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HomeMy WebLinkAboutSANTA ANA LAWN BOWLING CLUB INSURANCE ON FILE A-2025-1 03 WORK MAY PROCEEn UNTIL INSURANCE EXPIRQ CITY CLERK BATE: JUL 11 ZGZ5 FACILr Y USE AGREEMENT WITH THE SANTA ANA LAWN BOWLING CLUB FOR USE OF THE LAWN BOWLING GREENS AT SANTIAGO PARK THIS FACILITY USE AGREEMENT is made and entered into on the Ist day of July 2025 by and between Santa Ana Lawn Bowling Club, a California non-profit corporation("User"), and the CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of O: PROS 0R? California("City'), City and User are also referred to as`the Parties." Tillrlofhj P4901no (DZ) RECITALS A. The City is the owner of Santiago Parr, including its Lawn Bowling Greens, located at 600 E. Memory Lane in the City of Santa Ana, B. In 1936, the first lawn bowling green in Santiago Park was constructed with funding from the Work Projects Administration program under the leadership of City of Santa Ana Park Manager Dale Griggs. C. In 1938, the Santa Ana Lawn Bowling Club was established and its first lawn bowl was rolled that same year. Popularity of the sport created a need for a second green,which was constructed in 1952. D. Since the early 1980's, User has enjoyed access to the lawn bowling facilities by way of an unofficial agreement with the City of Santa Ana. User and.City now desire a formal agreement, containing defined terms, rates, and insurance limits, which will be in the Parties' best interests. E. User is a California non-profit mutual benefit corporation. F. City acknowledges the community need for programs such as those offered by User that encourage Santa Ana residents to engage in lawn bowling related activities and offer such activities in a safe and historic environment. The parties agree as follows: 1. GRANT OF PERMISSION AND FACILITIES TO BE USED City hereby grants User the limited, non-exclusive right to utilize designated areas of Santiago Park and its lawn bowling greens ("Facilities")pursuant to the terms set forth E in Exhibit A, attached hereto and incorporated herein by reference. I I Page I of 9 i i 2, PUBLIC PURPOSE City acknowledges the public benefit provided by User to the City of Santa Ana through its uses and that User is a non-profit mutual benefit corporation. User shall be charged an annual rate under this Agreement, as set forth in Exhibit A. 3, TERM 1 This Agreement shall commence on the date first written above, for a term of three (3) years, unless terminated earlier in accordance with the terms of this Agreement. The term of this Agreement may be extended for up to two (2), one (1) year periods upon a writing executed by the City Manager and City Attorney. 4, COMPLIANC.E WITH RULES AND REGULATIONS User shall use and occupy the Facilities in a safe and carefii.l manner and shall comply with all applicable local, state, and federal laws in its use of and activities in the Facilities, Including as to the conduct of its employees, agents, clients,customers, guests, and others using the Facilities by reason of this Agreement. User shall also comply with all rules and regulations of City in effect during its use of the Facilities, Failure to abide by such laws, rules, or regulations, or any condition of this Agreement, may result in the immediate termination of this Agreement in the sole discretion of the City. 5. BACKGROUND CHECKS User shall ensure that all employees, subcontractors, and any volunteers are fingerprinted and background cheeped prior to conducting any work pursuant to this Agreement. User shall not assign any employee, agent, subcontractor, volunteer or the User personally to provide services pursuant to this Agreement, if that employee, agent, subcontractor, volunteer, or the User 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, 288A, 288.5, 288.7, 289, 290, 311.1, 3t1.2, 3.11.3, 311.4, 311.10, 3I1,11, 314, 347(a),368,417(b),451(a),518 with 186,22, 647.6,6S3f(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.` Page 2 of 9 E G. INDEMNIFICATION User agrees to and shall indemnify, protect, defend, and hold harmless City, its officers, agents, employees, consultants, special counsel, and representatives from and against any and all claims,damages,judgments,attorney's fees,costs and expenses arising out of, involving, or in connection with the use of the Facilities or the acts or omissions of User, its officers, agents, employees, volunteers, guests, or invitees, whether or not such acts or omissions constitute permitted uses of the Facilities. 