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HomeMy WebLinkAboutCONLEY, CHRISTINA oa ( rv-Baas-7 7s �(2o2� J U L 1 0 2026 Ac�UiY�'4.�Dz� NATIVE AMERICAN MONITORING SERVICES AGREEMENT THIS AGREEMENT is made and entered into on this 17th day of June, 2026 by and between Christina Conley("Consultant"), 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"). RECITALS A. The City desires to retain a Consultant having special skill and knowledge regarding the preservation and protection of Native American ancestral sites and Tribal cultural resources. Such services are to be provided in connection with City's construction of a new park at 10th & Flower Street. B. Consultant represents that Consultant is able and willing to provide such services to the City. The consultant serves as the cultural resources administrator for the Gabrielino Tongva Indians of California Tribal Council. 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. 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 Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Exhibit A, attached hereto and incorporated by reference. Such services will be provided in connection with City's construction of the 10th and Flower Street park project. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit B. The total amount to be expended during the term of this Agreement shall not exceed $25,000. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House(ACH)transfers. Consultant agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to Page 1 of 8 deposit payments directly into Consultant's account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above for a one (1) year term with the option for the City to grant a one-year extension, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however,the services to be provided by Consultant shall be provided in a manner consistent with all applicable 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 employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes,which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in. regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Insurance requirements are attached hereto as Exhibit C. 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal Page 2 of 8 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 Consultant, its subcontractors, agents, employees, or other persons acting on its 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. 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. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, 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 representation in any legal proceeding.Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent,trademark,or copyright infringement,including costs,contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3)years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant 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 Page 3 of 8 nonpublic information. 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 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 disclosed by operation of law; or(c) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE a. Consultant 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 Consultant or have any other direct or indirect financial benefit or interest in this Agreement. c. The 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 CalPERS retiree as authorized by City Council resolution d. The Consultant 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 Consultant warrants that it is not now aware of any facts which conflict with the prohibitions defined above. If the Consultant 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. e. Consultant 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. 12. NON-DISCRIMINATION Page 4 of 8 Consultant 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. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 1.3. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, 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 Consultant. 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 Consultant 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. 14. ASSIGNMENT Inasmuch 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 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. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Consultants retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event,Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER Page 5 of 8 No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure,right or remedy.No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JrURISDICTION-'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. 18. PROFESSIONAL LICENSES Consultant 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. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City Clerk City of Santa Ana 20 Civic Center Plaza(M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza(M-11) P.O. Box 1988 Santa Ana, California 92702 Page 6 of 8 To Consultant: Christina Conley Tribal Cultural Resource Administrator PO Box 941078 Simi Valley, CA 93094 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four(24)hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. 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, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact,held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [signatures on following page] Page 7 of 8 IN WITNESS WHEREOF,the parties hereto have executed this Agreement the date and year first above written. ATTEST: _ CITY OF SANTA ANA Jennife L. Hall - -"%� Alvaro Nunez City City Manager APPROVED AS TO FORM: SONIA R. CARVALHO CONSULTANT: City Attorney By: �i Kyle, ellesen By: Christina Conley Assistant City Attorney Title: Cultural Resource Administrator RECOMMENDED FOR APPROVAL: L5 �� R—odolfo Rosas, P.E. Acting Executive Director Public Works Agency Page 8 of 8 EXHIBIT A Scope of Work The monitors will complete daily monitoring logs that will provide descriptions of the relevant ground- disturbing activities, the type of construction activities performed, locations of ground- disturbing activities, soil types, cultural-related materials, and any other facts, conditions, materials, or discoveries of significance to the culturally affiliated Tribe. Monitor logs will identify and describe any discovered TCRs, including but not limited to, Native American cultural and historical artifacts,remains,places of significance, etc., (collectively, tribal cultural resources, or"TCR"), as well as any discovered Native American (ancestral) human remains and burial goods. Copies of monitor logs will be provided to the project applicant/lead agency upon completion of the Project. EXHIBIT B Compensation Consultant shall be paid for monitoring services at the following rates: (a) The standard, day-time rate per monitor is ninety dollars ($90.00)per hour for an eight (8) hour day ("Standard Workday"). Minimum hours billed are four (4). (b) Monitoring exceeding 8 hours per day, 40 hours per week,weekends, holidays or hours of 6PM to 6AM will be billed at a rate of$135 per hour. Weekend pay will also be billed at a rate of$135 per hour. (c) For travel and mileage, one hour each way will be billed for travel time and the federal mileage rate. In the event a scheduled Standard Workday is canceled entirely or the hours are altered for any reason, the "Project Supervisor" (i.e., the individual designated to oversee all construction activities for the Project, including but not limited to coordinating Project consultants) shall contact the Consultant no later than 5:00 p.m. PST on the business day prior to inform the Consultant of the change in scheduled monitoring services. If the Consultant reports to the Project Site pursuant to this Agreement because of a failure to notify, a minimum fee of three hundred dollars ($340.00) is applied per late cancellation event. EXHIBIT C Insurance Requirements Consultant shall procure and maintain for the duration of the agreement, the following insurance coverages: MINIMUM SCOPE AND LIMIT OF INSURANCE Consultant shall maintain limits of insurance coverage in the following minimum amounts and shall be at least as broad as: • Commercial General Liability(CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal &advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. • 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 Consultant 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 Consultant has no employees. If Consultant 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 Consultant. 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: 1. CGL and AL policies: City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, equipment, and personnel furnished in connection with such work or operations. 2. CGL, AL, and WC policies: Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant for City. 3. All required insurance policies: For any claims related to this contract, Consultant'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 Consultant'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: (Name of Department Staff Responsible for Agreement), Address of Department Responsible for Agreement, M-XX, 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 Consultant 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 Consultant 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 ❑eclarations 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 Consultant'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, Consultant must purchase "extended reporting" coverage for a minimum of three (3) years after completion of work. Subcontractors Consultant shall require and verify that all sub-contractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from sub-contractors. