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HomeMy WebLinkAboutTUMBLE-N-KIDS, INC (3)INSURANCE ON FILE N-2024-395 WORK MAY PROCEED UNTIL INSURANCE EXPIRES — 0412lo1ZL—..._� CITY CL DATE. C 17 2024 CITY OF SANTA ANA RECREATION SERVICES AGREEMENT WITH TUMBLE-N-KIDS, INC. FOR YOUTH GYMNASTICS CLASSES 0 '. PKcsiq W Demi puiL ( � THIS AGREEMENT is made and entered into on this 1 Ith day of December, 2024 by and etween Tumble-N-Kids, Inc., a California corporation ("Provider"), and the City of Santa, a charter city and Municipal Corporation organized and existing under the Constitution and laws of the State of California ("City"). City and Provider are also referred to as "the Parties." RECITALS A. The City desires to retain a recreation service provider having special skills, resources and knowledge to provide youth gymnastic classes in its recreation class program. B. Provider represents that it is able and willing to provide such services to the City C. In undertaking the performance of this Agreement, Provider represents that they are knowledgeable in their field and that any services performed by Provider under this Agreement will be performed in compliance with such standards as may reasonably be expected. D. The Parties acknowledge that the City intends to provide recreational activities to the public but must balance the need to comply with all applicable guidance and public health orders. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES a. Provider shall perform those services as set forth in Exhibit A to this Agreement. b. All classes operated pursuant to this Agreement for conducting recreation classes at City facilities, including parks, will comply with all applicable guidance and public health orders, including those from the Centers for Disease Control ("CDC"), California Department of Public Health ("CDPH"), the Orange County Health Care Agency ("OCHCA") and the City itself for as long as those orders and guidance remain in place. Provider will remind participants of these guidelines. To the extent that Provider needs assistance with enforcing any rules or requirements, Provider will contact a City Parks' employee or City security for assistance. c. City reserves the right to change the location(s) at which the services contemplated by this Agreement are provided. d. Provider shall comply with the City's recreation classes policy manual and any other City rules and regulations regarding the operation of recreation classes. Page 1 of 9 2. COMPENSATION a. In consideration for the provision of the programs set forth in Exhibit A, City agrees to pay, and Provider agrees to accept as total payment for their services for the City, seventy percent (70%) of all gross revenue received from program participants. Total annual revenue to Provider shall not exceed Twenty -Five Thousand Dollars and Zero cents ($25,000.00). b. Payment to Provider shall be made monthly within forty-five (45) days following completion of the last class taught by Provider the prior month. City shall be responsible for collecting all fees from program participants. Provider shall not collect fees but will refer all interested participants to City for registration information. c. Provider agrees that City shall retain thirty percent (30%) of all gross revenue received from program participants as an administrative fee. d. City and Provider agree that all payments due and owing under this Agreement shall be made and through Automated Clearing House (ACH) transfers. Provider 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 Provider's account(s) with financial institutions. e. Payment need not be made for work that fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by the City. f. Provider is responsible for payment to substitute instructors and Provider agrees that City is not responsible for payment directly to substitute instructors. 3. TERM This Agreement shall continence on January 1, 2025 and end on December 31, 2025 unless terminated earlier in accordance with Section 14 below. The term of this Agreement may be extended for up to one (1) one-year period upon a writing executed by the City Manager and City Attorney. 4. INDEPENDENT CONTRACTOR Provider shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the manner in which Provider performs the services which are the subject matter of this Agreement; however, the services to be provided by Provider shall be provided in a manner consistent with all applicable standards and regulations governing such services. Provider shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. Provider is not an agent, representative or employee of City and Provider shall have no authority to act on behalf of the City. Page 2 of 9 5. INSURANCE Prior to undertaking performance of work under this Agreement, Provider shall maintain and shall require subcontractors, if any, to obtain and maintain insurance, as described below, for the entire Tenn 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. Total