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HomeMy WebLinkAboutDAVALOS, MAYRAINSURANCE ON FILE 1W0 i ( % AY PZOULD N-2026-139 _ b 01 2U2i { CITY SU r j uY►a (PQ RECREATION SERVICES AGREEMENT WITH MAYRA DAVALOS FOR TODDLER & ME GARDEN WORKSHOP CLASSES THIS AGREEMENT is made and entered into on this 2nd day of June, 2026 by and between Mayra Davalos, an individual ("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 may be collectively referred to as the "Parties" or individually as a "Party." RECITALS A. The City desires to retain a recreation service provider having special skills, resources and knowledge to provide "Toddler & Me Garden Workshop" classes in its recreation class program. B. Provider represents that it is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Provider represents that it is knowledgeable in their field and that any services performed by Provider under this Agreement will be performed in compliance with such standards as may reasonably be expected. E 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. Page 1 of 8 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. 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 class policy manual and any other City rules and regulations regarding the operation of recreation classes. 2. COMPENSATION a. In consideration for the provision of the programs set forth in Exhibit A, City agrees to pay, and Provider agrees to accept as total payment for their services for the City, seventy percent (70%) of all gross revenue received from program participants. Total annual revenue to Provider shall not exceed Ten Thousand Dollars and Zero cents ($10,000). b. Payment to Provider shall be made monthly within thirty (30) days following completion of the last class taught by Provider the prior month. City shall be responsible for collecting all fees from program participants. Provider shall not collect fees but will refer all interested participants to City for registration information. Provider agrees that City shall retain thirty percent (30%) of all gross revenue received from program participants as an administrative fee. This Agreement shall commence on June 15, 2026 and end on May 31, 2027 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 not shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the manner in which Provider performs the services which are the subject matter of this Agreement; however, the services to be provided by Provider shall be provided in a manner consistent with all applicable standards and regulations governing such services. Provider shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. Provider is not an agent, representative or employee of City and Provider shall have no authority to act on behalf of the City. Page 2 of 8 5. INSURANCE Insurance requirements attached hereto as Exhibit B. 6. INDEMNIFICATION Provider agrees to and shall indemnify, defend and hold harmless the City, its officers, agents, employees, consultants, 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 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. 7. CONFIDENTIALITY If Provider receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Provider agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information, including but not limited to student records. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either Party by any subsidiary and/or agent of the other Party is covered by this Agreement. The foregoing obligations of non-use, and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Provider disclosed in a publicly available source; (c) is in rightful possession of the Provider without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Provider without reference to information disclosed by the City. 8. COVID-19 ASSUMPTION OF RISK AND WAIVER Provider acknowledges that Provider could be exposed to persons that may have COVID- 19 providing services pursuant to this Agreement. Provider understands that interacting with any person currently comes with the inherent risk of exposure to COVID-19 and that COVID-19 is Page 3 of 8 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 ormild symptoms from COVID-19, some people havebecome seriously ill requiring hospitalization and that some people have died from COVED-19. Provider acknowledges that persons over the age of 65 and persons with underlying health conditions are at greater risk of contracting COVID-19 and are potentially risking serious injury or death. Provider is agreeing to provide classes pursuant to this Agreement and does so of Provider's own free will, Provider intends to be legally bound by this assumption of risk, release and waiver and to bind Provider's heirs, personal representatives, next of kin and anyone who may make a claim on Provider's behalf. Provider knowingly releases and waives any and all claims that Provider may have or could have in the future and includes any claims resulting from potential exposure or actual exposure to COVID-19, this includes claims for personal injury, transmittal of COVID-19 to others, and/or wrongful death. Provider agrees to hold harmless, defend and indemnify the City, its public officials, officers, employees, volunteers, and agents from any and all claims for liability or damages, including those for exposure to or diagnosis with COVID-19 as a result of providing services pursuant to this Agreement. 