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. _Christina Conley Agreement Packet Final Audit Report 2026-07-07 Created: 2026-07-06 By: Hortencia Martinez(hmartinez@santa-ana,org) Status: Signed Transaction ID: CBJCHBCAABAAzdEu_Kr7N819JiylOK49144t_gr1ZrdO "_Christina Conley Agreement Packet" History Document created by Hortencia Martinez (hmartinez@santa-ana.org) 2026-07-06- 10:46:33 PM GMT Document emailed to mortiz@santa-ana.org for signature 2026-07-06-10:46:38 PM GMT Email viewed by mortiz@santa-ana.org 2026-07-06-10:46:48 PM GMT p Signer mortiz@santa-ana.org entered name at signing as Michael Ortiz 2026-07-07-0:57:47 AM GMT a Document e-signed by Michael Ortiz (mortiz@santa-ana.org) Signature Date:2026-07-07-0:57:49 AM GMT-Time Source:sewer-Signature Appearance Selected: MOBILE-DRAW d Agreement completed. 2026-07-07-0:57:49 AM GMT Adobe Acrobat Sign CHRICON-01 CRYSIR CERTIFICATE OF LIABILITY INSURANCE OAT/18/20lY sisr2o26 s THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements}. PRODUCER CONTACT NAME: Fiscus Commercial Insurance Services,Inc. PHONE 805 523-8600 FAX 805 523-8611 1164 Road Runner Way (AIC,No,Extl;( ) (arc,No),[ ) Simi Valley,CA 93065 ADDRESS:certs Q&cisonline.com INSURERS AFFORDING COVERAGE NAIC H INSURER A:ACE Fire Underwriters Insurance Company 20702 INSURED INSURER B Christina Conley&Robert Dorame INSURER C PO BOX 490 INSURER D Bellflower,CA 90707 INsuRER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS R TYPE OF INSURANCE ADDp SLIBI'VVVDPOLICY NUMBER POLICY O ICY EFF POLICY EXP LIMITS A I X COMMERCIAL GENERAL UABIL9TY EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE X OCCUR D98200054 9/23/2025 9/2312026 DAMAGE TO RENTED 1,000,000 X X PREMISES Ea occurrence__1$ MED EXP Any one personl_ _ $ 5,000 PERSONAL&ADV INJURY $ 2,000,000 GEN'LAGGREGATELIMITAPPLIESPER: GENERAL AGGREGATE $ 4,000,000 X� POLICY f PRO LOC PRODUCTS-COMPIOPAGG $ 4,OOQOOO JECT OTHER: COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY Ea accident $ ANY AUTO BODILY INJURY fPer person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ AUTOS ONLY AUONA ONELDY Peaacc�dentDAMAGE $ UMBRELLA LIAB I OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE _AGGREGATE _ DED I RETENTION$ WORKERS COMPENSATION PER ERH AND EMPLOYERTLIABILITY YIN 'ANY PROPRIETORIPARTNERfEXECUTIVE , N 1 A , E.L.EACH ACCIDENT $ FFICERIMEMDER EXCLUDED? Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ It yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT I i DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (ACORD 101,Additional Remarks Schedule,may be at(ached If more space is required) General Liability&Professional Liability The entity or entities listed in this section islare hereby named as Additional Insured(s)if required in a written contract or written agreement with the Named Insured.Primary and Non-Contributory provisions apply to the entity or entities listed in this section if required in a written contract or written agreement with the Insured.Waiver of Subrogation is in favor of the entity or entities listed in this section if required in a written contract or written agreement with the Named Insured. SEE ATTACHED ACORD 101 APPROVED 41,2 226 CERTIFICATE HOLDER CANCELLATION By Tu Tran Nguyen at 9:57 am,Jun 2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CI of Santa Ana,Public Works Agency Park Services THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City 9 y— ACCORDANCE WITH THE POLICY PROVISIONS. Division 20 Civic Center Plaza Santa Ana,CA 92701 AUTHORIZED REPRESENTATIVE ACORD 25(2016103) po 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID:CHRICON-01 CRYSIR LOC#; 1 .4CORO� ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMEDiN5URED iscus Commercial Insurance Services,Inc. Christina Conley&Robert Dorame Po Box ago POLICY NUMBER Bellflower,CA 90707 SEE PAGE 1 CARRIER NAIC CODE SEE PAGE 1 SEE P 1 EFFECTIVE DATE:SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability_Insurance Description of Operations/LocationsNehicies: ENTITIES: City of Santa Ana, Public Works Agency—Park Services Division, Robert Dorame, Dane Thomas,James Gradias,Jon Gradias, Dorena O'neil and River Garza. ACORD 101 (2008101) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD BUSINESSOWNERS LIABILITY ENHANCEMENTS ENDORSEMENT Named Insured Endorsement Number CHRISTINA CONLEY& ROBERT DORAME BOP47635a0716 Policy Symbol Policy Number Policy Period Effective l of Endorsement SER I 1398280054 09-23-2025 to 09-23-2026 09-23-2025 Issued By(Name of Insurance Company) ACE Fire Underwriters Insurance Com an THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM TABLE OF CONTENTS Page -Supplementary Payments- Bail Bonds And Bonds To Appeal Judgments-No Sublimit 2 Medical Expenses-Three Years To Report Expenses 2 Non-Owned Watercraft Under 55 Feet 2 Non-Owned Aircraft 2 Damage To Property- Exception For Equipment Loaned Or Rented To Insured 2 Who Is An Insured-Subsidiaries Or Newl Ac uired Or Formed Organizations 3 Who Is An Insured - Employees (Including For CPR and First Aid)And Volunteer Workers 3 Additional Insured-Lessor Of Leased Equipment 4 Additional Insured-Managers Or Lessors Of Premises 4 Additional Insured -Vendors 5 Additional Insured-Other Persons Or Organizations Pursuant To Contract Or Agreement 6 -Damage To Premises Rented To You -$1,000,000 7 Per Location General Aggregate Limit With Combined Total Aggregate Limit 8 Knowledge/Notice Of Occurrence 9 -Bodily Injury, Includin Resulting Mental Anguish 9 Coverage Territory, Limited Worldwide 10 Personal Injury, Including Discrimination, Harassment And Segregation 10 Unintentional Failure To Disclose Hazards 10 Other Insurance, Including Primary Provision 10 Waiver Of Subrogation Required By Contract 11 This endorsement modifies the coverages provided under the Businessowners Coverage Form. Notwithstanding anything to the contrary, the provisions of the Businessowners Coverage Form apply, except as provided in this endorsement. The titles of the various paragraphs of this endorsement are inserted solely for convenience or reference and are not to be deemed in any way to limit or affect the provisions to which they relate. A. SUPPLEMENTARY PAYMENTS-BAIL BONDS AND BONDS TO APPEAL JUDGMENTS - NO SUBLIMIT In Section II -Liability, Paragraph A. Coverages, 1. f. Coverage Extension-Supplementary Payments, subparagraphs (1)(b) and (c) are replaced by the following: (b) The cost of bail bonds. but only for bond amounts within the available limit of insurance. We do not have to furnish these bonds. BOP-47635a(07116) Includes copyrighted material of tnsurance Services Office, with Its permission, 2016. Page 1 of 11 (c) The cost of bonds to appeal judgments or release attachments, but only for amounts within the available limit of insurance. We do not have to furnish these bonds. B. MEDICAL EXPENSES—THREE YEARS TO REPORT EXPENSES In Section Il—Liability, Paragraph A. Coverages, 2. Medical Expenses, subparagraph a.(b) is replaced by the following: (b) The expenses are incurred and reported to us within three years of the date of the accident; and C. NON-OWNED WATERCRAFT UNDER 55 FEET In Section 11 - Liability, Paragraph B. Exclusions, subparagraph (2) of Exclusion 1.g. Aircraft,Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 55 feet long; and (b) Not being used to carry persons or property for a charge; D. NON-OWNED AIRCRAFT" In Section Il -Liability, Paragraph B. Exclusions, the following exception is added to Exclusion 1.g. Aircraft, Auto or Watercraft in Section Il— Liability, This exclusion does not apply to an aircraft you do not own provided: 1, The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of.America or Canada, designating that person as a commercial or airline transport pilot; 2, It is rented with a trained, paid crew; and 3. It does not transpoi-t persons or cargo for a charge. E. DAMAGE TO PROPERTY- EXCEPTION FOR EQUIPMENT LOANED OR RENTED TO THE INSURE® In Section Il -Liability; Paragraph B. Exclusions, the following exception is added to Exclusion 1.k. Damage To Property: Paragraphs(3)and (4) of this exclusion do not apply to"property damage"to equipment rented or loaned to the insured, provided such equipment is not being used to perform any operations at a construction job site. F. WHO IS AN INSURED -SUBSIDIARIES OR NEWLY ACQUIRED OR FORMED ORGANIZATIONS In Section 11 -Liability, Paragraph C.Who is an Insured is amended to include the following: If there is no other insurance available, each of the following is also a Named Insured: BOP-47635a(07116) includes copyrighted material of Insurance Services Office,with its permission, 2016. Page 2 of 11 1. A subsidiary organization of the first Named Insured shown in the Declarations of which, at the beginning of the policy period and at the time of loss, the first Named Insured controls, either directly or indirectly, more than 50 percent of the interests entitled to vote generally in the election of the governing body