HomeMy WebLinkAboutEAST LOS ANGELES CLASSIC THEATREAGREEMENT TERMINATION }} '�}}pp
Please complete this form when the attached agreement is no longer in effect. CIT£" ;s`f;`y
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Return form to the Deputy Clerk of the Council (M -30). Call 647 -5238 if you have any questions.
The agreement with
No. — U L ?��} i� RDD g —/0-7 was completed on
and final payment has been made.
Department: IF W; i,�+
Signature: �dLQU�A �1�i/i
Date: 1 0?` n 11 r)
City of Santa Ana
Clerk of the Council
Revised 05 -22 -08
e9/22/2ees 12:54 ge9393e943
INSUR~NC~ ~ni ON FILE
WORK MAY NOOfPROCEED
CLERK OF C UNCll
DATE: '1-.;1 -of! CONSULTANT AGREEMENT
0: fo,ks I{ Rec. (~)
6.- ilL -1ho...,pk,,,s THIS AGREEMENT, made and entered into this I O'h day of September, 2008 by and
betw n East Los Angeles Classic Theatre, a California 501(c)(3) non-profit organization
,
(hereinafter "Consultant") and the City of Santa Ana, a charter city and mun icipal corporation
organized and existing under the Constitution and laws of the State of California (hereinafter
"City"),
REC~ALS
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N.2008.127
A, The City desires to retain a consultant having special skill and knowledge in the field of
providing language arts curriculum through theater production,
B. Consultant represents that Consultant is able and willing to provide such services to the
City.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
! expected from a professional consulting firm in the field.
NOWITHEREFORE, in consideration of the mutual and respective promiseB, and subject to the
terms ~d conditions hereinafter set f01th, the parties agree as follows:
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I. j SCOPE OF SERVICES
Consultant shall provide a "Language in Play" residency at Fremont Elementary School
and st go a production of Much Ado About Nothing, as set forth in Exhibit A to this Agreement.
2. COMPENSA nON
a. City agrees to pay, and Consultant agrees to accept as total payment for its services,
the rat s and charges identified in Exhibit A. The total sum to be expended under this
Agree1l1ent shall not exceed $20,000.00 during the term ofrhis Agreement.
lb. Payment by City shall be made within thirty (30) days following receipt of proper
invoic evidencing work performed, subject to City accounting procedures. Payment need not
be made for work which fails to meet the standands of performance set forth in the Recitals
which fuay reasonably be expected by City.
3. rkRM
I This Agreement shall commence on the date first written above and terminate on June 30,
2009, Jnless terminated earlier in accordance with Seetion 12, below. The term of this
AgreClhent may be extended upon a writing executed by the Executive Director of Parks,
Recreation and Community Services Agency and the City Attomey.
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4. 'INDEPENDENT CONTRACTOR
J Consultant shall, during thc cntire term ofthis Agreement, be construed to be an
inde ndent contractor and not an employee ofthe City. This Agreement is not intended nor
shall il be construed to create an employer-employee relationship, a joint venture relationship, or
to a1ldw the City to exercise discretion or control over the professional manner in which
ConsJltant performs the services which are the subject matter of this Agreement; however, the
servicl,s to be provided by Consultant shall be provided in a manner consistent with all
applichblc standards and regulations governing such services. Consultant shall pay all salaries and
wages! employer's social security taxes, unemployment insurance and similar taxes relating to
emplo~ees and shall be responsible for all applicable withholding taxes.
5. j INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall
maint in and shall require its subcontractors. ifany, to obtain and maintain insurance as
deseriH.ed below:
Ja. Commercial General Liability Insurance. Consultant shall maintain commercial
gener liability insurance naming the City, its officers, employees, agents, volunteers and
repres6ttatives as additional insured(s) and shall include, but not bc limited to protection against
c1aims.,!arising from bodily and personal injury, including death resulting tI1erefrom and damage
to pro~, resulting from any act or occurrence arising out of Consultant's operations in the
perfo,.;\,ance of this Agreement, including, without limitation, acts involving vehicles. The
amoun6 of insurance shall be not less than the following: single limit coverage applying to
bodily land personal injury, including death resulting therefrom, and property damage, in the total
amount of $1,000,000 per occurrenee. Consultant shall supply City with a fully executed
additidnal insured endorsement in substantially the form attached hcreto as Exhibit B upon
executlon of this Agreement and shall be approved in form by the City Attorney.