7. INSURANCE User shall procure and maintain for the duration of the agreement, the following insurance coverages: Mininnumn Scope and Limit of Insurance. User shall maintain limits of insurance coverage in the following minimum amounts and shall be at least as broad as: 3 • 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. b 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 User has no employees. If User 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 User. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. I Other Insurance Provisions. The insurance policies are to contain,or be endorsed to contain,the following provisions; • CGL policy: 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 world or operations performed by or on behalf of the Permittee including materials,parts,equipment, and personnel furnished in connection with such work or operations. • COL and W/C policies: Insurance company(leg) agrees to waive all rights of subrogation/recovery 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 Permittee for City. * All required insurance policies: For any claims related to this contract, Permittee's insurance coverage shall be primary and any insurance maintained Page 3 of 9 i i 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 Permittee'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-remewal 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), Address of Department Responsible for Agreement, M-XX, Santa Ana, CA 92701. The name and event of location 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 User to purchase coverage with a lower retention i or provide proof of 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. Permittee 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 Permittee'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. Sub-contractors. User shall require and verify that all sub-contractors maintain insurance meeting all the requirements stated herein, and User shall ensure that City is an additional insured on insurance required from sub-contractors, Special Risks or Cireunistances. 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. Page 4 of 9 I i 8. CONFLICT OF INTEREST CLAUSE User 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. 9. FORCE MAJUERE In the event that the Facilities are rendered unavailable due to destruction, partial or total, acts of nature,work stoppages or other labor disturbances,civil commotion,war, or any other action by governmental agencies,or for any reason beyond the control of City, City shall have the right to terminate this Agreement without penalty. W. LICENSES AND PERMITS User represents and warrants that it, and any agents, independent contractors, subcontractors, vendors, or others acting on its behalf under or with respect to this Agreement,will at all times during the term of this Agreement have and maintain in force i any and all licenses, permits, or approvals required by law for the conduct of User's activities under this Agreement. 11. DAMAGE TO FACILITIES User shall be liable for any damage to the Facilities caused by any act of negligence of User, its partners, agents, servants, contractors, representatives, guests, employees, invitees, or customers. City may, at its option, repair such damage, and User agrees to reimburse City for the total cost of repair, 12. PROPERTY BELONGING TO USER City shall not be responsible for lost,stolen,or damages property belonging to User, its partners, agents, servants, contractors, representatives, guests, employees, invitees, or customers. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be iJt writing and directed to the addresses below or such addresses as either party may later specify in writing. Notice is deemed effective on the date it is given if hand-delivered or received by facsimile that day. Notice given by U.S. mail shall be deemed to have been given three (3) business days after it is deposited in the U.S. mail, postage prepaid and addressed as follows: To City: City Clerk City of Santa Ana 20 Civic Center plaza(M-30) Page 5of9 P.O. Box 1988 Santa Ana, California 92702-1988 With copies to: Executive Director of Parks,Recreation and Community Services City of Santa Ana 20 Civic Center Plaza(M-75) P.O. Box 1988 Santa Ana,California 92702 To User: Santa Ana Lawn Bowling Club 945 W.Nilson Ave. Orange, California 92867 Attn: Donald Marthens,President 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and User regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties regarding the use of the Facilities. 