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HomeMy WebLinkAboutASIAN AMERICAN SENIOR CITIZENS SERVICE CENTER (AASCSC)INSURANCE ON FILE W �;(, MAY PROCEED UNTIL;%3URANCE EXPIRES GI I Iw2y CITY' CLEIK DATE: 11 21 20A N-2024-277 CITY OF SANTA ANA a', GN9 �� AGREEMENT WITH ASIAN AMERICAN SENIOR CITIZENS SERVICE CENTER ttf-i1^e (AASCSC) FOR CULTURAL CONSULTING SERVICES THIS AGREEMENT is made and entered into on this 8th day of August, 2024 by and between Asian American Senior Citizens Service Center (AASCSC), a California nonprofit corporation ("Consultant"), 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 desires to retain a consultant having special skill and knowledge in the field of cultural services for City events and services. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm 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 Consultant 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 Scope of Services - Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Compensation - Exhibit B. The total amount to be expended during the term of this Agreement shall not exceed Twenty -Five Thousand and 00/100 Dollars ($25,000). b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Consultant agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant's account(s) with financial institutions. #19793v7 Pagel of9 c. 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. 3. TERM This Agreement shall commence on the date first written above for a three (3) year term, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant 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 Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant 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. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below for the duration of this Agreement, against claims for injuries to persons or damage to property which may arise form or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Consultant. a. Minimum Scope and Limit of Insurance #19793v7 Page 2 of 9 (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. 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. (3) Professional Liability Insurance. Professional liability insurance with a limit of no less than $1,000,000 per occurrence or claim. (4) Broader Coverage. If the Consultant 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 Consultant. 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 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 connectionwith such work or operations. (2) Waiver of Subrogation. Consultant shall require its insurance company(ies) to waive all rights of subrogation against City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from this Agreement. (3) Primary Coverage. For any claims related to this contract, the Consultant's insurance coverage shall be primary and any insurance or self-insurance maintained by City, its City Council, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (4) Severability. A severability of interest provision must apply for all the additional insured, ensuring that Consultant'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. Page 3 of 9 #19793v7 (5) Notice of 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 the 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 project must 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 Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claims 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 A:VII, unless otherwise acceptable to the City. e. Verification of Coverage. Consultant 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 allpolicy endorsements to City 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 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. 7. INDEMNIFICATION Consultant 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 Contractor, 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) #19793v7 Page 4 of 9 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 terms of, or effects, arising from this Agreement. The Consultant 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 Contractor'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 Contractor. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product, services, or documents provided by Consultant to the City pursuant to this Agreement. Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant 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 Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant 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. Consultant 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 Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant 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 #19793v7 Page 5 of 9 information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant 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. 12. NON-DISCRIMINATION Consultant 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. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, 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 Contractor. 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 Consultant 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. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Consultant 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 Contractors retained by City. Page 6 of 9 #19793v7 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant 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 Consultant 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 Consultant 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. 16. 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. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant 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. Consultant 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. 