of such organization; or 2. A subsidiary organization of the first Married Insured shown in the Declarations that the first Named Insured acquires or forms during the policy period, if at the time of loss the first Named Insured controls, either directly or indirectly, more than 50 percent of the interests entitled to vote generally in the election of the governing body of such organization. G. ldhrrHO IS AN INSURED -EMPLOYEES (INCLUDING CPR AND FIRST AID)AND VOLUNTEER WORKERS In Section II -Liability, Paragraph C.Who is an Insured, Paragraph 2.a. is replaced by the following: 2. Each of the following is also an insured: a. Your"employees" but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, no "employee" is an insured for; f1)°Bodily injury"or"personal and advertising injury": (a) To you, to any of your directors, managers, members, "executive officers" or partners (whether or not an "employee") or to any co2employea"while such injured person is either in the course of his or her employment or while performing duties related to the conduct of your business; (b) 'ro the brother, child, parent, sister or spouse of such injured person as a consequence of any injury described in Paragraph (a) above; or (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of any injury described in Paragraph (a) or(b) above. With respect to"bodily injury" only, the limitations described in Paragraph 2.a.(1) above do not apply to you or to your directors, ranagers, members, "executive officers", partners or supervisors as insureds. The limitations also do not apply to your"employees" as insureds, with respect to such damages caused by cardiopulmonary resuscitation or first aid services administered by such an "employee". (2) "Property damage"to any property owned, occupied or used by you or by any of your directors, managers, members, `executive officers" or partners (whether or not an "employee") or by any of your"employees". This limitation does not apply to"property damage"to premises while rented to you or temporarily occupied by you with the permission of the owner_ b. Your"volunteer workers", but only while acting within the scope of their activities for you and at your direction. H. ADDITIONAL INSUREDS In Section 11 -Liability, Paragraph C.Who is an Insured,the following is added: 2. Each of the following is also an insured: P0P-47635a(07/16) Includes copyrighted material of Insurance Services Office,with its permission, 2016. Page 3 of 11 LESSOR OF LEASED EQUIPMENT e. Any person or organization from whorls you lease equipment, but only with respect to liability for "bodily injury" "property damage" or"personal and advertising injury" caused, in whole or in part, by your r;aintenance, operation or use of equipment leased to you by such person or organization and only if you are required by a contract or agreement to provide them with such insurance as is afforded by this policy. However, the insurance afforded to such additional insured: (1)Only applies to the extent permitted by law; and (2)Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any"occurrence"which tapes place after the equipment lease expires. MANAGERS OR LESSORS OF PREMISES f, Any person or organization from whom you lease premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and only if you are required by a contract or agreement to provide them with such insurance as is afforded by this policy. However, the insurance afforded to such additional insured: (1)Only applies to the extent permitted by law; and (2)Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: (1) Any"occurrence"that takes place after you cease to be a tenant in such premises. (2)Structural alterations, new construction or demolition operations performed by or for such additional insureds. VENDORS 9. Any person or organization who is a vendor of"your products", but only with respect to"bodily injury" or"property damage" arising out of"your products"which are distributed or sold in the regular course of the vendor's business. However: (1) The insurance afforded to such vendor only applies to the extent permitted by law; and (2) If coverage provided 0 the vendor is required by a contract or agreement, the BOP-47635a(07/16) Includes copyrighted material of Insurance Services Office,with its permission,2016. Page 4 of 11 insurance afforded to such vendor will not be broader than that which you are required by the contract or agreement to provide for such vendor. With respect to the insurance afforded to these vendors, the following additional exclusions apply: (1) This insurance afforded the vendor does not apply to: (a) "Bodily injury" or"property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to the liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change In the product made intentionally by the vendor (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or"property damage"arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf, However, this exclusion does not apply to: (i) The exceptions contained in Subparagraph (d) or(f); or (il) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization from whom you have acquired such products, or any ingredient, part or container entering into, accompanying or containing such produ its. With respect to the insurance afforded to these vendors, the following is added to Paragraph D. Liability And Medical Expenses Limits Of Insurance: If coverage provided by the vendor is required by a contract or agreement, the most we will pay on behalf of the vendor is the amount of insurance: (1) Required by the contract or agreement; or (3) Available under the applicable Limits Of Insurance shown in the Declarations; BOP-47635a(07/16) Includes copyrighted material of Insurance Services Office, with its permission,2016. Page 5 of 11 whichever is less. This shall not increase the applicable Limits Of Insurance shown in the Declarations. OTHER PERSONS OR ORGANIZATIONS PURSUANT TO CONTRACT OR AGREEMENT h. Any persons or organizations that you are required by a contract or agreement to provide with such insurance as is afforded by this policy. However, such a person or organization is an insured only: (1) To the extent such contract or agreement requires the additional insured to be afforded status as an insured; and (2) For activities that did not occur, in whale or in part, before the execution of the contract or agreement. No person or organization is an insured under this provision: (t) That is more specifically identified under any other provision of Paragraph C.Who Is An Insured (regardless of any limitation applicable thereto). (2) With respect to any assLrMpticn of liability in a contract or agreement. This limitation does not apply to the liability for damages the additional insured would have in the absence of the contract or agreement. However,the insurance afforded to such persons or organizations: (1) Only applies to the extent permitted by law; and (2) Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. The following is added at the end of Paragraph G.Who Is An Insured: No person or organization is an insured with respect to the conduct of any current or past partnership,goint venture or limited iiability company that is not shown as a Named Insured in the Declarations. However, no person or organization is an insured with respect to the: a. Ownership, maintenance or use of any assets; or b. Conduct of any person or organization whose assets, business or organization; any Named insured acquires, either directly or indirectly, for any: (1) "Bodily injury„ or"property damage" that occurred; or (2) "Personal and advertising injury" arising out of an offense first committed; in whole or in part, before such acquisition is executed. With respect to the insurance afforded to the persons or organizations described in Paragraphs e., f.,. and h. above, the following is added to Paragraph D. Liability And Medical Expenses Limits Of Insurance: The most we will pay on behalf of such person or organization is the amount of insurance: BOP-47636a(07/16) Includes copyrighted matariai of Insurance Services Office,with its permission, 2016. Page 6 of 11 (1) Required by the contract or agreement; or (2) Available under the applicable Limits Of Insurance shown in the Declarations; whichever is less. This shall not increase the applicable Limits Of Insurance shown in the Declarations. 1. DAMAGE TO PREMISES RENTED TO YOU--$1,000,000 In Section 11 -Liability, Paragraph D. Liability and Medical Expenses Limits of Insurance, Paragraphs 3. and 4. are deleted and replaced with the following: 3. Subject to the Liability And Medical Expenses Limits Of Insurance, the most we will pay under Business Liability Coverage for damages because of"property damage"to any one premises while rented to you or while temporarily occupied by you with permission of the owner is$1,000,000. 