9. CONFLICT OF .INTEREST a. 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. b. No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as defined under the City's Municipal Code, whose position with the City shall award or influence the award of this Agreement, or any competing contract or amendment thereof, shall be employed in any capacity by the Provider or have any other direct or indirect financial benefit or interest in this Agreement. c. 71"he section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any former full-time employee for one-year from date of employee separation except for any Ca1PERS retiree as authorized by City Council resolution d. Provider must comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement. The Provider warrants that it is not now aware of any facts which conflict with the prohibitions defined above. If Provider hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it must immediately make full written disclosure of such facts to the City. Full written disclosure must include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this paragraph will be a material breach of this Agreement. Page 4 of 8 e. Provider covenants that none of its directors, officers, employees, or agents shall participate in selecting or administrating any subcontract supported (in whole or in part) by City funds stemming from the Agreement where the awarding of the subcontract has any direct or indirect financial benefit or interest to any individual, as defined in subsections (b) and (c) above. 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, 2661, 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, 653f(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 (lbl-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax (714) 647-6956 With copy to: Executive Director of Parks, Recreation and Community Services City of Santa Ana 20 Civic Center Plaza (1\4-23) P.O. Box 1988 Santa Ana, California 92702 Fax (714) 571-4211 Page 5 of 8 To Provider; Mayra Davalos 1909 W. 1 Su' Street Santa Ana, CA 92706 maestradavalos@gtnail.com A Party may change its address by giving notice in writing to the other Party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States snail, duly registered or certified, with postage prepaid, dnd 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 upon thirty (30) days written notice of termination. b. Termination or cancellation of classes by the Provider must be given to the City, in writing, at least thirty (30) days prior to termination/cancellation. Failure to provide adequate cancellation notice to the City may put future contracting of business with the City at risk. Page 6 of 8 15. 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. 16. NON-DISCRIIVIINATION 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. 17. JURISDICTION —VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both Parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. I 18. 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. 19. 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. 20. EXHIBITS All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. Page 7 of 8 21. AUTHORITY The person(s) executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by so executing this Agreement, the Parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the date and year first above written. ATTEST: APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney r Jonathan T. Martinez Assistant City Attorney RECOMMENDED FOR APPROVAL: e� Hawk Scott (Jun 8, 2026 14:52:58 PDT) Hawk Scott Executive Director of Parks, Recreation and Community Services Agency CITY OF SANTA A Alvaro Nunez City Manager PROVIDER: Mayra Davalos (Jun 3, 2026 15:05:19 PDT) Mayra Davalos Page 8 of 8 Alglowlr: SCOPE OF SERVICES Program Overview: This Scope of Services outlines the responsibilities and expectations for engagement of Provider to provide -toddler & me garden workshop classes for ages 10 months - 5 years at City recreation facilities and parks, as defined below. The aim is to