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: b. Worker's Compensation Insurance. In accordance with the provisions of Section
3300 of the Labor Code, Consultant, ifConsu]tant has a11y employees, is required to be insured
againsti liability for worker's eompensation or to undertake self-insurance. Prior to commencing
the performance of the work under this Agreement, Consultant agrees to obtain and maintain any
emplo~er's liability insurance with limits not less than $1,000,000 per accident.
lc. The following requirements apply to the insurance to be provided by Consultant
puraua t to this section:
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(i) Consultant shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved in form by the City Attorney.
(iii) Certificates and policies shall state that the policies shall not be canceled
or reduced in coverage or changed in any other material aspect without
thirty (30) days prior written notice to the City.
I d. If Consultant fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proofthat insurance has been procured
and is lin force and paid for, the City shall have the right, at the City's election, to forthwith
termin~te this Agreement. Such termination shall not effect Consultant's right to be paid for fls
time ahd materials expended prior to notification of termination. Consultant waive..q the right to
receivt compensation and agrees to indemnifY the City for any work performed prior to approval
of insJrance by the City.
6. INDEMNIFICATION
Consultant agrees to and shall indemnifY and hold harmless the City, its officers, agents,
emplo ecs, consultants, special counsel, and representatives from liability (I) for personal injury,
damages, just compensation, restitution, judicial Or equitable relief arising out of claims for
pcrsonkl injury, including health, and claims for property damage, which may arise from the
direct ~r indirect operations of the Consultant or its contractors, subcontractors, agents,
emplo*ees, or other persons acting on their behalf which relates to the services described in
sectioJ 1 of this Agreement; and (2) from any claim that personal il1jury, damages, just
compchsatlon, restitution, judicial Or eqUitable relief is due by reason of the terms of or effects
arisinglfrom this Agreement. This indemnity and hold harmless agreement applies to all claims
for darlIages, just compensation, restitution, judicial or equitable relief suffered, or alleged to
have b6en suffered. by reason of the events referred to in this Seetion Or by reason of the terms
of, or e!ffects, arising from this Agreement. The Consultant further agrees to indemnify, hold
harmleks, and pay all costs for the defense ofthe City, including fees and costs for special
counsel to be selected by the City, regarding any action by a third party challenging the validity
ofthis J.\greement, or asserting that personal injury, damages, just compensation, restitution,
judicial or equitable relief due to personal or property rights arises by reason of the terms of, or
effects arising from this Agreement. City may make all reasonable decisions with respect to its
represehlation in any legal proeeeding.
7. jCONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
inform tion is reasonably understood to be confidential andlor proprietary, Consultant agrees
that it sballnot use or disclose such information except in the performance of this Agreement,
and furtner agrees to exercise the same degree of care it uses to protect its own infOlmation of
like importance, but in no event less than reasonable care. "Confidential Information" shall
include all nonpublic information. Confidential information includes not only written
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,
,1M, b~.... "'''_00 ....""" m.lly, ,',,,II,, .,,,,,,,,..11,, M by 0<],., m_.
Confitlential infonnation disclosed to either party by any subsidiary and/or agent of the other
party is covere~ by this Agreement. The foregoing obligations of non-Use and nondisclosure
shall tlot apply to any information that (a) has been disclosed in publicly available sources; (b) is,
throu~h no fault ofthc Consultant disclosed in a publicly available source; (c) is in rightful
possession of the Consultant without an obligation of confidentiality; (d) is required to be
discloked by operation of law; or (e) is independently developed by the Consultant without
referehce to information disclosed by the City.
8. dONFLICT OF INTEREST CLAUSE
lconsultant covenants that it presently has no interests and shall not have interests, direct
or indi eet, which would conflict in any manner with performance of services specified under
this Akreement.
9. lNOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agree ent shall bc in writing and shall be deemed to bc properly given if delivered in person or
mailed! by first class or certified mail, postage prepaid, or sent by telefacsimile or other
telegra~hic communication in the manner provided in this Section, to the following persons:
To CiJ: Clerk of the City Council
I City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
telefacsimile (714) 647-6956
With curtesy copies to:
Executive Director of Parks, Recreation and Community Services
City of Santa Ana
20 Civic Center Plaza (M-23)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 571-4221
d
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
telefllC8imilc (714) 647"6515
To Con ultant:
East Los Angeles Classic Theatre
Angel Weimer
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761 Terminal Street, Bldg. 1, 2nd Floor
Los Angeles, California 90021
Telefacsimile (213) 572-0125
A party may change its address by giving notice in writing to the othcr party. Thereafter,
any c mmunieation shall be addressed and transmitted to the new address. If sent by mail,
eomm~nieation 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
addrdsed as set forth above. If sent by telefacsimile, communication shall be effective or
deemdd to have been given twenty-four (24) hours after the time set forth on the transmission
report iissued by the transmitting facsimile machine, addressed as set forth above. For purposes
of caldulating these time frames, weekends, federal, state, County or City holidays shall be
excluded.
10. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consu tant, and supersedes any and all other agreements, oral or written, bctween the parties. In
the evdnt ofa conflict between the terms of this Agreement and any attachments hereto, the
terms ~fthis Agreement shail prevail. This Agreement may not be modified except by written
instrurbent signed by the Cily and by an authorized representative of Consultant. The parties
agree that any terms or conditions of any purchase order or other instrument that are inconsistent
with, 0\- in addition to, the terms and conditions hereof, shall not bind Or obligate Consultant nor
the Cil~. Each party to this Agreement acknowledges that no representations, inducements,
promisb or agreements, orally or otherwise, have been made by any party, or anyone acting on
behalf bf any party, which are nol embodied herein.
11. A~SJGNMENT
,
IInasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
writtenl consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement
shall b<! construed to limit the City's ability to have any of the services which are the subject to
this Ag~eement performed by City personnel or by other consultants retained by City.
12. ~ERMINATION
This A~eement may be terminated by the City upon thirty (30) days written notice of
termil1lltlon. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compertsation for all services pcrfOlmed by Consultant prior to receipt ofSuch notice of termination.
13. brSCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital
status, Jexual odenlAtio", age, national origin, ancestry, or disability, as defined and prohibited
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byap licable law, in the recruitment, selection, training, utilization, promotion, termination or
other mployment related activities. Consultant affirms that it is an equal opportunity employer
and sHall comply with all applicable federal, state and local laws and regulations.
14. JURISDICTION - VENUE
This Agrecmcnt has been executed and delivered in the State of California and the
validi , interpretation, performance, and enforcement of any of the clauses of this Agreement
shall ~e determined and governed by the laws of the Statc of California. Both parties further
agree Ihat Orange County, California, shall bc the venue for any action Or proceeding that may
be bro6ght or arise out of, in connection with or by reason of this Agreement.
15. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permit!, approvals, waivers, and exemptions nece,~sary for the provision of the services
hereun~er and required by the laws and regulations of the United States, thc State of California,
the Cit~ of Santa Ana and all other governmental agencies. Consultant shall notif'y the City
immeliiately and in writing of its inability to obtain or maintain such permits, licenses, approvals,
waivert., and exemptions. Said inability shall be cause for termination of this Agreement.
16. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warral1t.~ that its signature hereinbelow has the power,
authori and right to hind their respective parties to each of the tenns of this Agreement, and shall
indemrlifY City fully, including reasonablc costs and attorney's fees, for any injUlies or damages to
City in ~e event that such authority or power is not, in fact, held by the signatory or is withdrawn.
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lb. All Exhibits reterenced herein and attached hereto shall be incorporated as jf fully set
forth in the body of this Agreement.
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IN WiTNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
AJST;
_~~ ~/ ~J1e~
-\Iv P A TRlCIA E. HEAL Y
Clerk bf the Council
APPRL'D AS TO FORM
JOSE~H W. FLETCHER
City Attorney
J~ & /
By:~.;J;UAO',,"" ~/
Lau a Sheedy !
Assisulnt City Attorney .
REcoLND~D FOR APPROYflL:
11 Uc~k- ~
ERARDO MOUET
Executive Director. PRC
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CITY OF SANTA ANA
tL/flt2-
DAVIDN,REAM
City Manager
EAST LOS ANGELES
CLASSIC THEATRE
.....