4, Aggregate Limits The most we will pay for: a. All "bodily injury„and "property damage"that is included in the"products-completed operations hazard" is twice the Liability and Medical Expenses limit. b. All: (1) "Bodily injury" and "property damage" except damages because of"bodily injury„or"property damage included in the"products-completed operations hazard"; (2) Plus medical expenses; (3) Pdus all "personal and advertising injury" caused by offenses committed; is twice the Liability and Medical Expenses Limit. The Limits of Insurance of Section 11—Liability apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. J. PER LOCATION GENERAL AGGREGATE LIMIT WITH COMBINED TOTAL AGGREGATE LINT In Section 11-Liability, Paragraph D. Liability and Medical Expenses Limits of Insurance, the following is added: 1. Subject to the Combined Total Aggregate Limit shown in the Declarations, for the sure of all damages that the insured becomes legally obligated to pay for all "bodily injury"and "property damage"caused by "occurrences" under Paragraph A,1. Business Liability, and for all medical expenses caused by accidents under Paragraph A.2. Medical Expenses, which can be attributed only to a single "location": BOP-47636a(07i16) includes copyrighted material of Insurance Services Office,with its permission, 2016. Page 7 of 11 a. A separate Location General Aggregate Limit will apply to each "location", and that limit is equal to the Other than ProductslCompleted Operations Aggregate Limit shown in the Declarations. la. The separate Location General Aggregate Limit is the most we will pay for the sum of all damages for"bodily injury" or"property damage" under Paragraph A.1. Business Liability, except in connection with "bodily injury" or"property damage" included in the"products- completed operations hazard", and for medical expenses Linder Paragraph A.2. Medical Expenses, regardless of the number of: (1) Insureds; (2) Claims made or"suits" brought; or (3) Persons or organizations making clairns or bringing "suits". C. Any payments made under Paragraph A.1. or under Paragraph A.2. Medical Expenses shall reduce the separate Location General Aggregate Limit for that"location". Such payments shall not reduce the Other Than Products/completed Operations Aggregate Limit shown in the Declarations nor shall they reduce the separate: Location General Aggregate Limit for any other"location". cf. The limits shown in the Declarations for Each Occurrence, [damage To Premises Rented To You and Medical Expense continue to.apply. However, instead of being subject to the Other Than Prod uctslCorrlpleted Operations Aggregate Limit shown in the Declarations, such limits will be subject to the applicable separate Location General Aggregate Limit. 2. Subject to the Combined Total Aggregate Limit shown in the Declarations, for the sum of all damages that the Insured becomes legally obligated to pay for all "bodily injury" or"property damage"caused by occurrences under Paragraph A.I. Business Liability and for all medical expenses caused by accidents under Paragraph A.2.,which cannot be attributed only to operations at a single"location". a. Any payments made under Paragraph A.I. Business Liability for damages or under Paragraph A.2. for medical expenses shall reduce the amount available under the Other Than Products/Completed Operations Aggregate Limit or the Products/Completed Operations Aggregate Limit, whichever is applicable; and b. Such payments shall not reduce the separate Location General Aggregate Limit applicable to a single"location". 3, Subject to the separate Location General Aggregate Limit and all other applicable limits, the Combined Total Aggregate Liunit shown in the Declarations is the most we will pay for the combined sum of amounts described above, regardless of the number of"locations". 4. Any payments we make for"bodily injury" or"property damage" included in the"products-completed operations hazard"will reduce the Products-Completed Operations Aggregate Limit regardless of the number of"locations", and not reduce the Other Than Productslcompleted Operations Aggregate Limit nor the separate Location General Aggregate Limit applicable to a single'location." 5, As used in this endorsement, "location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 6. The provisions of Paragraph D. Liability and Medical Expenses Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. K. KNOWLEDGEINOTICE OF OCCURRENCE In Section II -friability, Paragraph E. Liability and Medical Expenses General Conditions, 2. Duties In the Event Of Occurrence, Offense, Claim or Suit is amended to include the following: BOP-47635a(07116) includes copyrighted material of Insurance Services Office, with its permission, 2016. Page 8 of 11 e. Knowledge of an "occurrence" or offense by an agent or"employee"of the insured will not constitute knowledge by the insured, unless an "executive officer" (whether or not an "employee") of any insured or an "executive officer's"designee knows about such "occurrence" or offense. Failure of an agent or"Employee" of the insured, other than an "executive officer" (whether or not an "employee") of any insured or an "executive officer's"designee, to notify us of an"occurrence" or offense that such person knows about will not affect the insurance afforded to you. L if a claim or loss does not reasonably appear to involve this insurance, but it later develops into a claim or loss to which this insurance applies, the failure to report it to us will not violate this condition, provided the ;nsured gives us immediate notice as soon as the insured is aware that this insurance may apply to such loss or claim. L. BODILY INJURY, INCLUDING RESULTING MENTAL ANGUISH In Section II -Liability, Paragraph F. Liability and Medical Expenses Definitions, paragraph 3. is deleted and replaced with the following: 3. "Bodily injury" means physical: a. I nj u ry; b. Sickness; or c. Disease; sustained by a person, including resulting death, humiliation, mental anguish, mental injury or shock at any time. All such loss shall, be deemed to occur at the time of the physical injury, sickness or disease. M. COVERAGE TERRITORY, LIMITED WORLDWIDE In Section 11 -Liability, Paragraph F, Liability and Medical Expenses Definitions, paragraph 4. is deleted and replaced by the following: 4. "Coverage territory"means all parts of the world. However, "coverage territory" does not include any: a. "Bodily injury" or"property damage" that takes place or any offense committed outside of the United States of America (including its possessions and territories), Canada and Puerto Rico, unless the insa ured's responsibility to pay damages is determined by a "suit"on the merits that is brought in the United States of America (including its possessions and territories), Canada or Puerto Ricer; or b. Injury or damage in connection with any"suit" brought outside the United States of America (including its possessions and territories), Canada and Puerto Rico. N. PERSONAL INJURY, INCLUDING DISCRIMINATION, HARASSMENT AND SEGREGATION In-Section II -Liability, Paragraph F. Liability and Medical Expenses Definitions, paragraph 14. is amended to include the following: h. Discrimination, harassment or segregation based on a person's age, color, national origin, race, religion or sex unless committed by or at the direction of any"executive officer", director, stockholder, partner or member of the insured. BOP-47635a(07116) Includes copyrighted material of Insurance Services Office,with its permission, 2016. Page 9 of 11 0. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS In Section Ill—Common Policy Conditions, Paragraph C. Concealment, Misrepresentation or Fraud is amended to include the following additional paragraph.- Unintentional failure of an "employee" of the insured to disclose a hazard or other material information will not violate this condition, unless an "executive officer" (whether or not an "employee")of any insured knows about such hazard or other material information. P. OTHER INSURANCE, INCLUDING PRIMARY PROVISION In Section III--Common Policy Conditions, Paragraph H. Other Insurance, subparagraphs 2. and 3, are replaced by the following: H. Otherinsurance It other valid and collectible insurance is available to the insured for a loss we cover under this insurance, our obligations are limited as follows: 1. Primary Insurance This insurance is primary except when Paragraph 2 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 rather insurance by the method described in Paragraph 3 below. 2. Excess Insurance a. This insurance is excess over: (1) 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 "your work"; Jb)That is insurance that applies to"property damage"to premises rented to you or temporarily occupied by you with permission of the owner; or (c)If the loss arises out of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section II.B. Exclusions, 1. Applicable to Business Liability Coverage; or (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. b. When this insurance is excess, we will have no duty 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. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, it any, that exceeds the sure of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; BOP-47635a(07116) includes copyrighted material of Insurance Services Office, with its permission,2016. Page tt3 of 11 (2) The total of all deductible and self-insured amounts under all that other insurance. d. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not brought specifically to apply in excess of the Limits of Insurance shown in the [Declarations of this Coverage Part. 3. Method of Sharing 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. It 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. Q. WAIVER OF SLIB OGATION REQUIRED BY CONTRACT In Secbon III—Common Policy Conditions, Paragraph K.Transfer of Fights of Recovery Against Others To Us, subparagraph 2. is replaced by the following: 2, Applicable to Businessowners Liability Coverage: We will waive the rights of recovery we would otherwise have had against another person or organization, for loss to which this insurance applies, provided the insured has waived their rights of recovery against such person or organization in a contract or agreement that is executed before such loss, To the extent that the insured's rights to recover all or part of any payment made under this Coverage Part have not been waived, those rights are transferred to us. The insured must do nothing after lass to impair them. At our request; the insured will bring"suit" or transfer those rights to us and help us enforce them. This paragraph does not apply to Medical Expenses Coverage. All other terms and conditions of the policy remain unchanged, BOP-47635a(07116) Includes copyrighted material of Insurance Services Office,with its permission,2016. Page 11 of I I BUSINESSOWNEBS BP 14 88 07 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the fallowing: BUSINESSOWNERS COVERAGE FORM The following is added to Paragraph H. Other 2. You have agreed in writing in a contract or Insurance of Section III a Common Policy agreement that this insurance would be Conditions and supersedes any provision to the primary and would not seek contribution from contrary: any other insurance available to the additional Primary And Noncontributory Insurance insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: 1. The additional insured is a Tamed Insured under such other insurance; and BP 14 88 07 13 Oc Insurance Services Office, Inc., 2012 Page 1 of 1 cfc DECLARATIONS INSURING CLAUSE 1: PROFESSIONAL LIABILITY ALL SECTIONS COMBINED Aggregate limit of liability: USD4,000,000 in the aggregate SECTION A: ERRORS AND OMISSIONS Limit of liability: USD2,000,000 each and every claim, including costs and expenses Deductible: USD2,500 each and every claim, including costs and expenses SECTION B: BREACH OF CONTRACT Limit of liability: USD2,000,000 each and every claim, including costs and expenses Deductible: USD2,500 each and every claim, including costs and expenses SECTION C: SUB-CONTRACTOR VICARIOUS LIABILITY Limit of liability: USD2,000,000 each and every claim, including costs and expenses Deductible: USD2,500 each and every claim, including costs and expenses SECTION D:CONTINGENT BODILY INJURY AND PROPERTY DAMAGE LIABILITY Limit of liability. USD2,000,000 each and every claim, including costsand expenses Deductible: USD2,500 each and every claim, including costsand expenses SECTION E: INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT Limit of liability: USD2,000,000 each and every claim, including costs and expenses Deductible: USD2,500 each and every claim, including costs and expenses SECTION F: POLLUTION LIABILITY Limit of liability: USD2,000,000 each and every claim, including costs and expenses Deductible: USD2,500 each and every claim, including costs and expenses SECTION G: REGULATORY COSTS AND FINES Limit of liability: USD2,000,000 each and every claim, including costs and expenses Deductible: USD2,500 each and every claim, including costs and expenses : cfc SECTION H: DISHONESTY OF EMPLOYEES Limit of liability: USD2,000,000 each and every claim, including costs and expenses Deductible: USD2,500 each and every claim, including costs and expenses SECTION I: PAYMENT OF WITHHELD FEES Limit of liability: USD2,000,000 each and every claim Deductible: USD2,500 each and every claim, including costs and expenses INSURING CLAUSE 2: CYBER AND PRIVACY NO COVER GIVEN INSURING CLAUSE 3: CYBER CRIME NO COVER GIVEN INSURING CLAUSE 4: CYBER EXTORTION NO COVER GIVEN INSURING CLAUSE S: COMMERCIAL GENERAL LIABILITY NO COVER GIVEN INSURING CLAUSE 6: COMMERCIAL PROPERTY NO COVER GIVEN INSURING CLAUSE 7: BUSINESS INTERRUPTION NO COVER GIVEN INSURING CLAUSE S: LOSS MITIGATION Aggregate limit of liability: USD4,000,000 in the aggregate, including costs and expenses Deductible: USDO each and every claim INSURING CLAUSE 9: COURT ATTENDANCE COSTS Aggregate limit of liability: USD100,000 in the aggregate, including costs and expenses Deductible: USDO each and every claim f c fc INSURING CLAUSE 10: REPUTATION AND BRAND PROTECTION Aggregate limit of liability: USD100,000 in the aggregate, including Costs and expenses Deductible: USDO each and every claim cfc b. in respect of INSURING CLAUSES 3, 4 and 6, report the theft or incident as soon as is reasonably practicable to the appropriate law enforcement authorities and provide us with a copy of this report on our request; c. provide us in a timely manner with any other information and assistance that we may req uest; d. in respect of INSURING CLAUSE 4, not incur any costs or promise any payment, including any ransom payment, without our prior written agreement (which will not be unreasonably withheld); and e. not admit liability for or settle or make or promise any payment or incur any costs and expenses without our prior written agreement (which will not be unreasonably withheld). In respect of INSURING CLAUSES 1 and 5 (SECTION F only), if you notify an incident that we agree is reasonably expected to give rise to a claim,we will accept any claim that arises out of the incident as being notified under this Policy. We require you to provide full details of the incident, including but not limited to: a. the time, place and nature of the incident; b. the manner in which you first became aware of this incident; c. the reasons why you believe that this incident could give rise to a claim under this Policy; d. the identity of the potential claimant; and e. an indication as to the size of the claim that could result from this incident. In respect of INSURING CLAUSES2, 3 and 4, if you discover a cyber eventyou may only incur costs, other than costs incurred to respond to an extortion demand (including any ransom payment), without our prior written consent within the first 72 hours following the discovery and any third party costs incurred must be with a company forming part of the approved claims panel providers. All other costs may only be incurred with the prior written consent of the claims managers(which will not be unreasonably withheld). 2. Additional insureds We will indemnify any third party as an additional insured under this Policy, but only in respect of sums which they become legally obliged to pay (including liability for claimants' costs and expenses) as a result of a claim arising solely out of an act committed by you, provided that: a. you contracted in writing to indemnify the third party for the claim prior to it first being made against them;and b. had the claim been made against you, then you would be entitled to indemnity under this Policy. Dro-essions vS.0 C fC Before we indemnify any additional insured they must: a. prove to us that the claim arose solely out of an act committed byyou; and b. fully comply with CONDITION 1 as if they were you. Where we indemnify a third party as an additional insured under this Policy,this Policy will be primary and non-contributoryto the third party's own insurance, but only if you and the third party have entered into a contract that contains a provision requiring this. Where a third party is treated as an additional insured as a result of this Condition, any claim made by that third party against you will be treated by us as if they were a third patty and not as an insured. 3. Agreement to pay claims(duty to defend) We have the right and duty to take control of and conduct in your name the investigation, settlement or defense of any claim. We will not have any duty to pay costs and expenses for any part of a claim that is not covered by th is Policy. You may ask the claims managers to consider appointing your own lawyer to defend the claim on your behalf and the claims managers may grant your request if they consider your lawyer is suitably qualified by experience,taking into account the subject matter of the claim, and the cost to provide a defense. We will endeavor to settle any claim through negotiation, mediation or some other form of alternative dispute resolution and will pay on your behalf the amount we agree with the claimant. if we cannot settle using these means,we will pay the amount which you are found liable to pay either in court or through arbitration proceedings,subject to the limit of liability. We will not settle any claim without your consent. If you refuse to provide your consent to a settlement recommended by us and elect to continue legal proceedings in connection with the claim, any further costs and expenses incurred will be paid by you. As a consequence of your refusal, our liability for the claim will not be more than the amount for which the claim could have been settled had you consented, plus any costs and expenses incurred prior to the date of your refusal. 4. Application warranty You agree that all statements made by you in the application form, including any renewai application form, and any supplemental materials you have supplied in support of the application for insurance, are your agreements and representations to us and the Policy is issued in reliance upon that information. The misrepresentation or non-disclosure of any matter by you oryour agent will render this Policy null and void and relieve usfrom all liability under this Policy. 