promote health and wellness in the community by offering affordable recreation opportunities that encourage creative activity and teamwork. A. Program and Class Offerings: 1. Seasonal programs and class offerings may include, but are not limited to the following class options: 1. Caregiver and Baby MOsica y Movimiento H. Bilingual Jardin Workshop ii. Provider shall teach such or similar classes at available City facilities to be designated by the City on a schedule agreed upon by the parties, in writing, for each class session or term, including the location, specific days and hours when classes will be held, and holidays to be observed, in accordance with City's needs. Provider and City agree that class locations and/or scheduling are subject to change due to unforeseen events or needs beneficial to the class participants. The Parties agree that changes to scheduling or location of classes shall be agreed upon, in writing, prior to the allowance of said change(s). M. Class Size 1. At the City's discretion and upon mutual agreement, the minimum and maximum number of participants required for each class will be determined to ensure the quality and safety of the class participants. H. Class ratio of participants to Provider (s) will be set for each class to ensure effective instruction and safety based on statewide standards. Ill. If the minimum registration has not been reached by the second class, it is up to the discretion of the City upon mutual agreement with Provider, that the class shall be cancelled. Provider will be under no obligation to provide services for the cancelled classes, and the City will have no further obligations to pay Provider compensation for the remaining classes 'that were cancelled in that session. iv. Class Fees 1 i. Class pricing is dependent on session length per season and subject to City staff approval. Class pricing is limited to no more than a 5% increase annually. H. Each participant shall pay class registration fees as established by City. Provider may not waive class participation/registration fees. Only registered participants paid in full may participate in class. Ili. Any refunds to participants will be made in accordance with City policy. B. Provider Responsibilities: I. Planning and delivering engaging and age -appropriate karate classes as defined by class curriculum and description to be approved by City staff. ii. Ensuring the safety and well-being of all participants during class sessions. ■ Provider will Immediately report to City staff, by phone or email, any injuries as a result of class participation, damages to the facility that could cause potential injury to a class participant and/ or require facility repairs. ■ Provider will notify parent/ guardian of minors under the age of 1 Band city staff regarding any injuries experienced during class. iii. Submitting seasonal program proposals to City staff for seasonal approval of class descriptions, details, and schedules. Proposals must be submitted in writing by way of the provided City form(s) to City staff for review and approval at least 60 days prior to the start of the new season, unless otherwise specified by City staff. City staff will review and approve written proposals based on community needs, facility availability, and alignment with City goals. iv. Adhering to all City policies and procedures related to the use of facilities and interaction with participants. v. Adhering to all City deadlines for required �documentatlon. vi. The Provider 's organization is responsible for fingerprinting, monitoring, and managing all staff that will be instructing. vii. Promotion of ciass(es) with City approved marketing materials outside of City managed platforms. Publicizing on additional channels and networks outside of City platforms is the sole responsibility of the Provider. 2 viii. Provider shall provide all materials, supplies, equipment, records and personnel. Provider shall be responsible for repairing and maintaining all equipment and supplies, and ensuring that it is in good working condition. Provider shall ensure clean-up of the facilities and materials to ensure the safety and effectiveness of instruction. The City will not responsible for any damage, repairs, misplaced, or stolen supplies or equipment, and will not be responsible for storing supplies or equipment. C. City Responsibilities: City shall manage participant registration and class information through registration software. Provider shall be granted access to the class roster on the City registration system and is responsible for tracking attendance. ii. City shall collect all enrollment fees through the registration software. Provider shall not accept enrollment fees directly