/; . i J
i/z4i, U?hL/ "-
ANGELA WEIMER
Executive Director
Tax ID#
1.r:4S31-.Jf 2/
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EXffiSIT A
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ConsJltant ("ECT") will provide one 64-hour Languagc In Play (LIP) residency at Fremont
Elem~ntary School during the 2008/09 school year. LIP residencies dcliver classes incolJ'orating
actingl directing, creative dynamics and playwriting into the standard languagc arts curriculum,
with OCT actor/teachers working in collaboration with classroom teachers to structure and build
cunic~lum choices. Said residency wi II be provided as an after-school program. Fremont
ElemclJtary administration will make the determination of which 30 students shall be involved in
the LIP program and assign two teachers to assist during the after school sessions. ECT will
work dlosely with the school and the designated teachers to develop a schedule of education and
prcsentation for the program. The LIP residency shall culminate in a performance at the EI
Salvador Recreation Centcr. Said performance shall be acted by the students for family and
commLnity members.
ECT akrecs to accept $10,000 as full compensation for all services required to provide the
Langu*ge in Play residency.
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At a dJte agreed between City and ECT, during the instruction of LIP residency, ECl' wi II
perforrh a fully mounted, professional production of an adaptation of Much Ado Ahout Nothing
by William Shakespeare. ECT's Much Ado A hout Nothing is a Mariachi musical adaptation,
created in collaboration with Jose Hernandez of Mariachi Sol de Mexico, is set in early
Califorhia following the great Battle of Puebla. The production provides an introduction to the
arts and crafts of live theatre, stressing the importance of communication skill.5 and education in
the pUl~uit of life goals. Study guides arc made available to participating teachers as
supplert,ents to their class work, with activities that concentrate on reading comprehension,
vocabulary and public speaking.
ECT aJrees to accept $10,000 as full compensation for its presentation of Much Ado About
Nothing.
'1
The sixleen (16) week LIP residency is scheduled for Tuesday and Thursday afternoons,
commchcing September 23, 2008 through February 13, 2009, with breaks for Thanksgiving
week a~d three weeks at Christmas. The performance of Much Ado About Nothing shall be
schedulbd during November, at a time mutually agreed by the parties, at the Santa Ana High
School ~erforming Arts Auditorium. The parties may mutually agree to adjust the schedule if
,
necessary to accommodate the curriculum of the program andlor Fremont Elementary School.
SCOPE OF SERVICES
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EXHffin B
ADDITIONAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL LIABILITY {'OLlCY
Insurance Company
I
This endorsement modifies such insurance as is afforded by the provisions of Policy
/I I relating to the following:
,
il. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its
officcr , employees, agents, volunteers and representatives are named as additional insureds
("additional insureds") with regard to liability and dcfense of suits arising from the opel'ations
and usds performed by or on behalf of the named insured.
i
12. With respect to claims arising out of the operations and uses performed by or on
behalf ,[,fthe named insured, such insurance as is afforded by this policy is primary and is not
additio~aJ to or contributing with any other insurance earned by Or for the benefit of the
additioAaJ insureds.
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~. This insurance applies separately to each insured against whom claim is made or
suit is ~rought except with respect to the company's limits of liability. The inclusion of any
person br organization as an insured shall not affect any right which such person or organization
would Have as a claimant if not so included.
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,
4. With respect to the additional insureds, this insurance shall not be cancelled, or
materially reduced in coverage or limits except after thirty (30) days written notice has been
given tel the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701.
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(Compl6tion of the following, including coulltersignature, is required to make this endorsement
effective.)
EffectJ
Policy #1.
Issued to
I
. this endorsement form as a part of
Named Insured
Countersigned by
Authorized Representative
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fjkQRD. CERTIFICATE OF LIABILITY INSURANCE CJl> III LM I IlAT'EIMM/lIOIYYVV)
BASTL-2 09/16/08
PftODUO~ I nlls CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO
INvENSURE lns~ranoe ~rokers ONLY AND CONFERS NO RiGHTS UPON THE CERTIFICATE
HOlDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
17912 Mitcheli SQQth ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
Irvine CA 926i4-6014
~Qne:949-75G-4100 Fax: 949-756-4199 INSURERS AFFORDING COVERAGE NAICII
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INSUFtE:;O East l.~. Classle Theatre INGll..IRMA IhilWlphb. l:IlAU~1!lfte(I QDlIl".