cost of such insurance shall be borne by Provider. Minimum Scope and Limit of Insurance. • Commercial General Liability (CGL): Insurance Services Office Form CG 00 01covering 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 and $2,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies. • Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 per accident for bodily injury and property damage. In the event Provider does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance. • 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, policy or employee, for bodily injury or disease. Coverage is not required if Provider has no employees and signs request to waive such insurance. • Sexual Abuse or Molestation Liability (SAML): If the work will include contact with minors, and the CGL policy referenced above is not endorsed to include affirmative coverage for sexual abuse or molestation, Permittee shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit of no less than $1,000,000 per occurrence or claim. • If Provider maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Provider. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions. The above required insurance policies are to contain or be endorsed to contain the following provisions: • City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Provider including materials, parts, equipment, and personnel furnished in connection with such work or operations. • Provider's Insurance company(ies) agrees to waive all rights of subrogation against 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 Provider under this Agreement. • For any claims related to this contract, Provider'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. Page 3 of 9 A severability of interest provision must apply for all the additional insureds, ensuring that Provider'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. Insurance policy(ies) required 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 shall be provided to City for policy cancellation or non -renewal due to non-payment. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: (Name of Department Staff Responsible for Agreement), 20 Civic Center Plaza M-XX (Responsible Staffs Department Mail Box), Santa Ana, CA 92701. Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to City. Verification of Coverage. Provider shall furnish City 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 before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Provider's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Special Events Coverage. Special events coverage is available and can be purchased by Provider. Use this link to learn more: https://2sparta.com/selip anplication.phhn. Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 6. INDEMNIFICATION Provider agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, Providers, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Provider or its contractors, subcontractors, substitutes, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement, to the extent that the injury, damages, just compensation, restitution, judicial or equitable relief is caused by the negligence of the Provider. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Page 4 of 9 In no case will Provider be required to indemnify or hold harmless the City from injury, damages, just compensation, restitution, judicial or equitable relief caused by the negligence of the City. 7. CONFIDENTIALITY If Provider receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Provider agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information, including but not limited to student records. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Provider disclosed in a publicly available source; (c) is in rightful possession of the Provider without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Provider without reference to information disclosed by the City. 8. COVID-19 ASSUMPTION OF RISK AND WAIVER Provider acknowledges that Provider could be exposed to persons that may have COVID- 19 providing services pursuant to this Agreement. Provider understands that interacting with any person currently comes with the inherent risk of exposure to COVID-19 and that COVID-19 is highly contagious. Provider assumes the risks associated with providing services pursuant to this Agreement, namely potential exposure to COVID-19. Provider acknowledges that while some people have no symptoms or mild symptoms from COVID-19, some people have become seriously ill requiring hospitalization and that some people have died from COVID-19. Provider acknowledges that persons over the age of 65 and persons with underlying health conditions are at greater risk of contracting COVID-19 and are potentially risking serious injury or death. Provider is agreeing to provide classes pursuant to this Agreement and does so of Provider's own free will. Provider intends to be legally bound by this assumption of risk, release