0 C i C S. Calculation of business interruption losses Following an interruption to your business activities covered under INSURING CLAUSES 2 (SECTIONS F or G only) or 7,you must provide us with your calculation of the lass including: a. how the loss has been calculated and what assumptions have been made;and b. supporting documents including account statements,sales projections and invoices. 6. Cancellation This Policy maybe canceled with 30 days written notice by either you or us. If you give us notice of cancellation, the return premium will be in proportion to the number of days that the Policy is in effect. However, if you have made a claim under this Policy there will be no return premium. If we give you notice of cancellation, the return premium will be in proportion to the number of days that the Policy is in effect. We also reserve the right of cancellation in the event that any amount due to us by you remains unpaid more than 60 days beyond the inception date. if we exercise this right of cancellation it will take effect from 14 days after the date the written notice of cancellation is issued. The Policy Administration Fee will be deemed fully earned upon inception of the Policy. 7. Commercial property amount insured reinstatement In respect of INSURING CLAUSE 6, in the event that the amount insured is partially reduced or totally exhausted due to the payment of a claim as a result of damage to your premises or contents,the amount insured will be automatically reinstated, provided: a. we do not give you written notice within 30 days of the notification of damage stating otherwise; b. where the amount of loss, net of the applicable deductible, exceeds $20,000 you pay an additional premium as advised by us; and C. you agree to any other risk management conditions requested by us. 8. Continuous cover In respect of INSURING CLAUSES 1 and 5 (SECTION F only), if during the period of a previous renewal of this Policy you neglected, through error or oversight only, to report to us an incident that might give rise to a claim, then provided you have maintained uninterrupted insurance of the same type with us since expiry of the previous renewal of this Policy,we will permit the incident to be reported to us under this Policy and we will indemnify you under this Policy in respect of any claim that arises out of the incident, provided: Zro esssicns v5.0 r cfc a, the indemnity will be subject to the applicable limit of liability of the previous renewal of this Policy under which the incident should have been reported to us or the applicable limit of liability,whichever is the lower,- b. we may reduce the indemnity entitlement by the monetary equivalent of any prejudice which has been suffered as a result of the delayed notification;and c. the indemnity will be subject to all other terms and conditions of this Policy. We requireyou to provide full details of the incident, including but not limited to: a. the time, place and nature of the incident; b. the manner in which you first became aware of this incident; c. reasons whyyou believe that this incident could give rise to a Claim; d. the identity of the potential claimant; and e. an indication as to the size of the claim that could result from this incident. For the avoidance of doubt, this Condition only applies to incidents that might give rise to a claim. 9. Cross liability and severability In respect of INSURING CLAUSE S only,where there is more than one entity insured under this Policy, and subject to the limit of liability, any claim made by one insured entity against another insured entity will be treated as if they are a third party and knowledge possessed by one insured entity will not be imputed to any other insured entity. 10. Dispute resolution All disputes or differences between you and us will be referred to mediation or arbitration and will take place in the country of registration of the company named as the insured in the Declarations page. In respect of any arbitration proceeding we wilt follow the applicable rules of the arbitration association in the country where the company stated as the insured in the Declarations page is registered,the rules of which are deemed incorporated into this Policy by reference to this Condition. Unless the applicable arbitration association rules state otherwise, a single arbitrator will be appointed who will be mutually agreed between you and us. If you and we cannot agree on a suitable appointment then we will refer the appointment to the applicable arbitration association. Each party will bear its own fees and costs in connection with any mediation or arbitration proceeding but the fees and expenses of the arbitrator will be shared equally between you and us unless the arbitration award provides otherwise. Nothing in this Condition is intended to remove your rights under CONDITION 25. However, if a determination is made in any mediation or arbitration proceeding, CONDITION 2S is intended only as an aid to enforce this determination. trw C f C 11. Due diligence In respect of INSURING CLAUSE 6, you will at your own expense take all practicable steps during the period ofthe policyto: a. prevent loss of or damage to your premises or contents, including taking practicable steps to reduce the risk of theft of your contents whilst in any vehicle by keeping them out of sight; b. maintain your premises or contents in a proper state of maintenance and repair; and c. take all reasonable steps to observe and comply with any applicable laws, obligations or requirements. 12. Establishing loss of contents If you make a claim under this Policy for loss of contents,you must reasonably establish how and when the incident took place. 13. Extended reporting period An extended reporting period of 60 days following the expiry date will be automatically granted at no additional premium. This extended reporting period will cover, subject to all other terms,conditions and exclusions of this Policy: a. in respect of INSURING CLAUSES i and 5 (SECTION E only), any claim first made against you during the period of the policy and reported to us during this extended reporting period; b. in respect of INSURING CLAUSES 2.. 3 and 4, any cyber event, loss, operator error or system failure first discovered byyou during the period of the policy and reported to us during this extended reporting period;and c. any circumstance that a senior executive officer became aware of during the period of the policy and reports to us during this extended reporting period. No claim will be accepted by us in this 60 day extended reporting period if you are entitled to indemnity under any other insurance, or would be entitled to indemnity under such insurance if its limit of liability was not exhausted. 14. Optional extended reporting period If we or you decline to renew or cancel this Policy then you will have the right to have issued an endorsement providing an optional extended reporting period for the duration stated in the Declarations page which will be effective from the cancellation or non-renewal date. This optional extended reporting period wlli cover, subject to all other terms, conditions and exclusions of this Policy: a. in respect of INSURING CLAUSES 1 and 5 (SECTION E only), any claim first made against you and reported to us during this optional extended reporting period, cfc provided that the claim arises out of any act, error or omission committed prior to the date of cancellation or non-renewal; and b. in respect of INSURING CLAUSES 2, 3 and 4, any cyber event, loss, operator error or system failure first discovered by you during this optional extended reporting period, provided that the cyber event, loss, operator error or system failure first occurred during the period of the policy. If you would like to purchase the optional extended reporting period you must notify us and pay us the optional extended reporting period premium stated in the Declarations page within 30 days of cancellation or non-renewal. The right to the optional extended reporting period will not be available to you where cancellation or non-renewal by us is due to non-payment of the premium or your failure to pay any amounts in excess of the applicable limit of liability or within the amount of the applicable deductible as is required by this Policy in the payment of claims. At the renewal of this Policy, our quotation of different premium, deductible, limits of liability or changes in policy language will not constitute non-renewal by us. 15. Fraudulent claims If it is determined by final adjudication, arbitral tribunal or written admission by you, that you notified us of any claim knowing It to be false or fraudulent in any way, we will have no responsibility to pay that claim, we may recover from you any sums paid in respect of that claim and we reserve the right to terminate this Policy from the date of the fraudulent act. If we exercise this right, we will not be liable to return any premium to you. However, this will not affect any non-fraudulent claim under this Policywhich has been previously notified to us. 16. Maintenance of employee automobile liability insurance It is a condition precedent to indemnity under INSURING CLAUSE 5 (SECTIONS G and H only) that all employees who operate an automobile in the course of your business activities will maintain in full force and effect for the period of the policy primary automobile liability insurance in an amount equal to, or greater than, the minimum primary automobile liability limits required in the state of registration of the automobile. If you make a claim under INSURING CLAUSE 5 (SECTIONS G and H only) and the employee has failed to meet these requirements then this Policy will only respond to provide excess coverage as though the requirements had been met,wherebyyou agree to pay all sums within and up to the required minimum limit. 