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Lena san~e~ fMS378 Co:<p INSUReR 0,
2168 Sou ~tlantie 81vd. INSURER D:
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COVERAGES
THE POlICIES OF INsORANre LISTEO eaow !-lAVE BeI":N 1S$1.l~ TO 11'IE INSl.JFlE!O NAM:D ABOVE FOR THE POUOY PliR10D INOICAliig, NO'l"Wf'I"tiSTANDING
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Prof loial:>
CERTIFICATE HOLDER
I
City ol San~a Ana
At.t.n PArks & ~e:~a.tiOD
20 Civic Cente~ pl~~a
Santa Ana CA 92701
CANCELLATION
:;JoIOULD ANY ~ TtU; AIi'QVf:: DISSCRIBf!D ~OLtc1U aE CANCEllI!O BElFO'fIIE THE EXPlRATICN
DATE! TMl!RImF, THE ISSUING tN$URER WILL ~N~EAVOR TO MAJI. 30 ~ DAYS W!:ttTreN
NOTICE TO THE CEJmFlCATE HOLl)!~ ~MED TO TH'r: lSl1, IWt (""AI....mE TO DO so SHAll.
IMPOSE NO OBLIGAtION Oft LIAB1L.lTY OF ANY KINO Uf"OId tHti IN$UREA,ITS AGENTS 011:
RSf'ft~l';l.Ir"TlVi"S,
^u ATPVE
CTYSA-l
ACORD 25 (2001/08)
@ACORDCORPORATION 1988
0g/22/2008 12:54
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PAGE 12/14
STATE HOME OFHCt SAN FRANCISCO I ANNUAL RATING ENDORSEM~NT
C::OMPENSA...ION IT IS AGREED THAT THE CLASSIFICATIONS AND RATES PER $100 OF REMUN~RATION APPEARING
INSURANcr;;
FUND IN TilE CONTINUOUS POLICY ISSUED TO THIS ~MPLOYER ARE AMEND~D AS SHOWN BELOW.
~~ ARE YOUR NEW RATES FOR THE PERIOD INDICATED. IF YOUR NAME OR ADDRESS SHOULD
BE I CORRECTED OR IF INSURANCE IS NOT NEEDED FOR NEXT YEAR, PLEASE TELL Us.
IMPORTAN..,! CONTINUOUS POLICY 469-07
II THIS IS NOT A BILL CALIFORNIA PRIVATE SCHOOL SAFETY COURCI
SEND NJ MIlNEV UNLESS STATEMENT IS ENCLOSED L
THE RATING PERIOD BEQINS AND ENDS AT 1~: 01AM
PACIFIC STANDARD TXME
EAST LA bLASSIC THEATRE CORP
2168 S ATLANTIC BLVD PHS 378
MONTEREY PARK, CALIF 91754
I
JAME
CODE J1,
RATING PERIOD 2-01-08 TO
UNIT
DEPOSIT PRElUUH
MINIMUM PREMIUM
PREMIUM ADJUSTMENT PERIOD
2-01-09
3546
$1,30B.00
$160,00
MONTHLY
R se
OF EMPLOYER-
EAST LA CLASSIC THEATRE CORP
(A NON-PROFIT CORP.)
PRINCIPAL WORK AND RATES EFFECTIVE FROIl 02-01-08 TO 02-01-09
INTERIM
PREMIUM BASE BILLING
BASIS RATE RATE*
8868-1 COLLEGES OR SCHOOLS--PRIVATE 534157 1.95 1.51
8810-1 CLERICAL OFFICE EMFLOVEES--N.O.C. 248825 1.01 .78
9154-1 THEATERS--NOT MOTION PICTURE 26247 6.66 5.16
9156-1 THEATERS--DANCE, OPERA AND THEATER 72829 8.80 6.82
COMPANIES--ALL PERFORMERS AND DIRECTORS
OF PERFORMERS--N.O.C.
-
EXPERIENCE MODIFICATION
2-01-08 TO 2-01-09
84 .
********BUREAU NOTE INFORMATION********
-
FEIN 954532421
',,0 A..
A
~
,."l.-."