and waiver and to bind Provider's heirs, personal representatives, next of kin and anyone who may make a claim on Provider's behalf. Provider knowingly releases and waives any and all claims that Provider may have or could have in the future and includes any claims resulting from potential exposure or actual exposure to COVID-19, this includes claims for personal injury, transmittal of COVID-19 to others, and/or wrongful death. Provider agrees to hold harmless, defend and indemnify the City, its public officials, officers, employees, volunteers, and agents from any and all claims for liability or damages, including those for exposure to or diagnosis with COVID-19 as a result of providing services pursuant to this Agreement. Page 5 of 9 9. CONFLICT OF INTEREST Provider covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. BACKGROUND CHECK Provider shall ensure that all employees, subcontractors, and any volunteers are fingerprinted and background checked prior to conducting any work pursuant to this Agreement. Provider shall not assign any employee, agent, subcontractor, volunteer or the Provider personally to provide services pursuant to this Agreement, if that employee, agent, subcontractor, volunteer, or the Provider personally are required to register as a sex offender under California Penal Code Section 290 et seq, have a conviction for any crime of moral turpitude, have a conviction for a sexual based crime, have a conviction for a violent felony as defined in California Penal Code Section 667.5(c), or has a conviction for a serious felony as defined in California Penal Code Section 1192.7(c). Disqualifying convictions include but are not limited to, violations of California Penal Code Sections 37, 128, 136.1 with Section 186.22, 187, 190-190.4 and 192(a), 205, 206, 207-209.5, 211, 212, 212.5, 213, 214, 215, 218-219, 220, 236.1(b) or 236.1(0), 243.4, 261, 261.5, 273.5, 262, 264.1, 266, 266c, 266h, 266i, 266j, 267, 269, 272, 273a, 273ab, 273d, 285, 286, 288, 288a, 288.2, 288.3, 288.4, 288.5, 288.7, 289, 290, 311.1, 311.2, 311.3, 311.4, 311.10, 311.11, 314, 347(a), 368, 417(b), 451(a),518 with 186.22, 647.6, 65311(c), 664 and 187, 667.5(c), 18745, 18750, or 18755, 12022.53, 11418(b)(1) or (b)(2); Business and Professions Code Section 729. 11. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, California 92702-1988 Fax (714) 647-6956 With copy to: Executive Director Parks, Recreation and Community Services City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, California 92702 Fax (714) 571-4211 Page 6 of 9 To Provider: Tumble — N — Kids, Inc. Attn: Robert Lusk 16802 Lucia Lane Huntington Beach, CA 92647 Phone: (714) 842-3586 or (818) 242-7137 Email: bob@tumblenkids.com A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 12. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Provider regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Provider. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Provider or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any parry, which is not embodied herein. 13. ASSIGNMENT The experience, knowledge, capability and reputation of Provider were a substantial inducement for City to enter into this Agreement. Therefore, except for substitutes listed in Exhibit A, 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. 14. TERMINATION a. This Agreement may be terminated by the City immediately pursuant to any federal, state, county or local health order making it impossible to hold classes. For any other reason, this Agreement may be terminated by City upon thirty (30) days written notice of termination. In such event, Provider shall be entitled to receive, and City shall pay Provider, compensation for all services rendered prior to the effective date of termination. b. Termination or cancellation of classes by the Provider outside of Section 14(a). must be given to the City at least thirty (30) days prior to tennination/cancellation. Failure to provide Page 7 of 9 adequate cancellation notice to the City may put future contracting of business with the City at risk and will result in the City's retention of ten (10%) percent of the final payment to Provider. 15. 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. 16. RECORDS Provider shall use attendance sheets generated and supplied by the City to record attendance in each class. Provider shall keep these and any other records in connection with the work to be performed under this Agreement and shall permit City, upon request, to review such records for a period of three (3) years from the date of final payment to Provider under this Agreement. 17. 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. 18. 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. 19. 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. Page 8 of 9 20. SEVERABILITY In the event that one or more of the phrases, sentences, clauses, paragraphs or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs or sections of this Agreement, which shall be interpreted to carry out the intent of the parties hereunder. 