19. 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: Page 7 of 9 #19793v7 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 With courtesy copies to: City Manager City of Santa Ana 20 Civic Center Plaza (M-31) P.O. Box 1988 Santa Ana, California 92702 To Consultant: Asian American Senior Citizens Service Center (AASCSC) Attn: Jennifer S. Wang, Executive Director 850 N. Birch Street Santa Ana, CA 92701 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. 20. 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. 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 8 of 9 #19793v7 SIGNATURE PAGE FOR AGREEMENT WITH ASIAN AMERICAN SENIOR CITIZENS SERVICE CENTER (AASCSC) FOR CULTURAL CONSULTING SERVICES IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year First above written. ATTEST: i 'Jennifer . Hal r APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Bran n Salvatierra Deputy City Attorney #19793v7 CITY F SANTA '7 G'LLtl � Alvaro Nunez City Manager CONSULTANT: Jennifig S. Wang Executive Director Page 9 of 9 EXHIBIT A SCOPE OF SERVICES EXHIBIT A SCOPE OF WORK I Asian American Senior Citizens Service Center (AASCSC) is a nonprofit organization 501 c3) in Santa Ana, entrusted to serve and protect our most vulnerable and underserved as they progress through different stages of life. Founded in 1989, AASCSC believes in an intergenerational approach to building a stronger, healthier community through direct services, advocacy, and capacity building. At the heart of these efforts is the imperative to ensure Health Equity within our community. AASCSC offers Adult Services and Youth Action League as well as Healthy Baby Program. As an annual partner with the City of Santa Ana, AASCSC will provide the performers management services to the City. This scope of service includes: Role & Responsibilities of the Asian American Senior Citizens Service Center (AASCSC) 1. Professional services for this agreement may vary depending on the specific type and scale of the event, but they provide a general overview of the responsibilities of this agency's role, as needed and requested by the City of Santa Ana. 2. Review 8 Approval: AASCSC to ensure that all main elements, plans, safety and permits are vetted and approved by the City of Santa Ana and other relevant agencies such as the Santa Ana Police Department, Orange County Fire Authority, and County of Orange Health Care Agency. 3. Initial Consultation: AASCSC is to meet clients to discuss their event vision, goals, budget, and requirements at least 60 days in advance. 4. Venue Selection: Research and suggest appropriate venues based on the event requirements and budget. 5. Vendor Coordination: Source and manage vendors such as caterers, decorators, florists, photographers, and entertainers. 6. Budget Management: Develop and adhere to a budget, negotiating with vendors to ensure cost-effectiveness. 7. Event Design and Theme Development: Create a cohesive theme and design concept for the event, including decor, lighting, and ambiance. 8. Cultural Sensitivity: sensitivity to the awareness, understanding, and acceptance of cultural differences, as well as the ability to interact effectively with people from diverse cultural backgrounds. Recognizing that individuals from different cultures may have unique values, beliefs, traditions, communication styles, and social norms, and showing respect for these differences. 9. Timeline Development: Create a detailed timeline outlining all event activities and deadlines. 10. Logistics Management: Coordinate transportation, lodging, permits, and any other logistical needs for the event. 11. Attendee Management: Handle RSVPs, guest lists, seating arrangements, and any special accommodations for attendees. 12.On-site Coordination: Oversee setup, manage event flow, troubleshoot any issues that arise, and ensure everything runs smoothly during the event. 13. Post -Event Wrap -Up: Conduct a debrief with clients and vendors, collect feedback, settle invoices, and evaluate the success of the event. Future Events List: 1. Chinatown Memorial 2. Translation Services 3. Cultural Advisement 4. Event for Asian American Native Hawaiian/Pacific Islander (AANPHI) 5. And other events as identified by the City of Santa Ana at least 30 days in advance EXHIBIT B COMPENSATION EXHIBIT B BUDGET BUDGET Asian American Senior Citizens Service Center (AASCS) CATEGORY AMOUNT Personnel (_% maximum) 12,000 Insurance 1,000 Permits 500 Cleaning Services 500 Venue 1,000 Food & drink 1,000 Activities (entertainment, performance...) 2,000 Decorations 1,000 Audio/Visual Equipment 1,000 Rentals (tables, chairs, canopies, portables, fencing, generators, trash cans, etc.) 2,000 Marketing 1,000 Transportation 1,500 Misc. 500 Other: NOT TO EXCEED TOTAL $25,000 4 CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDe/YYYY) 07/30/2024 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(les) mur', 4ave ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, cent: IT policies may require an endorsement A statement on this certificate does not coj&r rights to the certificate IWIder in lieu of such endorse nentt?\ • • . a a PRODUCER CONTACT FaUi a NAME: Newfront Insurance Services PHONE (650) 412-7li1 A/C No Ex 777 Mariners Island Blvd. &MILss: `auli e.durbin@ne ronf.com Suite 250 R(S O OI C San Mateo CA 94404 INSUREP N, iprofirtVinsuranceAlliance.0 INSURED Sta, m INSURE a: p. ins. Fund Asian American Ior Citizens Service Center, Inc su' -R c: Und rv.. ,4ond 850 North BircFlEt�tat Santa Ana F ` `� `� V CA%= yl COVFRAr.FS rcranurxrc unuecr.. rl oxc• ra11 n THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW N ,vE F -EN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITIC N r.- ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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 INSD MD POLICYNUMBER POLICY OFF MMIODIYYYY POLIC EXP MMIDOM'YY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 11000,000 D PREMISES Ea occurrence $ 500,000 CLAIMS -MADE FX—I OCCUR MEO EXP (Any one person $ 20,000 06/05/2025 PERSONAL SADV INJURY $ 11000,000 A Y Y 2024-01391 06/05/2024 GEN'LAGGREGATE LIMITAPPLIES PER: ❑ PRO- GENERALAGGREGATE $ 3.000,000 PRODUCTS -COMP/OP AGG $ 3,000,000 POLICY JECT LOC OTHER: AUTOMOBILE LIABILITYCOMBINED SINGLE LIMIT Ea accident) $ 1,000,000 AWNED BODILY INJURY (Per person) $ A AUTOS ONLY "TOSSCHEDULED 2024-01391 06/05/2024 06/05/2025 BODILY INJURY (Per accident) $ X HIRED NOWOWNED AUTOS ONLY X AUTOS ONLY PROPERTY DAMAGE $ Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ WORKERS COMPENSATION PER T $ AND EMPLOYERS' LIABILITY YIN X STATUTE EROH- E.L. EACH ACCIDENT $ 1,000,000 B ANY PROPRIETOR/PARTNEMEXECUDVE OFFICER/MEMBER EXCLUDED? NIA Y 9100741-23 10/01/2023 10/01/2024 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 ($landatoryln NH) Ifyes,describe H) E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS be. Cyber Liability Limit of liability $1,000,000 C ESM0139762497 09/01/2023 09/01/2024 Deductible $2,500 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached If more space Is required) Insr Ltr:A: Sexual Conduct Liability coverage; Policy #2024-01391; Policy Eff. dates: 06105/2024-06/0512025; Limit: Each Claim: $1,000,000; Aggregate: $1,000,000 Insr Ltr:A: Social Services Professional Liability; Policy #2024-01391; Policy Eff. dates: 06105/2024-06/05/2025: Each Event: $1,000,000; Each Aggregate: $2,000,000 City of Santa Ana is included as additional insured on General liability policy per the attached form. General liability coverage is primary and noncontributory per the attached form. Waiver of Subrogation applies to General Liability and Worker's Compensation policies per the attached forms. 30 Days Notice of City of Santa Ana Risk Management Division 20 Civic Center Plaza Santa Ana, CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELNERED IN ACCORDANCE WITH THE POLICY PRO1 AUTHORIZED REPRESENTATIVE ' REVIEWED&APPROVED BY: o A+.g:4 A Ast a �— Risk Management SpedAut ll ©1988-20' ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD ACOR01 `� AGENCY Newfronl Insurance Services POLICY NUMBER CARRIER AGENCY CUSTOMER ID: 00025528 LOC #: ADDITIONAL REMARKS SCHEDULE NAIC CODE THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance applies to General Liability NAMED INSURED %sian American Senior Citizens Service Center, Inc EFFECTIVE DATE: Page _ of IF os'„^,•�'�"r REVI DD&APrxoVm Br A+ A&w�M( ® Risk Management Specialist 101 (2008101) V 2UUa AG V KU U V Kr V KA l lurv. AN Uyl n� r Ve V l The ACORD name and logo are registered marks of ACORD 101 (2008101) V 2UUa AG V KU U V Kr V KA l lurv. AN Uyl n� r Ve V l The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 2024-01391 COMMERCIAL GENERAL LIABILITY Named Insured: Asian American Senior Citizens Service Center, Inc. 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 SCHEDULE 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. _ �, xleklrtnnagen,entDivielm, y� E AEV EY ED&APPROVeJ aV Risk Management Speaalist CG 20 26 12 19 © Insurance Services Office, Inc., 2012 NONPROFITS INSURANCE -� ALLIANCE OF CALIFORNIA A Head for Insurance. A Heartfar Nonprofits. POLICY NUMBER: 2024-01391 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 other insurance as described in c. below; or BenEvaEo&APPRa BY: A+*4A,a*(- Risk Management Spedalist NIAC-E61 02 19 NONPROFITS INSURANCE �W ALLIANCE OF CALIFORNIA A Head for insurance. A Heartfor Nonprofits. POLICY NUMBER: 2024-01391 (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 I — COVERAGE A— BODILY INJURY AND PROPERTY DAMAGE. (a) Any other insurance available to an additional insured(s) under this Endorsement covering liability for damages which are subject to this endorsement and for which the additional insured(s) has been added as an additional insured by that other insurance. (1) When this insurance is excess, we will have no duty under Coverages Aor 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. N IAC-E61 02 19 r Risk MaugemedDtWs[on Re exm 6 APPRcwm eY., �. ® Risk Manzgement Sperialis[ NMINONPROFITS POLICY NUMBER: 2024-01391 FORM: NIAC-E26 11 17 INSURANCE NAMED INSURED: Asian American Senior Citizens Service Center, Inc. ALLIANCE OF CALIFORNIA A Head for Insurance. A Heartfar 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 i% Apr I ' "MmaganadDMabn ' REVIE &Appmvm BY: A+fr:e Acwula `® Rtsk Management Speddist 01 HOME OFFICE SAN FRANCISCO ALL EFFECTIVE DATES ARE AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME ENDORSEMENT AGREEMENT BROKER COPY WAIVER OF SUBROGATION 9100741-23 RENEWAL NA 1-81-08-39 EFFECTIVE OCTOBER 1, 2023 AT 12.01 A.M. PAGE 1 OF 3 AND EXPIRING OCTOBER 1, 2024 AT 12.01 A.M. AASCSC 850 N BIRCH ST SANTA ANA, CA 92701 ANYTHING IN THIS POLICY TO THE CONTRARY NOTWITHSTANDING, IT IS AGREED THAT THE STATE COMPENSATION INSURANCE FUND WAIVES ANY RIGHT OF SUBROGATION AGAINST, CITY OF SANTA ANA WHICH MIGHT ARISE BY REASON OF ANY PAYMENT UNDER THIS POLICY IN CONNECTION WITH WORK PERFORMED BY, AASCSC IT IS FURTHER AGREED THAT THE INSURED SHALL MAINTAIN PAYROLL RECORDS ACCURATELY SEGREGATING THE REMUNERATION OF EMPLOYEES WHILE ENGAGED IN WORK FOR THE ABOVE EMPLOYER. IT IS FURTHER AGREED THAT PREMIUM ON THE EARNINGS OF SUCH EMPLOYEES SHALL BE INCREASED BY 03%. NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEI LIMITATIONS OF THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED ATTSSAANFRFRANC�ISCOO: 2570 AUTHORIZED REPRESENT IVE SCIF FORM 10217 IRE V.]-20141 OCTOBER 4, 2023 Riak MmcgementDM Ion REVIE &APPRCV®BY: Risk Management specialist PRESIDENT AND CEO OLD DP 217