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HomeMy WebLinkAboutOLIVE CREST (3)INSURANCE ON FILE WORK MAY PROCEED UN tIL INSURANCE EXPIRES _ I b h i 5' CITY CLERK DATE. FED 0 4 1015 o. eacspc,) RECREATION SERVICES AGREEMENT N-2025-026 THIS AGREEMENT is made and entered into on this 22nd day of January, 2025 by and between Olive Crest, a California nonprofit corporation ("Provider"), 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"). 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 active parenting classes for adults 18+ years old. 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 it is knowledgeable in its field and that any services performed by Provider under this Agreement will be performed in compliance with such standards as may reasonably be expected. D. The Parties acknowledge that the City intends to provide recreational activities to the public but must balance the need to comply with all COVID-19 guidance and restrictions. 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. Provider shall not attend a class or teach any class if Provider is sick or has any symptom(s) associated with COVID-19 including but not limited to, fever above 100.4, chills, cough, shortness of breath loss of taste or smell, nausea, muscle or body aches, vomiting, headache, sore throat or diarrhea. d. Provider will not attend class or teach a class if Provider or any member of Provider's household has been asked to quarantine or self -isolate due to symptoms of COVID-19 or a positive test result for COVID-19. Page 1 of 9 e. Provider acknowledges that, to the extent that City is able to and chooses to conduct classes indoors, this Agreement will also cover classes conducted at one of City's recreational centers during the term of this Agreement. f. City reserves the right to change the location(s) at which the services contemplated by this Agreement are provided. g. Provider shall comply with the City's recreation classes policy manual and any other City rules and regulations regarding the operation of recreation classes. 2. COMPENSATION The parties acknowledge the public benefit of classes on active parenting. Given the acknowledged public benefit, Provider is conducting the classes contemplated by this Agreement free of charge. 3. TERM This Agreement shall cornrnence on February 3, 2025 and end on January 31, 2026 unless terminated earlier in accordance with Section 14 below. 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. 5. INSURANCE Provider shall procure and maintain for the duration of the agreement, the following insurance coverages: Minimum Scope & Limit of Insurance. Provider shall maintain limits of insurance coverage in the following minimum amounts and shall be at least as broad as: • Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. Page 2 of 9 • Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with combined single limits of $1,000,000. In the event Provider does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance with existing limits, which can be lower than $1,000,000. • Workers' Compensation (W/C): 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, per employee, per policy for bodily injury or disease. This requirement can be waived if Vendor has no employees. • If Provider maintains broader coverage and/or higher limits than the minimums 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 insurance policies are to contain, or be endorsed to contain, the following provisions: • CGL and AL policies: 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. • All required insurance policies: 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 for City. • All required insurance policies: 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. • All required insurance policies: 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. • Each insurance policy 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 notice 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: Parks, Recreation, & Community Services Agency, 20 Civic Center Plaza, M-23, Santa Ana, CA 92701. The name and location of event should be included in the Description of Operations section of each certificate. Self -Insured Retentions. Self -insured retentions must be declared to and approved by the City. City may require Provider to purchase coverage with a lower retention or provide proof of Page 3 of 9 ability to pay losses and related investigations, claim administration, and defense expenses within the retention. 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 to Entity 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. basis: Claims Made Policies. If any of the required policies provide coverage on a claims -made • The retroactive date must be shown and must be before the date of the contract or the beginning of work. • Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of work. • If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a retroactive date prior to the contract effective date, Company must purchase "extended reporting" coverage for a minimum of three (3) years after completion of work. Subcontractors. Provider shall require and verify that all sub -contractors maintain insurance meeting all the requirements stated herein, and Provider shall ensure that City is an additional insured on insurance required from sub -contractors. 