in PRCSA events and allows for additional collaborative opportunities with an in -person presence in Santa Ana events ("Events') and programs on a regular basis. Partner physical activations will be included at the following: Premium Event (6,000+ attendees) o Santa Ana Chicano Heritage Festival • Sunday, August 11, 2024 • Centennial Park Standard Events and Programs: o (1) Summer Concert in the Park • Thursday, July 18, 2024 • Thornton Park o Mid -Autumn Festival • Saturday, October 5, 2024 • Centennial Park o Dia de los Muertos: Magic of the Altars • Friday, November 1, 2024 • Roosevelt Walker Community Center 0 2025 Santa Ana Fun Run and Fit Fest • Date to be determined in Spring of 2025 • Flower St. o (1) Summer Movie in the Park • Date to be determined in Summer of 2025 o Invitations for Partner to participate and lead a minimum of four (4) enrichment programs at Recreation and Senior Centers, during mutually agreed upon times, with final content approval by designated Community Services Supervisor Partner responsibilities: • A total value of approximately $35,000 in -kind contributions for the Events listed above will be made up of staffing and volunteer assistance, event food and beverage, event supplies, consultation fees, event supplies, translation services, and enrichment programs, including but not limited to: o $22,500 of in -kind contributions towards the above -mentioned events THE CITY OF SANTA ANA 20 Civic Center Plaza - 2nd Floor - Santa Ana, CA 92701 (714) 571-4200 • Web Site: www.santa-ana.org/departmentsparks-recreation • Agency administrative fee for consultation and program planning: $10,000 • Partner staff for day -of event operation at booth: $2,000 • Event volunteer shirts: $2,000 • Food and beverage for event volunteers and/ or back -stage: $4,000 • Event decor supplies: $2,000 • Event activity supplies: $2,000 o $2,500 of in -kind contributions towards for marketing materials for Chicano Heritage Festival o $500 of in -kind contributions towards Partner staff to assist as an event emcee for Chicano Heritage Festival o $10,000 of in -kind contributions towards a minimum of four (4) enrichment programs at Centers Partner's booth footprint (10'x20') and booth supplies for all six (6) events with participant activity and giveaways Partner grants PRCSA the right to use Partner's trademark(s), trade name(s), logo designs and company descriptions as prepared and delivered to City by Partner in any medium of advertising, marketing materials, and/ or promotional goods distributed in conjunction with the Event and in accordance with the Partner's usage guidelines. PRCSA responsibilities: • Title Partner Level inclusions for all six (6) events o Designated exhibitor space (10'x20') during the event(s) o Stage mention at event(s) o Day -of event(s) social media acknowledgment in form of a story on @santanaparks o Social media acknowledgment in caption of recap event(s) post on @santaanaparks o Designated advertising printed signage provided by PRCSA with Partner advertisement, marks, and/ or reference, as supplied by Partner, on signage as appropriate for the individual event that may include, but is not limited to stage banner(s), 24"x36" A-frame(s), photography backdrop, etc. o Inclusion of Partner advertisement, marks, and/ or reference, as supplied by Partner, on signage as appropriate for the individual event that may include, but is not limited to main event marketing materials with logo placements, such as fliers, posters, day -of signage, and event website subpage(s). o Partnership recognition in event(s) press release • Partner advertisement, marks, and/ or reference, as supplied by Partner, with link optional taglines, and partnership identification, (the "Internet Marks"), linking to designated Partner website, as provided by Partner, from highly visible locations sitewide on City's official website, www.santa-ana.org/annual-partners-and-sponsors/ Partner will also receive partnership identification on each of the event website subpages on the City's official website. The Internet Marks will be placed and provided by City upon content approval of Partner. The Internet Marks will be active and accessible to the general public upon execution of this Agreement through the end of Agreement term. • Provide Recreation Center space, during regular and available operating hours, for Partner to participate in program services by proving free community enrichment programs at City operated Recreation Centers when City staff are on site. Partner programs and workshops provided by Partner must be approved by Center Supervisor, free of charge to the community, and provide overall community benefit. THE CITY OF SANTA ANA 20 Civic Center Plaza • 2nd Floor • Santa Ana. CA 92701 (714) 571-4200 - Web Site: www.santa-ana.org/departments/parks-recreation EXHIBIT B EXHIBIT B Prior to undertaking the performance of work under this Agreement, Partner shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Partner. a. Minimum Scope and Limit of Insurance (1) Commercial General Liability (CGL). Insurance Services Office ("ISO") Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence and $4,000,000 aggregate. (2) Workers' Compensation. Insurance as required by the State of California, with statutory limits, and employer's liability insurance with a limit of no less than $1,000,000 per accident, policy or employee, for bodily injury or disease. (3) Professional Liability Insurance. Insurance with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate. (4) Broader Coverage. If Partner 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 Partner. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. b. Other Insurance Provisions The above required insurance policies are to contain or be endorsed to contain the following provisions: (1) Additional Insured Status. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL and SAML policy(ies), with respect to liability arising out of work or operations performed by or on behalf of the Partner including materials, parts, or equipment furnished in connectionwith such work or operations. (2) Waiver of Subrogation. Partner's insurance company(ies) agree(s) to waive all rights of subrogation against the City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Partner under this Agreement. (3) Primary Coverage. For any claims related to this Agreement, Partner's insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. (4) Severability. A severability of interest provision must apply for all the additional insured, ensuring that Partner's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. (5) Cancellation. Insurance policy(ies) herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non -renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non -renewal due to non-payment. (6) Certificate Holder. The Certificate Holder on each evidence of insurance certificate shall be: City of Santa Ana, Attn: (name of department staff responsible for Agreement), 20 Civic Center Plaza M-XX (responsible staffs department mail box), Santa Ana, CA 92701. The name and location of event should be included in the description of operations section of each certificate. C. Self -Insured Retentions. Self -insured retentions must be declared to and approved by the City. The City may require the Partner 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. d. 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 ANII, unless otherwise acceptable to the City. C. Verification of Coverage. Partner shall furnish the City 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 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 Partner' 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. f. Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of therisk, prior experience, insurer, coverage, or other special circumstances. PROJKIN-01 EN AFRO CERTIFICATE OF LIABILITY INSURANCE OAT713/2 DIYYYY) 7/3I2024 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 License# OM1041 0 ArmstronglRobitaille/Riegle Business and Insurance Solutions 1500 Quail St, Suite #100 Newport Beach, CA 92660 COAMT CT PAH/C, No, Ezt : (949) 381-7700 jai, no :949 661-9429 E- DAIL . arrinfo@aleragroup.com INSURERS AFFORDING COVERAGE NAIL e INSURER A: Nonprofits Insurance Alliance Group 10023 INSURED INSURER B:HIscOXInsurance Company Inc 10200 INSURER C Project Kinship INSURER D : 2215 N. Broadway Suite #2 Santa Ana, CA 92706 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE 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 TYPE OF INSURANCE ADDL$UBR POLICY NUMBER POLICY EFF DE POLICY EXPILTR IMM/notyyyYI LIMITS A X COMMERCIAL GENERAL LIABILRY CLAIMS -MADE [)(] OCCUR X X 2023-79149-NPO 71112023 8/112024 EACH OCCURRENCE 1,000,000 DAMAGE T ERE�NT1ED PREMISESMET, 500,000 EXP An one erson 20,000 PERSONAL&ADV INJURY 1,000,000 AGGREGATE LIMIT APPLIES PER: POLICY WT LOG GENERAL AGGREGATE 3,000,000 GEN'L PRODUCTS - COMPIOP AGG 3,000,000 OTHER: A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT X ANVAUTO AUTOS ONLY SCHEDULED SyUyLEO 2023-79149-NPO 71112023 81112024 BODILY INJURY Per person) BODILY INJURY Per accident PeOr accit AMAGE P14,000,000 AUTOS ONLY AUTOS ONLOY A X UMBRELLA LIAR X OCCUR EACH OCCURRENCE AGGREGATE EXCESS LIAB CLAIMS -MADE 2023-79149-UMB 7/1/2023 8/1/2024 DED I X I RETENTION$ 0 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PR OPRIETORIPARTNEWEXECUTIVE ❑ FFICERMIEMBER EXCLUDED? Mandatory in NH) If yes, describe under NIA PER OTH- TATUTE E.L. EACH ACCIDENT EL. DISEASE - EA EMPLOYE DESCRIPTION OF OPERATIONS below E.L DISEASE - POLICY LIMIT B Professional Liabili MEO11737090.24 71112024 711/2025 Limit 1,000,000 B Professional Liabili ME01737090.24 711/2024 7/112025 Aggregate 3,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Current policies have been extended to 81112024. City of Santa Ana, its City Council, Its officers, officials, employees, agents, and volunteers are included as additional insured with respects General Liability coverage per the attached forms. Waiver of Subrogation and Primary & Non-Constributory coverage applies to the General Liability policy per the attached forms. 