21. EXHIBITS All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 22. AUTHORITY The person(s) executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement, the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney B Jonathan T. Martinez Assistant City Attorney RECOMMENDED FOR APPROVAL: 2514bg/� Hawk Scott Executive Director of Parks, Recreation and Community Services Agency CITY OF SANTA ANA a Alvaro Nunez City Manager ':• /D t TrcwPle—N—ki& Inc. Tumble N-Kids, Inc. (Dec 11. 202416:43 PST By: Robert Lusk Title: CEO Page 9 of 9 EXHIBIT A SCOPE OF SERVICES Exhibit A SCOPE OF SERVICES Program Overview: This Scope of Services outlines the responsibilities and expectations for engagement of Provider to provide gymnastics classes for ages 6 months -17 years at City recreation facilities and parks, as defined below. The aim is to promote health and wellness in the community by offering affordable recreation opportunities that encourage creative activity and teamwork. A. Program and Class Offerings: I. Seasonal programs and class offerings may include, but are not limited to the following class options: i. Tumble Bugs ii. Kartwheel-N-Kids iii. Jammin' Gymnastics iv. Cheernastics v. Junior Olympians vi. Advanced Floor Tumbling ii. Instructor shall teach such or similar classes at available City facilities to be designated by the City on a schedule agreed upon by the parties, in writing, for each class session or term, including the location, specific days and hours when classes will be held, and holidays to be observed, in accordance with City's needs. Provider and City agree that class locations and/or scheduling are subject to change due to unforeseen events or needs beneficial to the class participants. The Parties agree that changes to scheduling or location of classes shall be agreed upon, in writing, prior to the allowance of said change(s). iii. Class Size i. At the City's discretion and upon mutual agreement, the minimum and maximum number of participants required for each class will be determined to ensure the quality and safety of the class participants. ii. Class ratio of participants to instructor(s) will beset for each class to ensure effective instruction and safety based on statewide standards. iii. If the minimum registration has not been reached by the second class, it is up to the discretion of the City upon mutual agreement with Instructor, that the class shall be cancelled. Instructor will be under no obligation to 1 provide services for the cancelled classes, and the City will have no further obligations to pay Instructor compensation for the remaining classes that were cancelled in that session. iv. Class Fees i. Class pricing is dependent on session length per season and subject to City staff approval. Class pricing is limited to no more than a 5% increase annually. ii. Each participant shall pay class registration fees as established by City. Instructor may not waive class participation/registration fees. Only registered participants paid in full may participate in class. ill. Any refunds to participants will be made in accordance with City policy. B. Instructor Responsibilities: Planning and delivering engaging and age -appropriate gymnastics classes as defined by class curriculum and description to be approved by City staff. ii. Ensuring the safety and well-being of all participants during class sessions. ■ Instructor will immediately report to City staff, by phone or email, any injuries as a result of class participation, damages to the facility that could cause potential injury to a class participant and/ or require facility repairs. ■ Instructor will notify parent/ guardian of minors under the age of 18 and city staff regarding any injuries experienced during class. iii. Submitting seasonal program proposals to City staff for seasonal approval of class descriptions, details, and schedules. Proposals must be submitted in writing by way of the provided City form(s) to City staff for review and approval at least 60 days prior to the start of the new season, unless otherwise specified by City staff. City staff will review and approve written proposals based on community needs, facility availability, and alignment with City goals. iv. Adhering to all City policies and procedures related to the use of facilities and interaction with participants. V. Adhering to all City deadlines for required documentation. vi. The instructor's organization is responsible for fingerprinting, monitoring, and managing all staff that will be instructing. 