T AL ESTIMATED ANNUAL PREMIUM $13,726
IUKTERSIGNED ANb ISSUED AT SAN FRANCISCO MARCH 4, 2008 POLICY L PAGE
!!icn: FORM 109G3A IREV, 1r-071 fOVER PLEASEln-
1 OF 3
09/22/2008 12:54
9093930943
I~ SANCHEZ
PAGE 13/14
SAN FRANCISCO I
ANNUAL RATING ENDORSER(EN't
RATING PLAN CREDITS (DEBITS) EFFECTIVE FROM 02-01-08 TO 02-01-09
RAT~NG PLAN MODIFIER
EST1MATED PREMIUM DISCOUNT MODIFIER
CO~OSITE FACTOR APPLlED TO BASE RATES TO DERIVE
iNTERIM BILLING RATES
I
,
YOUR BROKER RECEIVES A 12.0% COMMISSIoN ON THIS POLICY. THE COMMISSION
LEVEL ASSIGNED DOES NOT AFFECT THE PRICE OF THIS POLICY. YOUR BROKER ALSO
MAY BE ERIGIBLE TO RECEIVE A SAFETY INCENTIVE COMMISSIoN BASED UPON THE
AGGREGATE SAFETY RECORD OF ACCOUNTS YOUR BROKER PLACES WITH STATE FUND.
2-01-09
354,6
0.84600
0.91604
0.77497
......J..........................................................................
: 1 PREMIUM DISCOUNT SCHEDULE EFFECTIVE FROM 02-01-08 TO 02-01-09 :
"EST! TED MODIFIED PREHIUM IS DISCOUNTED ACCORDING TO THE FOLLOWING SCHEDULE: "
" l FIRST ABOVE "
" $5,000 $5,000 "
" 0.0% 12.6% "
" "
**1dn.n.r*1 ** *********************** ****** ******************************************
THE ESTtMATED PREMIUM DISCOUNT IS BASED- ON AN ESTIMATE OF YOUR PAYROLL. ACTUAL
PREMIUM DISCOUNT APPLIED AT FINAL BILLING WILL BE BASED ON THE ACTUAL PAYROLL
REPORTE ON YOUR POLICY AND SUBJECT TO AUDIT.
-
09/22/2008 12:54
9093930943
M SANCf-EZ
PAGE 14/14
I
STATE HOME OFFICE SAN FRANeJ:SCO I ANNUA" RATING ENDORSEMENT
COM~II!!!"'SATldN IT IS AGREED THAT THE C~ASSIFICAnONS AND RATES PER $100 OF ReMUNERATION APPEARING
INSUFlANC"
FUNQ IN THE CONTINUOUS POLICY ISSUED TO THIS EMP~OYER ARE AM"NIJEIJ AS SHOWN EE"OW.
-
CONTINUOUS PO"ICY 469 0003546-07
IF YOU ~AVE ANY QUESTI.ONS, PLEASE CONT~T _YOUR LOCAL. STA!! FUND OFFICE BELOW:
LOS ANGELES
900 CORPORATE CENTER DR.
MONTEREY PARK , CA 91754
(323) 266-5000
-
I
,
Nhfuins hereIn eOl1tlllrnEld sh.11 be held to \lBry. ~Iter. wallJs or extend
8~reements or limitations. of the Policy other than as hMain 5tated.
0het1 COlJnt9fslgnad bv a duly authorized officer Of represl:!ntatlve of tl'le Statf!J Compensation Ins,l"Iranee
FLlnd, these declarations shall be vlllid and form part of the POliCY.
any of the term!>. ~ottditiol"ls
-
~~
I AUTHO.'ZW .ePReSONTATlve
!
~~
PRS51r>ENT
UNTERSIGNEO AJO ISSUEO AT SAN FRANCISCO MARCH 4. 2008
selF FORM lOSGiA (REV. ~O-Oi)
I
POLICY L PAGS 3 OF 3
ACORD.. CERTIFICATE OF LIABILITY INSURANCE OP 10 LM I DATE (MMIDDfYYVY)
EASTL-2 10/01/08
PRODUCER f'J-2001l-/27 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATlm
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
INVENSURE Insurance Brokers HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
17912 Mitchell South ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
Irvine CA 92614-6014
Phone: 949-756-4100 Fax:949-756-4199 INSURERS AFFORDING COVERAGE NAIC#
~SURED ---~. - ----
INSURER A Philadelphia Insurance Cos.
- .._-~- . -----
INSURER B
East L.A. classic Theatre Corp INSURER c:
Lena Sanchez P.MB378 ._._H
2168 South Atlantic Blvd, INSURER D:
Monterey Park, CA 91754 ,.--..