17. Mergers and acquisitions If you acquire an entity during the period of the policy whose annual revenue does not exceed 20% of the company's annual revenue, as stated in its most recent annual financial statements, cover is automatically extended under this Policy to include the entity as a subsidiary. __: z io*s-1Gf;S vs.o 0 cfc If you acquire an entity during the period of the policy whose annual revenue exceeds 200/0 of the company's annual revenue, as stated in its most recent annual financial statements,cover is automatically extended under this Policy to include the entity as a subsidiary for 45 days. We will consider providing cover for the acquired entity after the period of 45 days if: a. you give us full details of the entity within 45 days of its acquisition;and b. you accept any amendment to the terms and conditions of this Policy and agree to pay any additional premium required by us. In the eventyou do not comply with a.and b.above, cover will automatically terminate for the entity 45 days after the date of its acquisition. Cover for any acquired entity is only provided under this Policy for any act, error or omission committed or alleged to have been committed on or afterthe date of its acquisition. No cover will be automatically provided under this Po{icy for any acquired entity: a. whose business activities are materially different from your business activities; b. that has been the subject of any lawsuit, disciplinary action or regulatory investigation in the 3 year period prior to its acquisition;or c. that has experienced a cyber event in the 3 years period prior to its acquisition, if you have purchased INSURING CLAUSES 2, 3 or 4 and the cyber event cost more than the highest deductible of INSURING CLAUSES 2,3 or 4. No cover will be provided under this Policy for premises or contents owned by any acquired entity prior to the date of acquisition. If during the period of the policy you consolidate, merge with or are acquired by another entity then cover under this Policy will continue to apply but only in respect of any act,error or omission committed or alleged to have been committed prior to the effective date of the consolidation, merger or acquisition. 18. Our rights of recovery If we make any payment under this Policy and you have any right of recovery against a third party in respect of this payment, then we will maintain this right of recovery_ You will do whatever is reasonably necessary to secure this right and will not do anything after the event which gave rise to the claim to prejudice this right. We will not exercise any rights of recovery against any employee, unless this is in respect of any fraudulent or dishonest acts or omissions as proven by final adjudication, arbitral tribunal or written admission by the employee. Any recoveries will be applied as follows: If CfC a. towards any recovery expenses incurred by us; b. then to us up to the amount of our payment under this Policy, including costs and expenses; c. then to you as recovery of your deductible. 19. Prior subsidiaries Should an entity cease to be a subsidiary after the inception date, cover in respect of the entity will continue as if it was still a subsidiary during the period of the policy, but only in respect of an act, error, omission or event occurring prior to the date that it ceased to be a subsidiary. 20. Proceeds of crime recovery Notwithstanding CONDITION 18, if we have reimbursed you for any claim under INSURING CLAUSES 3 or 4that subsequently relates to any proceeds of crime that have been forfeited to or seized by any law enforcement authority, or confiscated as part of any legal proceeding, you must: a. notify us as soon as practicable in the event you become aware of the forfeiture, seizure or confiscation; b. provide us with any assistance we may request in the recovery of these proceeds of crime, including your automatic consent for us to initiate, progress secure and finalize any investigation in the recovery;and c. reimburse to us upon our request that part of any payment we have made which falls within the amount of any proceeds of crime thatyou have recovered. 21. Process for paying privacy breach notification costs Any privacy breach notification transmitted by you or on your behalf must be done with our prior written consent. We will ensure that notification is compliant with any legal or regulatory requirements and contractual obligations. No offer must be made for financial incentives, gifts, coupons, credits or services unless with our prior written consent which will only be provided if the offer is commensurate with the risk of harm. We will not be liable for any portion of the costs you incur under INSURING CLAUSE 2 (SECTION C only) that exceed the costs that you would have incurred had you gained our prior written consent. In the absence of our prior written consent we will only be liable to pay you the equivalent cost of a notification made using the most cost effective means permissible under the governing law. 22. Sanctions suspension It is a condition under this Policy that the provision of cover,the payment of any claim and the provision of any benefit will be suspended, to the extent that the provision of the cover, payment of the claim or provision of the benefit would expose us to any sanction, prohibition or restriction under the United Nations resolutions or the trade or economic sanctions, laws or �ro`vssirns ��.0 0 fC regulations of Australia, Canada, the European Union, United Kingdom or United States of America.The suspension will continue until such time we would no longer be exposed to the sanction, prohibition or restriction. 23. Supply chain interruption events In respect of INSURING CLAUSE 2 (SECTION G only), it is a condition precedent to liability under this Policy that you submit to us a written report from the supply chain partner confirming the root cause and length of the outage. 24. Waiver of subrogation Notwithstanding CONDITION 18, we agree to waive our rights of recovery against any third patty if, prior to the claim or incident which you reasonably expected to give rise to a claim, you entered into a contract that contains a provision requiring you to do this. 25. Choice of law,jurisdiction and service of suit In the event of a dispute between you and us regarding this Policy, the dispute will be governed by the laws of the State of the United States of America shown as the choice of law stated in the Declarations page. We agree, at your request, to submit to the jurisdiction of a court of competent jurisdiction within the United States of America. Nothing in this Condition constitutes or should be understood to constitute a waiver of our rights to commence an action in any court of competent jurisdiction in the United States of America,to move an action to a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States of America or the laws of any State of the United States of America. It is further agreed that service of process in such suit may be made upon the representative stated in the Declarations page and that in any suit instituted against us,we will abide by the final decision of such court or of any appellate court in the event of an appeal. The representative stated in the Declarations page is authorized and directed to accept service of process on our behalf in any such suit and, at your request, to give a written undertaking to you that they will enter a general appearance on our behalf in the event such suit is instituted. Additionally, in accordance with the statute of any state, territory or district of the United States which makes such a provision, we hereby designate the Superintendent,. Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or his successor or successors in office, as our true and lawful attorney upon whore may be served any lawful process in any action, suit or proceeding instituted by you arising out of this Policy. The representative stated in the Declarations page is hereby designated as the person to whom the above mentioned officer is authorized to mail such process or a copy thereof r�'essicns r5.0 CITY OF SANTA ANA Risk Management a division of Human Resources Managing Risk through Awareness and Action AFFIDAVIT OF EXEMPTION FOR AUTOMOBILE LIABILITY INSURANCE I Christina Conley ("Representative"),attest that I am an authorized (Name and Title of Vendor Representative) representative of Gabrlelino Tongva Indians of California Tribal Cou o("Company"), and (Consultant/Company Name) possess the authority to legally bind Company. In my capacity as Representative of Company, I represent and confirm the following, as relates to the agreement between Company and City of Santa Ana,agreement number ("Agreement")to provide Tribal Monitoring Services ("Services"): (Services to be provided under agreement/contract) During the course and scope of Company's agreement with the City of Santa Ana, Company employees, consultants, representatives, and agents will not use and/or drive any Company owned/rented/leased/borrowed vehicles to perform Services to, for, or on behalf of City of Santa Ana. 