2 vii. Promotion of class(es) with City approved marketing materials outside of City managed platforms. Publicizing on additional channels and networks outside of City platforms is the sole responsibility of the instructor. viii. Instructor shall provide all materials, supplies, equipment, records and personnel. Instructor shall be responsible for repairing and maintaining all equipment and supplies, and ensuring that it is in good working condition. Instructor shall ensure clean-up of the facilities and materials to ensure the safety and effectiveness of instruction. The City will not responsible for any damage, repairs, misplaced, or stolen supplies or equipment, and will not be responsible for storing supplies or equipment. C. City Responsibilities: i. City shall manage participant registration and class information through registration software. Instructor shall be granted access to the class roster on the City registration system and is responsible for tracking attendance. ii. City shall collect all enrollment fees through the registration software. Instructor shall not accept enrollment fees directly from a participant, and shall only collect materials fees that are pre -approved by City and published in advance as a part of the program marketing. Such material fees shall be collected by Instructor at the first scheduled class meeting. No additional fees shall be collected for materials, uniforms, awards, etc. without written approval and advanced advertising. iii. City shall provide publicity for class(es) seasonally in the City's recreation magazine (published seasonally). City shall have the sole discretion to decide what information will be included in the recreation magazine about the class and Instructor. Publicity may also include flyers created by City. Instructor created flyers are encouraged, but must be finalized by City to include use of City logos before distribution. iv. City shall provide a location for the class(es). Instructor will request dates and times for the class(es) seasonally, in writing. The City will confirm the class(es) schedule seasonally. Location selection is based on need, size of class, type of activity and availability, and is reserved at the discretion of the City. V. City shall provide refunds to participants when: The participant formally requests to drop the class before the second schedule class meeting. The class is canceled by City or Instructor. 3 TUMBINC-01 RCROOK AcaRO CERTIFICATE OF LIABILITY INSURANCE DAT3/181202E(M 2(12YYYI 4 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 pollcy(les) 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(a). PRODUCER cT Rhonda Crook _PHONE - - ---. ------ - Tarty L. Green 8 Associates, Inc. wco, Es : . FAX No 3100 Five Forks Trickum Road _ ..... 1.11burn, GA 30047 INSUREflSJAFFGROIND9OVSR8AE__ - _„-___ _ NAICA.. ANsuRERA.StatgNatlonallnsufance_Com�Tany____ 12831 _,_ INSURED mSURER B: Sirius PDlnt 39776 Tumble-N-Kids, Inc. ,IRSURERC 16802 Lucia Lane';.IR$gR.EB_q.:_-___ Huntington Beach, CA 92647 ----------- --------''------'--"------ i.IN$U,REREJ_.._. INSURER F: rnUeoar_ee 1eo1uc.1. re Msuanco. 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. INSRI----� TYPE OF INSURANCEAODLI8U9Nh--------POLICY INSOI _ POLICY NUMBER EFF: POIJGY EXP ^--OMITS --_—__---- A X . COMMERCML GENERAL LIABILITY EACH OCCURRENCE 1,000,000 _ CLAIMSWADE X OCCUR X Ix LOVE-0000011-02#PH-121116 i412612024 4126)2025 DARMLAGBEES OEREaNcTg 300,000 X 1 Abuse/Molestation I 5,000 $1M OCC1$2M AGG . MEGEXPIPnYPr,P Person] _. _._ - - 1;OOU,000 PERGCNAL,,L_AL INJURY S —__ GENL AGGREGATE LIMIT APPLIES PER C_ENERALAG RELATE g 3,000,000 x POLICY PP& LOC - 1'000'000 X OTHER. PROFESSIONAL$IMI$iM PRODUCTS-COMPIOP AGG;$ :PARTICIPANT t,000,000 AUTOMOSILELIABILITY - SINGLE LIMIT --_--_- - ANY AUTO _ _ BODILY INJURY (Pe persont_ OWWE) SCHEDULED Apr�G�O ONLY �AUTOS - BODILY INJURY(Pe Mxidenlj.$ {nU__ AUTOS ONLY AUTONL�Y U'a4a1.Eg�)AAIAGE i UMBRELLA LIr1B .J OCCUR EACH OCCURRENCE_ _. E%CESS LNB CLAIMS -MADE: - .AGGREGATE _ DED I RETENTIONS S WORKERS CUMPENBATION AANNDCEMPLOeYER�S--LIAea.RY PER .OR �- YIN'. ANVPROPRE-TORIPARTNERE%ECUTIVE-- EXCLUDED? NIA ! ,EL. EACHACGIOENT lrnmdatoryffl, DISEASE -_EA EMPLOYEES If yyees. deacdeauMer ,E.L _ _ ___..__ :DESCRIPTION OF OPERATIONS hMow E L DISEASE- POIICV LIMIT B 'PARTICIPANT ACCIDENT iPHSA-BAMH-1024E-24 412612024 412612025 ,EXCESS COVERAGE 25,000 B IDEDUCTIBLE $500 PHSA-SAMH-10248.24 4/2612024 4/2612025 iADBD 10,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schadula, may W eNechad if more s ate is required) Coverage Is provided under this policy for sponsored and supervised activities of the named Insured �or which a premium has boon paid. Youth Recreational Gymnastics - Mobile Program The Certificate Holder Is an additional Insured with respect to the operations of the named Insured City of Santa Ana, Risk Management, it's officers, employees, agents, representatives, and volunteers are covered as additional inured. Certlfcate of Insurance shall provide thirty (30) day prior written notice of Cancellation. Coverage is Primary and Non -Contributory. City of Santa Ana Risk Management Division 20 Civic Center Plaza, 41h Floor Santa Ana, CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016103) © 1988-2015 ACORD CC The ACORD name and logo are registered marks of ACORD ..