from a participant, and shall only collect materials fees that are pre -approved by City and published in advance as a part of the program marketing. Such material fees shall be collected by Provider at the first scheduled class meeting. No additional fees shall be collected for materials, uniforms, awards, etc, without written approval and advanced advertising. iii. City shall provide publicity for class(es) seasonally in the City's recreation magazine (published seasonally). City shall have the sole discretion to decide what information will be included in the recreation magazine about the class and Provider. Publicity may also include flyers created by City. Provider created flyers are encouraged, but must be finalized by City to include use of City logos before distribution. iv. City shall provide a location forthe ciass(es). Providerwill request dates and times for the class(es) seasonally, in writing. The City will confirm the class(es) schedule seasonally. Location selection is based on need, size of class, type of activity and availability, and is reserved at the discretion of the City. v. City shall provide refunds to participants when: The participant formally requests to drop the class before the second schedule class meeting. 0 The class is canceled by City or Provider. INSURANCE REQUrR. MENTS Insurance Requirements Provider shall procure and maintain for the duration of the agreement, the following insurance coverages: 1VfIN WUM SCOPE AND 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 Norm CO 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. • 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, provided that such policy is endorsed for business use and provides coverage with a minimum limit of $1,000,000. Required policy limits can be met with primary and umbrella/excess insurance policies. • Workers' Compensation (WC): 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 Provider has no employees, Provider attests that its workers' compensation coverage extends to all persons who will be working with the City under the agreed scope of services. • Sexual Abuse or Molestation Liability (SAML): If the COL policy referenced above is not endorsed to include affirmative coverage for -sexual abuse or molestation, Provider shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit of no less than $1,000,000 per occurrence or claim. If Provider maintains broader coverage and/or higher limits than the 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: I . COL, SAML, 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 humished in connection with such work or operations. 2. CGL, AL, and WC policies: insurance company(ics) 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, 3. 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. 4. 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. 5. 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. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Parks, Recreation, and Community Services Agency, 20 Civic Center Plaza M-23, Santa Ana, CA 92701. The name and location of the 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 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. Claims Made Policies If any of the required policies provide coverage on a claims -made basis: 1. The retroactive date must be shown and must be before the date of the contract or the beginning of work. 2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of work. 3. 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, Provider must purchase "extended reporting" coverage for a minimum of three (3) years after completion of work. SubProviders Provider shall require and verify that all sub -Providers maintain insurance meeting all the requirements stated herein, and Provider shall ensure that City is an additional insured on insurance required from sub -Providers. 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. .4COR0� CERTIFICATE OF LIABILITY INSURANCE �� ATE(MYYY) 06/03/20262026 P THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: PHONE(855) 222-5919 FAX No Next First Insurance Agency, Inc. PO Box 60787 Palo Alto, CA 94306 E-MAIL pp ADDRESS: support@nextinsurance.com INSURERS AFFORDING COVERAGE NAIC # INSURER A: Next insurance US Company 16285 INSURED INSURER B : National Specialty Insurance Company 22608 MAYRA DAVALOS Curious Chiquitines 1909 W 15th St Santa Ana, CA 92706 INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 133874631 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 LTR OF INSURANCE ADDLSUBRTYPE INSD WVD POLICY NUMBER MMIDDPOLICEFF POLICYEXP LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $1,000,000.00 CLAIMS-MADEI-XI OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $100,000.00 