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 User. 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 User or the City. Each party to this Agreement acknowledges that no representations,inducements,promises or agreements,orally or otherwise,have been made by any party,or anyone acting on behalf of any party,which are not embodied herein. 15. ASSIGNMENT User 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.User shall not allow any other person or entity to use the .Facilities without the prior written consent of City. 16, TERMINATION This Agreement may be terminated by the City upon thirty(30)days written notice. 17. NONDISCRIMINATION i User 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 Page 6 of 9 I activities or any services provided under this Agreement. User affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laves 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 ally action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 19, AUTHORITY Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the date and year first above written. ATTEST: a ,^�r, CITY OF SANTA ANA t� Jennifer . all Alvaro Nunez erk City Manager APPROVED AS TO FORM: SANTA ANA LAWN SONIA R. CARVALHO BOWLING UB City Attorney By;� -16-nathan T. Martinez ame: c Assistant City Attorney Title: RECOMMENDED FOR APPROVAL: k-r�ts'y Hawk Scott EXeClltive Director of Parks, Recreation, And Community Services Agency Page 7 of 9 I EXHIBIT A 1. Use a. Santa Ana Lawn Bowling Club ("User") will have access to the Lawn Bowling Green("Greens")every Tuesday afternoon from 2,00 p.m.to 5:00 p,m, during Daylight Saving Time, 1:00 p.m.to 4:00 p.m. during Standard Time and Saturday mornings from 8:00 a.m.to 12.00 noon. b. User will also have the ability to host 2 additional tournament events outside of their standard use with an attendance of under 50 people. i. User must provide the City with a minimum of 4 weeks advance written notice of the special event. Any requests outside of this 4- week timeframe will be considered but not guaranteed. Any event larger than 50 people must be submitted to the Special Events Office for additional permit approval. These additional events (under 50 people)are covered under this Agreement without additional fees. 2. Equipment a. City Parks Maintenance Division will manage the greens with a lawnmower specialized in cutting the greens specific to Lawn Bowling gameplay. 3. Storage a. User will have access to the on-site restrooms on the lower lever and the kitchenette area while utilizing the greens at the times listed below: i. Per Section La., above,every Tuesday afternoon during Daylight Saving Time from 2:00 p.m.to 5:00 p.m.,during Standard Time from 1,00 p.m, and every Saturday morning from 8:00 a.m. to 12:00 noon. b, per Section 1.b., above, for special events upon written confirmation with the City confirming the date(s)and tunes for said events. c. User will be given 1 (one) key which will grant access to the lower level restrooms, storage and kitchenette for use during User's assigned time on j the greens. j i. The President of the User group is fully responsible for retaining the key and will return the key to the City at the termination of the agreement or if requested to do so by designated City Staff. d. User will work with the City Parks Maintenance to remove any identified equipment or items currently stored in the lower level restrooms, lockers, kitchenette and storage room. i. The City will preserve any historical documents and display them in the upper lobby area of the Lawn Bowling Center. ii. The, City will coordinate with the User as to the timeframe for removal of the equipment and additional items. iii. The City will maintain the lower area of the Lawn Bowling Center area, including the kitchenette,restrooms and storage room. e. User is responsible for keeping its identified area clean, accessible, and orderly during the duration of the agreement, so that City personnel may access the building/area with relative ease. - f. User will be allowed to store bowling equipment ONLY in the storage area behind the kitchenette. I Page 8 of 9 I f sharp copier 20250623_194655 Final Audit Report 2025-06-24 Created: 2025-06-24 By: Stephanie Garcia(SGarcia5@santa-ana.org) Status: Signed Transaction ID: CBJCHBCAABAAUg9KvYRcz2-3BJnlvFssghHmb4WANOWW "sharp copier_20250623_194655" History '._i Document created by Stephanie Garcia (SGarcia5@santa-ana.org) 2025-06-24-3:09:58 PM GMT Document emailed to Hawk Scott(hscott@santa-ana.org)for signature 2025-06-24-3:10:02 PM GMT Email viewed by Hawk Scott(hscott@santa-ana.org) 2025-06-24-3:10:09 PM GMT Document e-signed by Hawk Scott(hscott@santa-ana.org) Signature Date:2025-06-24-3:43:50 PM GMT-Time Source:server Agreement completed. 