�� 1,11WIMINNIf 1_ ® RiskMMwgorledDMslon REmEwE06 APPROVED Br. A*juAav44 Risk Management Specialist POLICY NUMBER: OVE-0000011-02 #PH-121116 COMMERCIAL GENERAL LIABILITY CG 20 26 0413 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): City of Santa Ana Risk Management Division 20 Civic Center Plaza 4th Floor, Santa Ana, CA 92702 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section 11 — 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 contract or 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 04 13 © Insurance Services Office, Inc., 2012 ,re^,st Wok Mwugunmt.."S'n - RwEwED & APPRovED aY: 9 A, ju A,4%4 ®' Risk Management Spetlkist - POLICY NUMBER: OVE-0000011-02 #PH-121116 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL NOTICE OF CANCELLATION (AMENDMENT OF CANCELLATION CONDITION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS ! COMPLETED OPERATIONS COVERAGE PART SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS and/or SECTION IV — PRODUCTS/COMPLETED OPERATIONS LIABILITY CONDITIONS is amended to include the following additional condition: In the event that we cancel this policy for any reason, other than for the nonpayment of premium, we will provide advance written notice of such cancellation to the entity(ies) or individual(s) shown in the Schedule below in accordance with the number of days stated. Entity or Individual: City of Santa Ana SCHEDULE Address: Risk Management Division 20 Civic Center Plaza 4th floor Santa Ana, CA 92702 Number of Days Advance Written Notice of Cancellation (Other Than Nonpayment of Premium): 30 CG-GL-CW-0031 (12120) Includes material copyrighted by ISO Properties, Inc., with its permis RiskMmugMWdDK49bn RE exm 6 APPRovm Br. ® Risk Management Speaahst POLICY NUMBER: OVE-0000011-02 #PH-121116 COMMERCIAL GENERAL LIABILITY CG 24 04 1219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person(s) Or Organization(s): City of Santa Ana Risk Management Division 20 Civic Center Plaza 4th floor, Santa Ana, CA 92702 [Information required to complete this Schedule if not shown above will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. CG 24 04 12 19 © Insurance Services Office, Inc., 2018 Risk MvwganadDMsisn km & APPRo Br. c �. Risk Management Spedalist ACORba CERTIFICATE OF LIABILITY INSURANCE la.� DATE IMMIDDMYY) 1 2/14/2024 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) 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 lion of such endorsement(s). PRODUCER NAMECT Fay Schwartz PHONE 760 431 -0947 Fpc No: 760 -4007 INSZONE INSURANCE SERVICES LLC MoARUS5, FSchwartz inszoneins.com 2721 Citrus Rd, Ste A INSURERS AFFORDING COVERAGE NAICft Rancho Cordova, CA 96742 INSURERA: Markel Insurance Company License #:OF82764 INSURED INSURERS: INSURERC: Tumble-N-Kids Inc. INSURERD: 16802 Lucia Lane INSURERE: Huntington Beach, CA 92647 INSURER F: CA 92647 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 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, EXCLUSIONSAND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR T TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MMIDDAFYYYt POLICY EXP IMMIDDIYYYYL LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS -MADE D OCCUR EACH OCCURRENCE $ DAMAGE TO RENTED PREMISES Ea occurrence $ GENT MED EXP (Any one person) $ PERSONAL &ADV INJURY $ AGGREGATE LIMIT APPLIES PER: POLICY ❑ ECT PRO- ❑ LOC OTHER: GENERAL AGGREGATE $ PRODUCTS-COMPIOP AGG $ $ AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY COMBINED SINGLE LIMIT Ea accltlenl $ BODILY INJURY (Per person) $ BODILY INJURY (Par accltlenl) $ PROPERTY DAMAGE Per accident $ UMBRELLA LIAB EXCESS EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY OFFICERIMEMBEERIEXCLUDEDRECUTIVE F—Y] (Mandatory in NH) It yes describe once, DESCRIPTION OF OPERATIONS below NIA Y MWC0122721-07 211412024 2114/2025 PET X STATUTER OERH- E.L. EACH ACCIDENT $ 11000,000 E.L. DISEASE- EA EMPLOYEE $ 1,000,000 E.L. DISEASE -POLICY LIMIT $ 1000000 DESCRIPTION OF OPERATIONS LOCATIONS I VEHICLES ACORD 101, Additional Remarks Schedule, maybe allachad if more space is required) CITY OF SANTA ANA RISK MANAGEMENT DIVISION 20 CIVIC CENTER PLAZA, 4TH FLOOR SANTA ANA, CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. All rinhts reswrved_ ACORD 26 (2016103) The ACORD name and logo are registered marks of ACORD WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY MWC 1400 05 10 BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA 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 any 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.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Premium: The additional premium charge for this endorsement shall be 3 percent of the California Workers' Compensation premium otherwise due subject to a minimum premium of $750 per policy. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 02/14/2024 Insured: TUMBLE-N-KIDS, INC. Insurance Company: Markel Insurance Company Policy No. MWC0122721-07 Endorsement No. Countersigned by Premium $(See Attached) MWC14000510 Includes copyrighted material of National Council on Compensation Insurance with its permission Page 2 of 2 Copyright 1983 National Council on Compensation Insurance. Auto Liability (Non -Use Agreement) Date //F/a-v City of Santa Ana Risk Management Division 20 Civic Center Plaza Santa Ana, CA 92702 Re: Auto Insurance Requirement Dear City of Santa Ana Risk Management Division: �UH6LC S^"c'has intent to enter inn agreement with the City of Santa Ana. Throughout the course of this agreement, i itl" k -N -�•44„%pttests to the following: will not use/drive any vehicle during the course and scope of the services provided in the agreement/contract. 2. u h.3�E'n/_G ice, Zac_, will not use any owned/rented/leased vehicles during thecourse and scope of the services provided in the agreement/contract. i 3. �, c . consultants/independent contractors/employees utilize their personal vehicles/non-company owned, borrowed, or rented/leased vehicles for transportation to and from work and if applicable carry their own automobile insurance. By signing below, I, 2o-445�inT -A. &147Xattest that I possess the legal authority to enter into an agreement with the City of Santa Ana as well as the legal authority to attest to the statements above. If at any time it is found that is not adhering to any/all statements in this document and has not provided the minimum Auto liability insurance coverage of $1 million per occurrence, the contract will be considered null and void andthe company will be held fully liable for any and all damages. Signature Name: -403e-Ar-A. L-":59 Job Title: C_E a Company Name: ! 3u - -lG,rs mod, Contact Phone: -7I / - f 2 - 3 SW Email Address: A4 y ACCORD CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDNYYY) 2/14/2025 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 INSZONE INSURANCE SERVICES LLC 2721 Citrus Rd, Ste A Rancho Cordova, CA 95742 License #:OF82764 NAME: C Fa Schwartz PHONE 760 431-0947 FVC. Nu: (760) 687-4007 an a s: FSchwartz inazoneins.com INSURERS AFFORDING COVERAGE NAIL 0 INsLrRERA: Markel Insurance Company INSURED Tumble-N-Kids Inc. 16802 Lucia Lane Huntington Beach, CA 92647 CA 92647 INSURER B : INSURER C : INSURERD; INSURER E ; INSURER F : rvwwr• 1,tanrror=rc: 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. 1LTR NSR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF !_J I POLICY EXP immlpyyyyyt LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR EACH OCCURRENCE $ DAMAGE TO RENTED PREMISES Ea occurrence $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENT. AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ POLICY ❑ PRO- PRODUCTS - COMPIOP AGG $ JECT LOC OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ ANY AUTO BODILY INJURY (Per Person( $ OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS HIRED NON -OWNER AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE $ Pet ace dent $ UMBRELLA LWa OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LMS CLAIMS -MADE OEO RETENTION$ _ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y t N STATUTE OR E'L. EACH ACCIDENT $ oQQ 00Q A ANY PROPRIETOWPARTNERIEXECUTIVE OFFICERNEh9BER FXCLUDED? NIA Y MWC0122721-08 2/14/2025 211412025 E.L. DISEASE -EA EMPLOYE $ 1 000 000 (Mandatory in NH) If yes, describe under E.L. DISEASE -POLICY LIMIT $ 1 D0Q 000 DESCRIPTION OF OPERATIONS below Digi ally signed TU Trdn byT Ngu Tran en DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) YUYC112025.02.21 10:15:20-08'00' APPROVED By Tu Tran Nguyen at 10:14 am, Feb 21, 2025 City Of Santa Ana Santa Ana, Parks, Recreation and Community Services 20 Civic Center Plaza Santa Ana, CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED C�} 19$8.2/15 ACORD'CORPQRATION. All rights reserved, ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY MWC 1400 05 10 BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA 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 any 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.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Premium: The additional premium charge for this endorsement shall be 3 percent of the California Workers' Compensation premium otherwise due subject to a minimum premium of $750 per policy. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 02/14/2025 Insured: TUMBLE-N-KIDS, INC. Insurance Company: Markel Insurance Company Policy No. MWC0122721-08 Endorsement No. Countersigned by Premium $(See Attached) MWC14000510 Includes copyrighted material of National Council on Compensation Insurance with its permission Page 2 of 2 Copyright 1983 National Council on Compensation Insurance. Auto Liability (Non -Use Agreement) Date City of Santa Ana Risk Management Division 20 Civic Center Plaza Santa Ana, CA 92702 Re: Auto Insurance Requirement Dear City of Santa Ana Risk Management Division. Tumble-N-Kids, Inc. has intent to enter into an agreement with the City of Santa Ana. Throughout the course of this agreement, Tumble-N-Kids, Ir attests to the following: 1 Tumble-N-Kids, Inc. will not use/drive any vehicle during the course and scope of the services provided in the agreement/contract. 