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, 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 Page 4 of 9 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. 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. 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 farther 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 Page 5 of 9 or damages, including those for exposure to or diagnosis with COVID-19 as a result of providing services pursuant to this Agreement. 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(c), 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, CA 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, CA 92702 Page 6 of 9 Fax(714) 571-4211 To Provider: Olive Crest Attn: Donald Verleur, CEO 2130 East 4th Street, Suite 200 Santa Ana, CA 92705 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 party, 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, 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 related to or regarding COVID-19 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 11.b. must be given to the City at least thirty (30) days prior to termination/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: City Clerk FTT*J'J'1T*7A— • .Xv • •:u SONIA R. CARVALHO City Attorney By: Jonathan Martinez Assistant City Attorney RECOMMENDED FOR APPROVAL: Hawk Scott Executive Director of Parks, Recreation and Community Services Agency CITY OF SANTA ANA +N Alvaro Nw*z City Manager PROVIDER J70ilaw vWemt Donald Vedeor (Jan 30, 202511:40 PST) Donald Verleur CEO Page 9 of 9 Exhibit A SCOPE OF SERVICES A. Provider shall conduct Olive Crest Active Parenting Classes for adults 18+ years old. B. Provider shall teach such or similar classes (1) at the times below at facilities to be designated by the City or (2) on a schedule agreed upon by the parties 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. • Active Parenting Classes are held at no cost to participants, ages 18+ years old. Classes are divided into 3 curriculums: First Five Years (ages 0-5), School Age (ages 6-12) and Teens. The curriculum spans between 6-8 weeks and can be held in the following languages: English, Spanish, Vietnamese, Korean, Farsi and Arabic. Free childcare can be provided by Olive Crest staff with advance notice at each location along with city staff present. INSTRUCTOR: Olive Crest Staff LOCATION: El Salvador Center, 1825 W Civic Center Dr. Santa Ana, CA. (714) 647-6558 • Active Parenting Classes will consist of 6-8 week sessions, held 1 day per week, for 2 hours. INSTRUCTOR: Olive Crest Staff LOCATION: Garfield Center, 501 N Lacy St. Santa Ana, CA. (714) 571-4288 • Active Parenting Classes will consist of 6-8 week sessions, held 1 day per week, for 2 hours. INSTRUCTOR: Olive Crest Staff LOCATION: Jerome Center, 726 S. Center St, Santa Ana, CA. (714) 647-6559 • Active Parenting Classes will consist of 6-8 week sessions, held 1 day per week, for 2 hours. INSTRUCTOR: Olive Crest Staff LOCATION: Open to Other Recreation Parks and Centers, Santa Ana, CA, (714) 647-5308 • Active Parenting Classes will consist of 6-8 week sessions, held 1 day per week, for 2 hours. C. Provider shall provide all materials, supplies, equipment, records and personnel. Provider shall be responsible for clean-up of the facilities and materials and shall ensure the safety and effectiveness of instruction. CLASS SIZE & FEES A. Each class must have a minimum of 4 students and no more than 20 students. B. This is a free class and no parties will be charged or collect fees. C. No registration will be accepted after the second meeting of classes. Only registered participants may participate in class. D. If the minimum registration has not been reached by the second class the class shall be cancelled. Provider will be under no obligation to provide services for the cancelled classes. OLIVCRE-01 SLANZAS A`ORO CERTIFICATE OF LIABILITY INSURANCE DAT1/612 DIYYYY) 1/6/2025 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 endorsements . PRODUCER License # 0757776 CANT Acr Stephanie Lanzas HUB International Insurance Services Inc. 4695 MacArthur Court Suite600 Newport Beach, CA 92660 PAHiiNN , E#): (951) 779-8562 jn/c, No E-MAIL D.stephanie.lanzas@hubinternational.com INSURER S AFFORDING COVERAGE NAIC # INSURER A: Mercer Insurance Com an 14478 INSURED INSURER B: Alliance of Nonpronts for Insurance, Risk Retention Group(ANI) 10023 INSURER C: Olive Crest INSURERD: 2130 East Fourth St, Suite 200 Santa Ana, CA 92705 INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION KI"MRFR- 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 ADDLSUBR POLICY NUMBER POLICY EFF POLICY EXPLTR LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR X X PR000180624 101712024 10/712025 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 50000 MED EXP (Anyone arson 2,500 PERSONAL &ADV INJURY 1,000,000 AGGREGATE LIMIT APPLIES PER: POLICY [J yraT F ] LOC GENERAL AGGREGATE 3,000,000 