2025-06-24-3:43:50 PM GMT Adobe Acrobat Sign DATE(MMIDDIYYYY) ACOR�� CERTIFICATE OF LIABILITY INSURANCE 02/05/2025 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 endorsoment(s). PRODUCER CONTACT NAME: Bene-Marc Athletic Insurance Agency#OE67789 PHONE t.(800)247-1734 (AArc No): 6301 Southwest Boulevard,Suite 101 E-MAIL Contact@bene-mare.com ADDRESS: Fort Worth,Texas 76132 INSURER(S)AFFORDING COVERAGE NAIC A INSURER A: HDI Global Specialty SE AA-1120822 INSURED INSURER B: AXIS Global Accident&Health Insurance Company 37273 Southern California Municipal Athletic Federation(SCMAF) PO Box 3605 INSURER C: South El Monte,CA 91733 INSURER D: SCMAF Member- Santa Ana Lawn Bowling Club-Don Marthens INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 9066-55782 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. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR POLICYNUMBER IMMIDDffYYYI (MMfDDffYYYILIMITS COMMERCIAL GENERAL LIABILITY EACHOCCURRENCE $ 1,000,000.00 16LB7323 (11101/2025 01/01/2026 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES Ea occurrence $ 100.000.00 MED EXP(Any one person) S 5,000.00 A X X Abuse&Molestation PERSONAL&ADV INJURY s 1,000,000,00 GEN'L AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE $ 5,000,000.00 POLICY El PRO-JECT El LQG 1,000,OOOOcc./2,000,OoOAgg. PRODUCTS-COMPIOPAGG S 1,000,000.00 JEC OTHER: Participant Liability S 1,000,000.00 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S Ea accident ANY AUTO RODiLY INJURY(Per person) S OWNED F SCHFOLILED BOC]ILY INJURY Per accident AUTOS ONLY AUTOS Y( ) S HIRED NON-OWNED PROPERTY DAMAGE S AUTOS ONLY AUTOS ONLY Per accident S UMBRELLA LIAB OCCUR EACH OCCURRENCE S EXCESS LIAB HCLAIMS-MADE AGGREGATE S ❑ED I I RETENTIONS S WORKERS COMPENSATION PER CTH- AND EMPLOYERS Y1N LIABILITY STATUTE ER ANYPROPRIETOR/PARTNERIEXECUTIVE OFFICERIMEM DER EXCLUDED? NIA E.L.EACH ACCIDENT S (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE S If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ B Participant Accident Medical SRPO-50256-243 01/0112025 01/01/2026 Deductible: $0.00 Limit: $5,000.00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101.Additional Remarks Schedule,may be attached if more space is required) This policy includes a blanket additional insured endorsement that provides additional insured status to the certificate hoSdar per form CG 20 26 07 04, The General Liability policy contains Primary and Non Contributory wording per endorsement E 1602AJ-1112.The General Liability policy contains an endorsement for Waiver of Transfer of Rights of Recovery Against Others to Us per attached form CG 24 04 05 09.City of Santa Ana entity,it's officers,officials,agents and it's volunteers are additional insured_ Tu Tra f1 o�yaziay s�9�e by Coverage for SCMAF member approved activities for which a premium is aid and reported to the Company. %77e 9 PP p P Poa�z zon o� SCMAF Member: Santa Ana Lawn Bowling Club-Don Marthens Nguyen ,s:usse-07oo Coverage is limited to the fallowing activity dates: 02/05l2 5-1 213 1/2 5 APPROVED CERTIFICATE HOLDER CANCELLATION By Tu Tran Nguyen at 3:05 pm,Jul02,2025 City of Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Santa Ana,Parks,Recreation and Community Services THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE Santa Ana.CA 92701 (� Alisa Lynn Hail ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 1 8LB7323 COMMERCIAL GENERAL LIABILITY CG20260704 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 Persons Or Organ iza!!2n s City of Santa Ana, its City Council, officers, officials, employees, agents, and volunteers 20 Civic Center Plaza Santa Ana, CA 92701 Information required to complete 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 organi- zation(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 omis- sions of those acting on your behalf: A. In the performance of your ongoing operations; or S. In connection with your premises owned by or rented to you. CG 20 26 07 04 0 ISO Properties, Inc., 2004 Page 1 of 1 ❑ This Endorsement