MED EXP (Any one person) $15,000.00 PERSONAL & ADV INJURY $1,000,000.00 A X X NXTFK4RVYJ-00-GL 06/01/2026 06/01/2027 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000.00 POLICY PRO ❑ LOC X JECT PRODUCTS - COMP/OP AGG $2,000,000.00 ABUSE & MOLESTATION $100,000.00 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTYDAMAGE Per accident $ UMBRELLALIAB HCLAIMS-MADE OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB DED I I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N PER OTH- X STATUTE ER E.L. EACH ACCIDENT $100,000.00 B ANYPROPRIETORIPARTNERIEXECUTIVE OFFICER/MEMBEREXCLUDED? FN I NIA X NXTDHF7QRL-00-WC 06/01/2026 06/01/2027 E.L. DISEASE - EA EMPLOYEE $ 100,000.00 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 500,000.00 Each Occurrence: $1,000,000.00 A Professional Liability NXTFK4RVYJ-00-GL 06/01/2026 06/01/2027 Aggregate: $2,000,000.00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The Certificate Holder is City of Santa Ana. Waiver of Subrogation applies on Workers Compensation in favor of the Certificate Holder and as required by written contract usual to the Insured's Operations. Waiver of Subrogation applies on General Liability in favor of the Certificate Holder and as required by written contract usual to the Insured's Operations. City of Santa Ana, its city council, officers, officials, employees, agents and volunteers is an Additional Insured on the General Liability policy per the Additional Insured Automatic Status Endorsement. All Additional Insured privileges apply only if required by written agreement between the Certificate Holder and the insured, and are subject to policy terms and conditions. APPROVED B— Tran-Mou4mn.aLli-25-am,-.lun Q9.o2026 CERTIFICATE HOLDER of Santa Ana ration: Parks, Recreation, and Community Services (c Center Plaza M-23 Ana, CA 92701 CANCELLATION 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 © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 41 Ob California Casualty Home Office: San Mateo, CA Coverage provided by: California Casualty Indemnity Exchange AUTOMOBILE POLICY DECLARATIONS RENEWAL For questions on your policy or to report a loss, call 800-800-9410. This document can be viewed at calcas.com/My-Account. Your policy is billed by E-Z Pay. Billing information will be mailed separately. NAMED INSURED(S): POLICY NUMBER: POLICY PERIOD: Davalos, Mayra & Castillo, Marco 101 4226699 Effective 11/04/25 Expiration 11/04/26 1909 W 15th St 12:01 A.M. Standard Time at the Santa Ana, CA 92706-3236 Named Insured''s address of record Residence Type: Owned - Single -Family e: macjrca@gmail.com Outline of Coverage for the 2023 HYUND PALISADE Vehicle ID Number: KM8R7DGE6PU507804 Vehicle Type: Automobile Garaged at: 1909 W 15th St, Santa Ana, CA 92706-3236 Loss Payee(s): SCHOOLS FIRST CREDIT UNION Annual Mileage on current policy term: 8,000 Vehicle Usage: Work 0-29 Annual Mileage on previous policy term: 12,000 Coverage is provided where a premium is shown. See your Policy Contract for coverage details. Coverage Bodily Injury Liability Property Damage Liability Uninsured Motorists Other Than Collision Collision Towing and Labor Costs Transportation Expense Loan Lease Vehicle Premium Subtotal CA Anti -Fraud Fee Total Vehicle Premium with Fees Limits Deductible Premium $100,000/$300,000 Each Person/Each Accident $362.00 $50,000 Each Accident $227.00 $100,000/$300,000 Each Person/Each Accident $116.00 Actual Cash Value Subject to Deductible $250 $482.00 Actual Cash Value Subject to Deductible $500 $763.00 Broad Coverage Applies $15.00 Optional Limits Apply $30 Per Day/$900 Maximum $8.00 Applies Included $1,973.00 The following discounted factors have been applied to this vehicle: Platinum Discount $1.76 $1,974.76 APPROVED By Tu Tian Nguyen at 11:25 am, Jun 09, 2026 UP-1176 CA (09/22) Page:1 of 6 tot California Casualty For questions on your policy or to report a loss, call 800.800-9410. This document can be viewed Home Office: San Mateo,CA at calcas.com/My-Account. Coverage provided by: California Casualty Indemnity Exchange Named Insured(s): Davalos, Mayra&Castillo, Marco Policy Number: 101 4226699 Outline of Coverage for the 2020 MAZDA CX-5 Vehicle ID Number: JM3KFACM9L0757454 Vehicle Type: Automobile Garaged at: 1909 W 15th St, Santa Ana, CA 92706-3236 Loss Payee(s): SCHOOLS FIRST CREDIT UNION Annual Mileage on current policy term: 9,000 Vehicle Usage: Work 30-149 Annual Mileage on previous policy term: 8,000 Coverage is provided where a premium is shown. See your Policy Contract for coverage details. Coverage Limits Deductible Premium Bodily Injury Liability $100,000/$300,000 Each Person/Each Accident $413.00 Property Damage Liability $50,000 Each Accident $244.00 Uninsured Motorists $100,000/$300,000 Each Person/Each Accident $138.00 Other Than Collision Actual Cash Value Subject to Deductible $250 $146.00 Collision Actual Cash Value Subject to Deductible $500 $403.00 Towing and Labor Costs Broad Coverage Applies $23.00 Transportation Expense Optional Limits Apply$30 Per Day/$900 Maximum $8.00 Vehicle Premium Subtotal $1,375.00 CA Anti-Fraud Fee $1.76 Total Vehicle Premium with Fees $1,376.76 The following discounted factors have been applied to this vehicle: Platinum Discount UP-1176 CA(09/22) Page:2 of 6 California Casualty For questions on your policy or to report a loss, call 800-800-9410. This document can be viewed Home Office: San Mateo, CA at calcas,com/My-Account. Coverage provided by: California Casualty Indemnity Exchange Named Insured(s): Davalos, Mayra & Castillo, Marco Policy Number: 101 4226699 Outline of Coverage for the 2007 TOYOT YARIS Vehicle ID Number: JTDBT923871084634 Vehicle Type: Automobile Garaged at: 1909 W 15th St, Santa Ana, CA 92706-3236 Annual Mileage on current policy term: 4,000 Vehicle Usage: Work 30-149 Annual Mileage on previous policy term: 4,000 Coverage is provided where a premium is shown. See your Policy Contract for coverage details. Coverage Limits Deductible Premium Bodily Injury Liability $100,000/$300,000 Each Person/Each Accident $230.00 Property Damage Liability $50,000 Each Accident $163.00 Uninsured Motorists $100,000/$300,000 Each Person/Each Accident $86.00 Uninsured Motorists-PD $3,500 Each Accident $8.00 Towing and Labor Costs Broad Coverage Applies $30.00 Vehicle Premium Subtotal $517.00 CA Anti -Fraud Fee $1.76 Total Vehicle Premium with Fees $518.76 The following discounted factors have been applied to this vehicle: Platinum Discount UP-1176 CA (09/22) Page:3 of 6 California Casualty Home Office: San Mateo, CA Coverage provided by: California Casualty Indemnity Exchange Policy Number: 101 4226699 Premium Summary 2023 HYUND PALISADE 2020 MAZDA CX-5 2007 TOYOT YARIS Total Policy Premium with Fees: For questions on your policy or to report a loss, call 800-800-9410. This document can be viewed at calcas.com/My-Account. $ 1,974.76 $ 1,376.76 $ 518.76 $ 3,870.28 You have the right to be informed, upon request, of any increase in premium, in whole or in part, charged to you due to involvement in any accident or moving citation conviction by yourself or any operator of the motor vehicle. Lienholder Information We send certain notices such as coverage summaries and cancellation notices to the following: Vehicle Interest(s) 2023 HYUND PALISADE SCHOOLS FIRST CREDIT UNION 2020 MAZDA CX-5 SCHOOLS FIRST CREDIT UNION Drivers and Household Members Name Yrs Exp* Marital Status Driver Type Assigned Vehicle MARCO A CASTILLO 18 Married Principal 2023 HYUND PALISADE ......... ......................................................... ..................... ................ I ....... ... I ........ I...... MAYRA EDITH DAVALOS 21 Married Principal 2007 TOYOT YARIS ......................... ................ :............................... ......................................................... Number of years the rated driver has been licensed to drive. Driver Level Discounts MARCO A CASTILLO Safe Driving Discount MAYRA EDITH DAVALOS Safe Driving Discount Policy Level Discounts Auto/Home Discount CTA Member Discount Good Driver Discount Good Driver Discount Multi Car Discount Principal 2020 MAZDA CX-5 ............................. ............. I.......... Persistency Discount Your Automobile policy consists of the Declarations and documents listed below. Please keep this information for your records. The following documents apply to your entire policy. PP2316 1013 Personal Vehicle Sharing Program Exclusion Endorsement PP0321 0105 Limited Mexico Coverage PP0001 0105 Personal Auto Policy PCCA98 0616 Coverage Enhancements - California PC0169 0914 Amendment of Policy Provisions - California PCO097 1023 Educators Coverage Enhancements CFRMSIG 0612 Signature Page PP1301 1299 Coverage for Damage to Your Auto Exclusion Endorsement PP0301 0886 Federal Employees Using Autos in Government Business PCCA99 0306 Supplementary Exclusions - California UP-1176 CA (09/22) Page:4 of 6 Rb/California Casualty Home Office: San Mateo, CA Coverage provided by: California Casualty Indemnity Exchange Policy Number: 101 4226699 P00099 0900 Special Provisions Endorsement CM0092 1109 Educators Waiver of Premium Benefit For questions on your policy or to report a loss, call 800-800-9410. This document can be viewed at calcas.com/My-Account. The following documents apply to your 2023 HYUND PALISADE PP0305 0886 Loss Payable Clause PP0302 0698 Optional Limits Transportation