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 automobile liability insurance coverage as required in the Agreement, it will be considered a breach of Agreement rendering the Agreement null and void and Company will be fully liable for any and all damages. 49- 6/22/26 Signature Date Christina Conley Print Name Cultural Resources Administrator Title (626) 407-8761 Contact Information,i_e_,Telephone Number and/or Email Address Affidavit of Exemption for Automobile Liability Insurance 11-12.7024 CITY OF SANTA ANA Risk Management a division of Human Resources Managing Risk through Awareness and Action AFFIDAVIT OF EXEMPTION FOR WORKERS' COMPENSATION INSURANCE I Christina Conley ("Representative"), attest that I am an authorized (Name and Title of Vendor Representative) representative of Gabrielino Tongva Indians of California Tribal Cou o("Company") and (Consultant/Company Name) possess the authority to legally bind Company. In my capacity as Representative of Company, 1 represent and confirm the following, as relates to the agreement between Company and City of Santa Ana,agreement number (`Agreement")to provide Tribal Monitoring Services ("Services" (Services to be provided under agreement/contract) 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 workers' 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, 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 be considered a breach of Agreement rendering the Agreement null and void and Company will be fully liable for any and all damages. 0-- 6/22/26 Signature flute Christina Conley Print Name Cultural Resources Administrator Title (626) 407-8761 Contact Information,i.e.,Telephone Number and/or Email Address WARNING: FAILURE TO SECURE WORKERS' COMPENSATION COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSANT DOLLARS($100,000).IN ADDITION TO THE COST OF COMPENSATION,DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST,AND ATTORNEY'S FEES. Affidavit of Exemption for workers'Compensation Insurance 1112.2024 Nguyen, Tu Tran From: Tellez, Leilani Sent: Thursday,June 18, 2026 12:03 PM To: Orozco, Nadia;Arroyo,Zianya Subject: Fwd:Tribal Monitoring Agreements - 10th & Flower Park-Gabrielino Tongva Indians of California Attachments: GTIOC Logo.png; Native American Monitoring - Gabrielino (Conley) loth and Flower Park(CAO 6.17.26)(2199907.1) copy.pdf; 2026-27 Certificate of Insurance- City of Santa An a, Public Works Agency—Park Services Division.pdf H i, If possible,could someone submit this COI+info to RMD for review? (This agreement is time sensitive.) Thank you Sent from my iPhone Begin forwarded message: From: Christina Marsden Conley<Christina.marsden@alumni.usc.edu> Date:June 18, 2026 at 12:00:09 PM PDT To: "Tellez, Leilani" <Itellez@santa-ana.org> Cc: "Aguirre, Robert"<RAguirre@santa-ana.org>, "Nguyen,Thanh" <tnguyen25@santa-ana.org> Subject: Re:Tribal Monitoring Agreements-10th &Flower Park-Gabrielino Tongva Indians of California Attention. This uim if originated from cuts d e ofChy of Santa Ana. U ,caution,vhon opening attachments or links. Good morning, Please see the COI and agreement attached. Note,with respect to Auto Insurance and Workers Compensation: Auto Insurance: All independent contractors carry their own active auto policy. Workers Compensation: Please note the following: The Gabrielino Tongva Indians of California (GTIOC) hereby provides this formal statement regarding Workers'Compensation insurance requirements associated with our Tribal Cultural Resource Monitoring services. GTIOC performs these services through qualified individuals engaged as independent contractors,and not as employees. Accordingly, Workers' Compensation insurance requirements, which apply to employee- employer relationships,are not applicable to GTIOC under this service structure. This determination has been fully reviewed and vetted in consultation with GTIOC's insurance carrier and broker,who have confirmed and advised that: i • GTIOC does not maintain employees performing the subject services under this agreement; • Individuals performing monitoring services are retained as independent contractors; and • Workers'Compensation coverage is legally not required and is not applicable under this structure based on current insurance and labor requirements. Further, GTIOC has been advised by its insurance representatives that requiring Workers' Compensation coverage in this instance would not align with the underlying insurance framework, given the absence of an employer-employee relationship. In addition,to ensure appropriate risk management and coverage: • All independent contractors engaged by GTIOC are required to maintain their own applicable insurance coverage, including general liability and automobile liability insurance, as applicable to their scope of work; • GTIOC maintains oversight to verify that such coverage is in place prior to performance of services. Based on the above, GTIOC respectfully confirms that Workers'Compensation insurance is not applicable to this agreement, and that the intent of the County's insurance and risk management requirements is otherwise satisfied through the structure and insurance coverages in place. Tehoovko'po'a mii CHRISTINA CONLEY -Tribal Cultural Resource Administrator Under Tribal Chair, Robert Dorame -California Native American Heritage Commission contact -UCLA Scholar-in-Residence •CSUDH NAGPRA Oversight Committee •LMU: Indigenous Working Group -Natural History Museum: Native American Advisory Council -Catalina Tribal Coalition -First Peoples of LA Advisory Council Member -Coalition of California of State Tribes: Executive Board httios://www.ptioc.org https:llfile.lacounty.aov/SDSlnterllac11137966 ARE PORTONHARMSCountvofLosAngeles.pdf GABRIELINO TONGVA INDIANS OF CALIFORNIA The Gabrielino Tongva Indians of California tribe is a direct descendant, traditionally and culturally recognized in the State of California as the aboriginal tribe to encompass the entire Los Angeles Basin area to Laguna Beach, extending to the Channel Islands of Santa Catalina, San Nicolas and San Clemente Islands This e-mail transmission and any documents,files or previous e-mail messages attached to it, maybe privileged and confidential and is intended only for the use of the intended recipient of this message. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient,you are hereby notified that any review, disclosure, retention,copying,dissemination, distribution or use of any of the information contained in, or attached to this e-mail transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify me by return email or by telephone at the above number and delete the message and its attachments. On Jun 17, 2026, at 1:36 PM,Tellez, Leilani<Itellez@santa-ana.org>wrote: Hi Christina, 2 Please review, sign, and return the attached agreement. Please provide your COI in accordance with the insurance requirements on exhibit C. Thank you, <image002Jpg>Leilani Tellez I Management Aide City of Santa Ana I Public Works Agency-Municipal Services Division 20 Civic Center Plaza M-11 I Santa Ana, CA 92701 Office: (714) 647-3552 I Itellez@santa-ana.org From: Christina Marsden Conley<christina.marsden@alumni.usc.edu> Sent: Monday,June 15, 2026 1:16 PM To: Nguyen,Thanh <tnguyen25@santa-ana.org> Cc:Tellez, Leilani<ltellez2santa-ana.orp Subject: Pe:Tribal Monitoring Agreements- 10th & Flower Park-Gabrielino Tongva Indians of California Attention:This email oriY-inatcd from outside of City of Santa Ana. Use caution when ripening attachments or links. This is the original contract sent in October: Tehoovko'po'a mii CHRISTINA CONLEY -Tribal Cultural Resource Administrator Under Tribal Chair, Robert Dorame -California Native American Heritage Commission contact UCLA Scholar-in-Residence •CSUDH NAGPRA Oversight Committee •LMU: Indigenous Working Group -Natural History Museum: Native American Advisory Council -Catalina Tribal Coalition -First Peoples of LA Advisory Council Member -Coalition of California of State Tribes: Executive Board https://www,gtioc.o rg https llfiie.lacounty.gov/SDSlnter/lac/1137966 AREPORTONHARMSCountyofLosAngeles pdf <image003.png> GABRIELINO TONGVA INDIANS OF CALIFORNIA The Gabrielino Tongva Indians of California tribe is a direct descendant,traditionally and culturally recognized in the State of California as the aboriginal tribe to encompass the entire Los Angeles Basin area to Laguna Beach, extending to the Channel Islands of Santa Catalina, San Nicolas and San Clemente Islands This e-mail transmission and any documents,riles or previous e-mail messages attached to it, maybe privileged and confidential and is intended only for the use of the intended recipient of this message. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient,you are hereby notified that any review,disclosure, retention, copying, dissemination, distribution or use of any of the information contained in, or attached to this e- mail transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify me by return email or by telephone at the above number and delete the message and its attachments. 3