30 days notice of cancellation with the exception of 10 days for non-payment of premium. Risk Menageinenr nlviaion . nn_ ...��_ _..y.......�_ s. Mnk W nnng., SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City Of Santa Ana - - THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Santa Ana Parks & Recreation 20 Civic Center Plaza Santa Ana, CA 92701 AUTHORIZED REPRESENTATIVE I--- -D ` ACUKU 25 (20161U3) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD NONPROFITS INSURANCE ALLIANCE OF CALIFORNIA A Head for Insurance. A Heartfor Nonprofits. POLICY NUMBER: 2023-79149 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT FOR PUBLIC ENTITIES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: A. Section II — WHO IS AN INSURED is amended to include: 4. Any public entity as an additional insured, and the officers, officials, employees, agents and/or volunteers of that public entity, as applicable, who may be named in the Schedule above, when you have agreed in a written contract or written agreement presently in effect or becoming effective during the term of this policy, that such public entity and/or its officers, officials, employees, agents and/or volunteers be added as an additional insured(s) on your policy, but only with respect to liability for "bodily injury', "property damage" or ..personal and advertising injury' caused, in whole or in part, by: a. Your negligent acts or omissions; or b. The negligent acts or omissions of those acting on your behalf; in the performance of your ongoing operations. No such public entity or individual is an additional insured for liability arising out of the sole negligence by that public entity or its designated individuals. The additional insured status will not be afforded with respect to liability arising out of or related to your activities as a real estate manager for that person or organization. B. Section III — LIMITS OF INSURANCE is amended to include: 8. The limits of insurance applicable to the public entity and applicable individuals identified as an additional insured(s) pursuant to Provision A.4. above, are those specified in the written contract between you and that public entity, or the limits available under this policy, whichever are less. These limits are part of and not in addition to the limits of insurance under this policy. C. With respect to the insurance provided to the additional insured(s), Condition 4. Other Insurance of SECTION IV— COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced by the following: 4. Other Insurance a. Primary Insurance This insurance is primary if you have agreed in a written contract or written agreement: (1) That this insurance be primary. If other insurance is also primary, we will share with all that other insurance as described in c. below; or NIAC-E61 02 19 Page 1 of 2 NONPROFITS INSURANCE ALLIANCE OF CALIFORNIA A Head for Insurance. A Heartfor Nonprofits. POLICY NUMBER: 2023-79149 (2) The coverage afforded by this insurance is primary and non-contributory with the additional insured(s)' own insurance. Paragraphs (1) and (2) do not apply to other insurance to which the additional insured(s) has been added as an additional insured or to other insurance described in paragraph b. below. b. Excess Insurance This insurance is excess over: 1. Any of the other insurance, whether primary, excess, contingent or on any other basis: (a) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (b) That is fire, lightning, or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (c) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises temporarily occupied by you with permission of the owner; or (d) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of SECTION 1— COVERAGE A— BODILY INJURY AND PROPERTY DAMAGE. (a) Any other insurance available to an additional insured(s) under this Endorsement covering liability for damages which are subject to this endorsement and for which the additional insured(s) has been added as an additional insured by that other insurance. (1) When this insurance is excess, we will have no duty under Coverages A or B to defend the additional insured(s) against any "suit" if any other insurer has a duty to defend the additional insured(s) against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured(s)' rights against all those other insurers. (2) When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self -insured amounts under all that other insurance. (3) We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Methods of Sharing If all of the other insurance available to the additional insured(s) permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any other the other insurance available to the additional insured(s) does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. NIAC-E61 02 19 Page 2 of 2 NONPROFITS POLICY NUMBER: 2023-79149 FORM: NIAC-E26 11 17 INSURANCE NAMED INSURED: Project Kinship ALLIANCE OF CALIFORNIA A Head for Insurance. A Heart for Nonprofits. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SOCIAL SERVICE PROFESSIONAL LIABILITY COVERAGE FORM SCHEDULE Name of Person or Organization: Where you are so required in a written contract or agreement currently in effect or becoming effective during the term of this policy, we waive any right of recovery we may have against that person or organization, who may be named in the schedule above, because of payments we make for injury or damage. NIAC-E26 11 17 Page 1 of 1 POLICY NUMBER: 2023-79149 Named Insured: Project Kinship COMMERCIAL GENERAL LIABILITY CG 20 26 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 6341.F:IJ1IUJFm Name Of Additional Insured Person(s) Or Organization(s): Any person or organization that you are required to add as an additional insured on this policy, under a written contract or agreement currently in effect, or becoming effective during the term of this policy. The additional insured status will not be afforded with respect to liability arising out of or related to your activities as a real estate manager for that person or organization. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The Insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contractor agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 12 19 © Insurance Services Office, Inc., 2012 Page 1 of 1 PKUJKIN-01 AANAYA DATE7/11 Y) 1812024 Bnoza CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terns 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 PIASC Insurance Services, Inc. 5800 S. Eastern Avenue NAMEACT Nora Wolkoff PHONE FAX A/C. No, Ext): (AIC. No): su AIL . nora@piascins.com Suite 400 Los Angeles, CA 90040 INSURER $ AFFORDING COVERAGE NAIC q INSURER A: State Compensation Ins.Fund 35076 INSURED INSURER B: INSURER C : Project Kinship INSURER D: 2215 N. Broadway Suite #2 Santa Ana, CA 92706 INSURER E : INSURER F COVERAGES CFRTIFIr:ATF NIIMRFR- rFtnclnM MnMGco. 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 TYPE OF INSURANCE ADOLSUBR POLICY NUMBER POLICY EFF POLICY EXPJJR­ LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR EACH OCCURRENCE $ DAMAGE TO RENTED P a occumen GEN'L MED EXP (Anyoneperson) $ PERSONAL&ADV INJURY $ AGGREGATE LIMIT APPLIES PER: POLICY JE0 LOC OTHER: GENERALAGGREGATE IS PRODUCTS - COMPIOPAGG $ IS AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS AUTOS ONLY AUTN6rNED COMBINED SINGLE LIMIT Ea accitlen BODILY INJURY Per son $ BODILY INJURY Per accident $ PeOF.ER-enf AMAGE UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE AGGREGATE DED RETENTION$ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORMARTNEWEXECUTIVE ❑ OFFICERIMEMBER EXCLUDED? (Mandatary in NH) f yes,be antler DESCRIPTIRIPTION OF OPERATIONS below NIA 9342586.24 7/1112024 7I1112025 )( PER OTH- T E EL EACH ACCIDENT 1,p00,Opp E.L DISEASE - EA EMPLOYE 1,000,000 EL.DISEASE - POLICY LIMIT 11000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES ACORD 101, Additional Remarks Schedule, maybe attached If more space is required) WORKERS COMPENSATION PROOF OF( OVERAGE ONLY— _ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana gym.,,, ,.•,•,. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 Civic Center Plaza ;'� "°^•^°' ` �'^ i° = ACCORDANCE WITH THE POLICY PROVISIONS. Santa Ana, CA 92702 .n: - G.. Ir-11 t w•=.. x. , AUTHORRED REPRESENTATIVE L_ -� ACUHU Z5 (ZUTelUJ) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ENDORSEMENT AGREEMENT WAIVER OF SUBROGATION BLANKET BASIS HOME OFFICE SAN FRANCISCO EFFECTIVE JULY 11, 2024 AT 12.01 A.M. ALL EFFECTIVE DATES ARE AND EXPIRING JULY 11, 2025 AT 12.01 A.M. AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME PROJECT KINSHIP 2215 N BROADWAY SUITE 2 SANTA ANA, CA 92706 WE HAVE THE RIGHT TO RECOVER OUR PAYMENTS FROM ANYONE LIABLE FOR AN INJURY COVERED BY THIS POLICY. WE WILL NOT ENFORCE OUR RIGHT AGAINST THE PERSON OR ORGANIZATION NAMED IN THE SCHEDULE. THIS AGREEMENT APPLIES ONLY TO THE EXTENT THAT YOU PERFORM WORK UNDER A WRITTEN CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT FROM US. THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE 2.00W OF THE TOTAL POLICY PREMIUM. SCHEDULE PERSON OR ORGANIZATION JOB DESCRIPTION ANY PERSON OR ORGANIZATION BLANKET WAIVER OF FOR WHOM THE NAMED INSURED SUBROGATION HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER REP D1 9342586-24 RENEWAL SC 9-61-25-31 PAGE 1 OF NOTHING IN THIS ENDORSEMENT SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS ABOVE STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS IN THIS ENDORSEMENT. COUNTERSIGNED AND %ISSUED AT SS�AAN�FRANCISCO: JULY 12, 2024 2572 AUTHORIZED REPRESEN'2 PRESIDENT AND CEO SCIF FORM 10217 (REV.4-2018) 1 OLD DP 217