Expenses Coverage PC0303 0713 Towing and Labor Costs Coverage PP0335 0993 Auto Loan/Lease Coverage PP0487 0610 Uninsured Motorist Coverage - California The following documents apply to your 2020 MAZDA CX-5 PP0305 0886 Loss Payable Clause PP0302 0698 Optional Limits Transportation Expenses Coverage PC0303 0713 Towing and Labor Costs Coverage PP0487 0610 Uninsured Motorist Coverage - California The following documents apply to your 2007 TOYOT YARIS PC0303 0713 Towing and Labor Costs Coverage PP0487 0610 Uninsured Motorist Coverage - California UP-1176 CA (09/22) Page:5 of 6 POLICY NUMBER: NXTFK4RVYJ-00-GL COMMERCIAL GENERAL LIABILITY CG 24 04 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO U (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person(s) Or Organization(s): Any person or organization against whom you have agreed to waive such right of recovery in a written contract or agreement Information required to complete this Schedule, if not shown above, will be shown in the Declarations. 1 The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV —Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. CG 24 04 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person or Organization: City of Santa Ana, its City Council, officers, officials, employees, agents, and volunteers 20 Civic Center Piz # M-23 Santa Ana, CA 92701 SECTION II - WHO IS AN INSURED is amended to include the person or organization shown in the SCHEDULE, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. II. With respect to the insurance afforded to these additional insureds, the following is added to SECTION III — LIMITS OF INSURANCE: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. III. Coverage provided to the additional insured shown in the SCHEDULE is afforded on i) a primary basis, ii) a noncontributory basis, or iii) a primary and noncontributory basis in accordance with the applicable written contract between you and the additional insured. All other terms and conditions of the policy remain unchanged. NXUS-GL-2022.1-0218 Includes material copyrighted by Insurance Services Office, Inc. used with its Page 1 of 1 permission POLICY NUMBER: NXTFK4RVYJ-00-GL COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. A.�� • • �. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) I Location(s) Of Covered Operations City of Santa Ana, its City Council, officers, officials, CA employees, agents, and volunteers 20 Civic Center Piz # M-23 Santa Ana, CA 92701 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Pagel of 2 C. With respect to the insurance afforded to these 2. Available under the applicable limits of additional insureds, the following is added to insurance; Section III — Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most we applicable limits of insurance. will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or Page 2 of 2 © Insurance Services Office, Inc., 2018 CG 20 10 12 19 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 89 06 00 B POLICY INFORMATION PAGE ENDORSEMENT The following item(s) ❑ Insured's Name (WC 89 06 01) ❑ Policy Number (WC 89 06 02) ❑ Effective Date (WC 89 06 03) ❑ Expiration Date (WC 89 06 04) ❑ Insured's Mailing Address (WC 89 06 05) ❑ Experience Modification (WC 89 04 06) ❑ Producer's Name (WC 89 06 07) ❑ Change in Workplace of Insured (WC 89 06 08) ❑ Insured's Legal Status (WC 89 06 10) ❑ Item 3.A. States (WC 89 06 11) is changed to read: It is understood and agreed that: ❑ Item 3.13. Limits (WC 89 06 12) ❑ Item 3.C. States (WC 89 06 13) (Ed. 7-01) X7 Item 3.D. Endorsement Numbers (WC 89 06 14) ❑ Item 4.* Class, Rate, Other (WC 89 04 15) ❑ Interim Adjustment of Premium (WC 89 04 16) ❑ Carrier Servicing Office (WC 89 06 17) ❑ Interstate/Intrastate Risk ID Number (WC 89 06 18) ❑ Carrier Number (WC 89 06 19) ❑ Issuing Agency/Producer Office Address (WC 89 06 25) The following forms are added: WC 00 03 13 - Waiver Of Our Right To Recover From Others Endorsement All other terms and conditions remain unchanged. *Item 3.D. Change to Form Number WC 89 06 00 B (07-01) WC 04 03 06 WC 89 06 00B (Ed. 7-01) Form Title Policy Information Page Endorsement Waiver of Our Right to Recover from Others Endorsement -- California O 2001 National Council on Compensation Insurance, Inc. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT—CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. 2 The additional premium for this endorsement shall be _ on such remuneration. Person or Organization % of the California workers' compensation premium otherwise due Schedule Job Description This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Insured Policy No. Insurance Company Countersigned By Endorsement No. WC 04 03 06 (Ed. 04-84)