GEN'L X PRODUCTS - COMP/OP ADD 11000,000 Retention 100,000 OTHER: B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident) 11000,000 $X ANY AUTO 2024-02545 101812024 101812025 BODILY INJURY Per persondn BODILY Per acciden OWNED SCHEDULED AUTOS ONLY AUTOS X iINJURY ODactleAMAGE MSRONLY FUTOpNNa UMBRELLA LIAB OCCUR EACH OCCURRENCE AGGREGATE EXCESS LIAB CLAIMS -MADE DED I I RETENTION$ WORKERS COMPENSATION ANDEMPLOVERS'LIABILITY YIN I PER OTH- is . EACH ACCIDENr ANY PROPRIETORIPARTNERIEXECUTIVE PE.L FFICERIMEMBER EXCLUDED? (Mandatory in NH) If yes, describe under NIA E.L. DISEASE - EA EMPLOYE DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT DESCRIPTION OF OPERATIONS LOCATIONS VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) RE: Parenting Education Classes. City of Santa Ana, its officers, agents, employees, volunteers and representatives are Additional Insured with regard to General Liability when required by written contract per the attached endorsement form GLEN703 02122, Primary & Non -Contributory is Included per the attached endorsement form GLEN704 07121. Waiver of Subrogation with regard to General Liability applies when required by written Contract per the attached endorsement form GLEN709 02/22. Should the policies be cancelled before the expiration date, HUB International Insurance Services, Inc. (HUB), independent of any rights which may be afforded within the policies to the Certificate Holder named below, will provide to such Certificate Holder notice of such cancellation within thirty (30) days of SEE ATTACHED ACORD 101 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cif of Santa Ana Y Risk Management Division THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE �iEGt6c( >•; - Santa Ana, CA 92702 ACORD 25 (2016/03) @ 1988-2015 ACORD The ACORD name and logo are registered marks of ACORD 7BVLuisal PR APPROVED AGENCY CUSTOMER ID: OLIVCRE-01 LOC #: SLANZAS AC®RO� ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY License#0757770 NAMEDINSURED HUB International Insurance Services Inc. Olive Crest 2130 East Fourth St, Suite 200 Santa Ana, CA 92705 POLICY NUMBER EE PAGE 1 CARRIER NAIC CODE EE PAGE 1 SEE P 1 EFFECTIVE DATE: SEE THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Llabllity Insurance Description of Operations/Locations/Vehicles: the cancellation date, except in the event the cancellation Is due to non-payment of premium, in which case HUB will provide to such Certificate Holder notice of such cancellation within ten (10) days of the cancellation date. ACORD 101 © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD NAMED INSURED: OLIVE CREST Policy No.: PR000180624 1 1 Endorsement No.: Effective Date of Endorsement: 1 10/7/2024 E703 Blanket Additional Insured Endorsement In consideration of the premium charged, and on the understanding this endorsement leaves all other terms, conditions, and exclusions unchanged, it is agreed the [] Professional Liability [] Sexual Abuse and Misconduct Liability [X] General Liability coverage part(s) is(are) amended as follows: The following is added to the end of Section IV. Insureds: We also agree to defend and indemnify any additional insured in a claim only with respect to your liability that may be imputed to that additional insured directly arising out of: a. a negligent act, error, or omission in your performance of covered services if Professional Liability is selected above; b. your sexual misconduct if Sexual Abuse and Misconduct Liability is selected above; or c. your covered operations if General Liability is selected above but only if subsequent to the execution of your agreement with the additional insured. If. Solely with respect to the coverage provided by this Endorsement, the following is added to Section V. Definitions: Additional insured means any person or organization you have agreed to indemnify or defend under this policy pursuant to a written contract, written agreement, or written permit with such party. III. Solely with respect to the coverage provided by this Endorsement, the following is added to the end of Section VII. Exclusions: We will not pay damages or claim expenses related to any claim or any other covered amounts under this Policy based upon or arising out of: Al 1. the status, acts, errors, omissions, or negligence of an additional insured, its agents, consultants, servants, contractors, or subcontractors, other than the named insured, unless the negligent acts, errors, or omissions are that of the named insured. IV. Solely with respect to the coverage provided by this Endorsement, the effective date stated in Section 3, of the Declarations for the coverage parts indicated above is amended to 101712024. Solely with respect to the coverage provided by this Endorsement, the retroactive date stated in Section a. RETROACTIVE DATE of the Declarations for the coverage parts indicated above is amended to NIA. GL EN 703 02 22 David Egosi Authorized Representative GL EN 703 02 22 NAMED INSURED: OLIVE CREST Policy No.: PR000180624 1 1 Endorsement No.: Effective Date of Endorsement: 10m2024 E709 Blanket Waiver of Subrogation Endorsement In consideration of