I INSURER E
COVERAGES
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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
Ir;~ ~~~~ - 'O~YE YMM/DDIY~ I DATE'IMM/DD,y~~N
TYPE OF INSURANCE POLICY NUMBER LIMITS
GENERAL LIABILITY , EACH OCCURRENCE S 1,000,000
A X ~MERCIAl GENERAlllABllfTY PHPK321591 07/31/08 07/31/09 I ~~~~~~~ ~E~c~~~ce) .100,000
! I CLAIMS MADE iXl OCCUR MED EXP {Anyone person) i$ 5,000
J PERSONAL & ADV INJURY ]$1,000,000
GENERAL AGGREGATE 'sl,OOO,OOO
GEN'lAGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGO '1,000,000
~ ~ POLICY n ~~g. -- LOG
~TOMOBILE LIABILITY COMBINED SINGLE LIMIT I
is
A I ANY AUTO PHPK321591 07/31/08 07/31/09 (Eaaccident)
! - I --
All OWNED AUTOS
, - BODILY INJURY ; .1,000,000
SCHEDULED AUTOS (Per person)
--
_lL HIRED AUTOS " BODilY INJURY
~ NON.OWNED AUTOS Q; (Per accident) I'
'., -/'c.
"y-' I
- - L{.., ",~-4! PROPERTY DAMAGE .
, ~ (Per accident)
! GARAGE LIABILITY ,; ~ ."tr:::; ., j AUTO ONLY. EA ACCIDENT .
~ ANnvro EAACC .
OTHER THAN
I AUTO ONLY: AGG .
EXCESSlUMBRELLA LIABILITY . EACH OCCURRENCE S 2,000,000
A ~ OCCUR D CLAIMS MADE PHU241982 , 07/31/08 07/31/09 AGGREGATE $2,000,000
,
.
~ ~EDUCTIBlE .
X RETENTlON .10000 , .
I WORKERS COMPENSATION AND I ITOv~l:~rr~ IU~~
! EMPLOYERS' LIABILITY
ANV PROPRIETORlPARTNERlEXECUTIVE I E l EACH ACCIDENT 1$
, OFFICER/MEMBER EXCLUDED? I E L. DISEASE EA EMPlOYE~ S
~ yes, describe under
SPECIAL PROVISIONS below E L DISEASE. POLICY LIMIT i S
OTHER
A Sexual/Phys Abuse PHPK321591 07/31/08 07/31/09 Sex/Phy 1,000,000
Professional Liab Prof Liab 1,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES f EXCL.USIONS ADDED BY ENDORSEMENT I SPECIAL. PROVISIONS
*excpt 10 days for non-payment. The City of Santa Ana, and the City of Santa
Ana, and thier respective officers, employees, agents, volunteers and
representatives are addclitional insured and insurance is primary per policy
form for classes held from 9/23/08 to 3/31/09
This supercedes previously issued certificate
CERTIFICATE HOLDER
CANCELLATION
CTYSA-1 SHOUL.D ANY OF THE ABOVE DESCRIBED POLICIES BE CANCEL.L.ED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WIL.L. ENDEAVOR TO MAIL. 30* DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOL.DER NAMED TO THE L.EFT, BUT FAILURE TO DO SO SHAL.L
City of Santa Ana IMPOSE NO OBL.IGATION OR LIABIL.ITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
Attn Parks & Recreation
20 Civic Center Plaza REPRESENTA~
Santa Ana CA 92701 AUT EP.: ATIVE
r
ACORD 25 (2001/08)
@ ACORD CORPORATION 1988
With the new changes in the CGL there is no need to amend the policy to provide the
primary and non contributory wording and provide a waiver of subrogation.
The changes are as follows:
4. Other Insurance
If other valid and collectible insurance is available to the insured for a loss we cover
under Coverages A or B of this Coverage Part, our obligations are limited as follows:
a. Primary Insurance
This insurance is primary except when b below applies. If this insurance is primary, our
obligations are not affected unless any of the other insurance is also primary. Then, we
will share with all that other insurance by the method described in c. below
b Excess Insurance
This insurance is excess over:
(I) Any of the other insurance, whether primary, excess, contingent or on any other basis:
(a) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage
for Ilyour workt'~
(b) That is Fire insurance for premises rented to you or temporarily occupied by you with
permission of the owner;
(c) That is insurance purchased by you to cover your liability as a tenant for "property
damage" to premises rented to you or temporarily occupied by you with permission of the
owner; or
(d) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the
extent not subject to Exclusion g. of Section I - Coverage A - Bodily Injory And Property
Damage Liability.