2 Tumble-N-Kids, Inc. will not use any owned/rented/leased vehicles during thecourse and scope of the services provided in the agreement/contract. 3. Tumble-N-Kids, Inc. consultants/independent contractors/employees utilize their personal vehicles/non-company owned, borrowed, or rented/leased vehicles for transportation to and from work and if applicable carry their own automobile insurance. By signing below, 1, Robert A. Lusk attest that I possess the legal authority to enter into an agreement with the City of Santa Ana as well as the legal authority to attest to the statements above. If at any time it is found that is not adhering to any/all statements in this document and has not provided the minimum Auto liability insurance coverage of S I million per occurrence, the contract will be considered null and void andthe company will be held fully liable for any and all damages. Signature: 4 Name: Rob rt . Lusk Job Title: CEO Company Name: Tumble-N-Kids, Inc. Contact Phone: 714-842-3586 Email Address: bob@tumblenkids.com --­1 TUMBINC-01 RCROOK 0A4►(111111 15122025�) '`,� �� 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: 9 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 endomement(s). PRODUCER c 9cT Rhonda Crook Terry L. Green & Associates, Inc. 3100 Five Forks Trickum Road Suite 101 PHONE FAX (AIC, No, Exd): (AIC, No); n ; Lllburrl, GA 30047 INSURE S AFFORDING COVERAGE NA1C P INSURER A: Sirius Point 38776 INSURED INSURER B : INSURER C : Tumble-N-Kids, Inc. INSURER D : 16802 Lucia Lane Huntington Beach, CA 92647 INSURER E INSURER F : COVERAGES CFRTIFICATF NIIURFR- tawrcrnN MI JIU01=0 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 ADDL SUER POLICY NUMBER POLICY EFF POLICY EXPLTR LIMBS A X COMMERCIAL GENERAL UA13 LM CLAIMS -MADE ® OCCUR Abuse/Molestation X X PLH01GL00003941 4/26/2025 4/26/2026 EACH OCCURRENCE $ 1,000,000 DA MAGETORENTEDn $ 300,000 X MED EXP (Any oneperson) $ 5,000 X $1M OCC/$2M AGG PERSONAL BADVINJURY 1,000,000 $ GEN'L X AGGREGATE LIMIT APPLIES PER: POLICY PR T LOC OTHER: PROFESSIONAL $1 M1$1 M GENERAL AGGREGATE $ 3,000,000 PRODUCTS-COMP/OP AGG $ 1,000,000 X PARTICIPANT 11000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ BODILY INJURY Per $ ANYAUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY BODILY INJURY Per accident $ Per = AMAGE $ AUTOS ONLY AUTOS ONLD UMBRELLA L1Ae OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNERIEXECUTIVE FQE I� � E�MNE)' EXCLUDED? N / A PER OTH STA R E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ (Ma ifes, describe under y E.L. DISEASE - POLICY LIMIT DESCRIPTION OF OPERATIONS below A Participant Accident PHSA-BAMH-10248-25 4/26/2025 4/2612026 Excess Coverage 25,000 A Deductible $500 PHSA-BAMH-10248-25 4/26/2025 4/26/2026 AD&D 10,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more is uired) Coverage is provided under this policy for sponsored and supervised activities of the named °insured or Whicl a premium has been paid. Youth Recreational Gymnastics - Mobile Program The Certificate Holder is an additional insured with respect to the operations of the named insured Digitally sign Tu Tran TuTran Ngu "City of Santa Ana, its City Council, officers, officials, employees, agents, and volunteers." Date: 2025.0 Certificate of Insurance shall provide thirty (30) day prior written notice of cancellation. N g u ye n i 2:ss:52 -07 Coverage is Primary and Non -Contributory. APPROVED ?d by By Tu Tran Nguyen at 12:31 pm, Apr 16, 2025 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attention: Parks, Recreation, and Community Services Agenc ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza, CA 92T01, M-23 Santa Ana, CA 92702 AUTHORIZED REPRESENTATIVE ACORD 25 (2016103) 01988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: PLH01 GL00003941 COMMERCIAL GENERAL LIABILITY CG 20 26 0413 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): City of Santa Ana, its City Council, officers, officials, employees, agents, and volunteers 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 contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement applicable Limits of Declarations. shall not increase the Insurance shown in the CG 20 26 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: PLH01GL00003941 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV - Conditions: If, prior to the time of an "occurrence", you waive any right of recovery against a specific person or organization for injury or damage as required under an "insured contract", we will also waive any rights we may have against such person or organization. PH-GL-CW-0117 (04/22) Includes copyrighted material of Insurance Services office, Page 1 of 1 Inc., with its permission. ©2022 SiriusPoint America Insurance Company All Rights Reserved. May not be copied without permission.