the premium charged, and on the understanding this endorsement leaves all other terms, conditions, and exclusions unchanged, it is agreed the U Professional Liability 0 Sexual Abuse and Misconduct Liability (X] General Liability coverage part(s) is(are) amended as follows: In Section III. Rights and Duties, 5.OUR RIGHT TO RECOVER is deleted in its entirety and replaced with the following: 5.OUR RIGHT TO RECOVER In the event of any payment under this Insurance, we will be subrogated to all of your rights of recovery against any person or organization, and you agree to execute and deliver instruments and papers and do whatever else is necessary to secure such rights. You agree to do nothing before or after the payment of damages by us to prejudice such rights without our prior written consent. We will reimburse your retention from any amounts recovered in excess of damages and claim expenses we have paid. The foregoing does not apply to any person(s) or organization(s) whom you have agreed to waive your rights of recovery against in a written contract or agreement executed prior to the performance of your covered services or covered operations. Il. Solely with respect to the coverage provided by this Endorsement, the effective date stated in Section 3, of the Declarations is amended to 10/7/2024. III. Solely with respect to the coverage provided by this Endorsement, the retroactive date stated in Section a. RETROACTIVE DATE of coverage parts indicated in the Declarations is amended to N/A. z�)qo David Egosi Authorized Representative 14111111: rtfT11111YA0 NAMED INSURED: OLIVE CREST Policy No.: PR000180624 I I Endorsement No.: Effective Date of Endorsement: 10/7/2024 E704 Blanket Primary/Non-Contributory Endorsement In consideration of the premium charged, and on the understanding this endorsement leaves all other terms, conditions, and exclusions unchanged, it is agreed the [] Professional Liability [] Sexual Abuse and Misconduct Liability [X] General Liability coverage part(s) is(are) amended as follows: In Section Vill. Conditions, 3. OTHER INSURANCE is deleted in its entirety and replaced with the following: 1. OTHER INSURANCE Any payment due under this policy is specifically excess of and will not contribute with any other valid and collectible insurance or self-insurance available to the insured unless such other insurance is written specifically as excess insurance over this policy. However, when we have agreed to defend and indemnify a person or organization as an additional insured, any payment due under this policy will be primary with respect to and will not contribute with any other valid and collectible insurance available to such person(s) or organization(s). II. Solely with respect to the coverage provided by this Endorsement, the effective date stated in Section 2. of the Declarations is amended to 10/7/2024. III. Solely with respect to the coverage provided by this Endorsement, the retroactive date stated in Section a. RETROACTIVE DATE of coverage parts indicated in the Declarations is amended to N/A. David Egosi Authorized Representative GL EN 704 07 21 OLIVCRE-01 KDOHMAN CERTIFICATE OF LIABILITY INSURANCE OAT1512D/YYYY) 71/5/2024 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(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 endorsements . PRODUCER License # 0757776 CONTACT Stephanie Lanzas HUB International Insurance Services Inc. 4695 MacArthur Court, Suite 600 acON EXtI: (951) 779-8562 ac, No): E-MAIPL $$; stephanie.lanzas@hubinternational.com Newport Beach, CA 92660 INSURERS AFFORDING COVERAGE NAIC N INSURER A:Zenith Insurance Company 13269 INSURED INSURER S : INSURER C : Olive Crest INSURER D: 2130 East Fourth Street Suite 200 Santa Ana, CA 92705-3818 INSURER E : INSURER F : COVFRAf:FR CFRTIFICATF NI IlUl DCVIc10M MI IneneD. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTIMTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADOLSUBR POLICY NUMBER POLICYEFF POLICYEXP-LIEL LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR EACH OCCURRENCE $ DAMAGE5 E. ocw ccoD E Ea $ MED EXP (Any one persup $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ❑ j�T LOC OTHER: GENERAL AGGREGATE $ PRODUCTS - COMPIOP AGG $ AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS pp AUTOS ONLY AUTNOS Ot�V COMBINED SINGLE LIMIT accident $ BODILY INJURY Per rson $ BRODILY INJURY Per amdenl $ PPReOPER Y DAMAGE $ UMBRELLA ERB EXCESS LIAR OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED I I RETENTION$ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETggORIPARTNERIEXECUTIVE YIN III alary In NH)EXCLUDED? It yes, describe under DESCRIPTION OF OOF O DESCRIPTION below NIA M1216908 11/112024 11111202$ )t PER OTH- E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYE $ 1,000,000 E.L. DISEASE -POLICY LIMIT 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) For Information Purposes Only. City of Santa Ana 20 Civic Center Plaza M-25 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 REPRESENTATIVE G AL:UKU ZS (2UIbIUJ) © 1988-2015 ACOR The ACORD name and logo are registered marks of ACORD APPROVED By Luisa Na%era at 1:43 pm, Jan 23, 2025