(2) Any other primary insurance available to you covering liability for damages arising
out of the premises or operations for which you have been added as an additional insured
by attachment of an endorsement.
When this insurance is excess, we will have no duty under Coverages A or B to defend
the insured against any "suit" if any other insurer has a duty to defend the insured against
that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled
to the insured's rights against all those other insurers.
When this insurance is excess over other insurance, we will pay only our share of the
amount of the loss, if any, that exceeds the sum of:
(I) The total amount that all such other insurance would pay for the loss in the absence of
this insurance; and
(2) The total of all deductible and self-insured amounts under all that other insurance.
We will share the remaining loss, if any, with any other insurance that is not described in
this Excess Insurance provision and was not bought specifically to apply in excess of the
Limits ofInsurance shown in the Declarations of this Coverage Part
To reinforce the intent of both parties, a 'statement of intent' in the underlying contract
between the named insured and additional insured addressing which policy is primary
and which is excess is suggested so there is no question in the event of a claim.
With regards to the waiver of subrogation the standard ISO CGL policy allows waivers of
subrogation is initiated prior to a loss. The policy states this is not permitted if done after
a loss. It reads as follows:
8 Transfer of Rights of Recovery Against Others To us
If the insured has rights to recover all or part of any payment we have made under this
Coverage Part, those rights are transferred to us. The insured must do nothing after loss to
impair them. At our request, the insured will bring "suit" or transfer those rights to us and
help us enforce them.
POLICY CHANGE DOCUMENT
POLICY NO.: PHPK321591
Philadelphia Indemnity Insurance Companyl16012 Sherman Parent Prince & Fleming Insuran
NAMED INSURED East L.A. Classic Theatre Corp
MAILING ADDRESS 2168 S Atlantic Blvd
Monterey Park, CA 91754-6839
POLICY PERIOD: FROM 07/31/2008 TO 07/31/2009 at
12:01 A.M. Standard Time at your mailing address shown above.
CHANGE EFFECTIVE 09/23/2008
CHANGE #
2
DESCRIPTION
In consideration of the premium renected, the policy is amended as indicated below:
The following Additional Insured is added to the policy per the attached
CG2026-Additlonal Insured-Designated Person or Organization in regards to
theatre classes for the Parks & Recreations from 9/23/2008 to 3/31/2009
City of Santa Ana
Attn: Parks & Recreation
20 Civic Center Plz
Santa Ana, CA 92701
Path ID 3158005, 3187831
Total Annual
Additional/Return Premium $
0.00
NO CHANGE
Total Prorate
Additional/Return Premium $
0.00
NO CHANGE
COUNTERSIGNED
BY
(Date)
(Authorized Representative)
Insurance Policy
Page 1 of 1
Philadelphia Indemnity Insurance Company
Additional Insured Schedule
Policy Number: PHPK321591
Additional Insured
Los Angeles Unified School District
PO Box 54670
Los Angeles, CA 90054-0670
CG2026 - General Liability
Additional Insured
UCLA Center for Community Partnerships
PO Box 951405
2333 Murphy Hall
Los Angeles, CA 90095-1405
CG2026 - General Liability
Additional Insured
City of Santa Ana
Attn: Parks & Recreation
20 Civic Center Plz
Santa Ana, CA 92701-4058
CG2026 - CA - Loc #1 - 334 (THEATRICAL COMPANY-TRAVELING)
RE: Parks & Recreations from 9/23/08 to 3/31/09
Page 1 of 1
",
POLICY NUMBER: PHPK321591
COMMERCIAL GENERAL LIABILITY
CG 20 26 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - DESIGNATED
PERSON OR ORGANIZATION
This endorsement modifies insurance provided underthe following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person/s) Or Oraanization/s)
City of Santa Ana
Attn: Pa rks & Recreation
Information reouired to comorete this Schedule, if not shown above, will be shown in the Declarations.
Section II - Who Is An Insured is amended to in-
clude as an additional insured the person(s) or or-
ganization(s) shown in the Schedule, but only with
respect to liability for "bodily injury", "property dam-
age" 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:
A. In the performance of your ongoing operations; or
B. In connection with your premises owned by or
rented to you.
CG 20 26 07 04
@ISO Properties, Inc., 2004
Page 1 of 1
o