changes the Policy, Please read it carefully, COMMERCIAL GENERAL LIABILITY ENDORSEMENT PRIMARY AND NON-CONTRIBUTORY AMENDATORY -- E1602AJ-1112 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROD UCTSICO IMP LETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name of Person Or Organization City of Santa Ana,its City Council,officers,officials,employees,agents,and volunteers 20 Clvlc Center Plaza Santa Ana,CA 02701 Policy Number: 18LB7323 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. SECTION IV— COMMERCIAL GENERAL LIABILITY CONDITIONS, paragraph 4. Other Insurance is hereby deleted and replaced with the following: 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 Paragraph 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 Paragraph c. below. However, with respect to any other valid and collectible insurance available to a person or organization as scheduled above, this insurance shall be primary to other available sources, except where the liability of such person or organization is caused by his, her, or its own negligence. Nothing herein shall be construed to make this Policy subject to the terms, definitions, conditions and limitation of any other insurance. b. Excess Insurance (1) This insurance is excess over: (a) any of the other insurance, whether primary, excess, contingent or on any other basis: (i) that is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for"your work"; (ii) that is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner; All other terms and conditions of the Policy remain unchanged E1602AJ-1112 Page 1 of 2 (iii) 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 (iv) if the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I — Coverage A — Bodily Injury And Property Damage Liability. (b) any other primary insurance available to you covering liability for damages arising out of the premises or operations, or the products and completed operations, for which you have been added as an additional insured by attachment of an endorsement. (2) 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. c. Method Of Sharing In the instance where we are primary, we will be non-contributory. In any other instance, we will contribute as follows: If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. (1) When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self-insured amounts under all that other insurance. (2) We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. All other terms and conditions of the Policy remain unchanged E1602AJ-1112 Page 2 of 2 CITY OF SANTA ANA Risk Management a division of Human Resources _ Managing Risk through Awareness and Action .AFFIDAVIT OF EXEMPTION FOR WORKERS' COMPENSATION INSURANCE 1,Zoo F A m4 enns i ' ,qxf ("Representative"),attest that I am an authorized (Name and Title of vendor Representative)representative of s UwAtow l C ("Company"),and (Consullant/Crnnpany Nome) possess the authority to legally bind Company, In nay capacity as Representative oi'Cotnpa.ny,I represent and confirm the following,as relates to the agreement between company and City of Santa Ana,agwonient number ("Agreement")to provide ("Services"): (Services to be provided under agt+eemcutleontrnct) During the course and scope of Company's agreement with the City of Santa Ana,Company will not employ any person in any manner so as to become subject to the wormers' compensation laws of California,and agree that if Company should become subject to the workers' compensation provisions of Section 3700 of the Labor Code,Company shall forthwith comply with the provisions and provide proof of workers' compensation coverage immediately. i If at any time it is found that Company is not adhering to any and/or all of the statements in this document and does not maintain the minimum workers'compensation insurance coverage as required in the Agreement,it will he considered a breach of Agreement rendering the Agreement null and void and Company will be fujiy liable for atty and al.l damages. ! ignatar Date PrintNmne Title 13 x 70A-V 4A e H 6) -*.h A Cantaot infonnation,i.e.,Telephone Number and/or Ei it Addr ou WARNING: FAILURE TO SHCURE WORKERS'COMPENSATION COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE IIUNDRED TI-IOUSAN`r nOLLARS($100,000),IN ADDITION TO THE COST OF i COMPENSATION,DAMAGES AS PROVIDED FOR 1N SECTION 3706 OF THE LABOR CODE, INTERR+ST,AND ATTORNEY'S FEES. i Affidavit of Exemption for Workers'Compensation Insurance 11 72.2024 i _ i