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HomeMy WebLinkAboutBIG BROTHERS SISTER OF ORANGE COUNTY-2011�N$il �'��'� '� ''C' �N FILE WC required if consultant has WORK h "�A + , � :% � r' . c •.�CE� employees N- 2011 -099 CLERK O�p�lifti�,:�u�L �' -�� DATE UG Z 4 801'1 G �_ S �4PC C � Lc�r , Sm\ �.T'c7m .S�fC�c�`Y� AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE BIG BROTHERS BIG SISTERS OF ORANGE COUNTY THIS AGREEMENT is made and entered into this �� day of /�[�/ , 2011, by and between the Big Brothers Big Sisters of Orange County (hereinafter "Contractor and /or BBBSOC "), 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 (hereinafter "City "). RECITALS: A. The Santa Ana Police Department and BBBSOC (hereinafter collectively referred to as "the parties ") intend to implement a Santa Ana Police Athletic and Activity League (SAPAAL) program (hereinafter "program ") to work together toward the mutual goal of reducing gang violence and gang crime in the target are identified as policing grids 86, 87, 106, 107, 126, and 127 in the South Coast Policing District. B. The Parties intend for this program to be in effect for the life of the grant, specifically from O 1 /O 1 / 1 1 to 12/31 / 12. C. Both parties believe the implementation of the program as described herein, will further this goal. To this end, each party agrees to participate in the program, if selected for funding, by coordinating providing the services as identified below. 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 Except as may be herein amended under this Agreement: a. Contractor will provide services as set forth in Exhibit A, attached hereto and incorporated by reference. Any services performed by Contractor prior to the date of execution of this Agreement shall be included within the Scope of Services of this Agreement. b. Both Parties shall comply with the roles and responsibilities as set forth in Exhibit A. 2. COMPENSATION /TRANSFER OF GRANT FUNDS a. City agrees to pay, and Contractor agrees to accept as total payment for its services, $1,666 per month during the term of the Agreement. b. The total amount of funds for the life of the grant and the total sum to be expended under this Agreement is not to exceed a total of $20,000 per year and $40,000 during the entire term of this Agreement. c. Funds will be transferred once a month by City within thirty (30) days following receipt of a proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals that may be reasonably be expected by City. 3. SOURCE DOCUMENTATION Contractor will have access to all information needed from the Santa Ana Police Department to meet OES reporting requirements. 4. TERM This Agreement shall commence on January 1, 2011 and terminate on December 31, 2012, unless terminated earlier in accordance with Section 11, below. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor 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. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insureds) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death, resulting there from and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement. The 2 amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting there from, and property damage, in the total amount of $1,000,000 per occurrence. Contractor shall supply City with a fully executed additional insured endorsement containing the following clauses: 1. "The City of Santa Ana, its officers, employees, agents, volunteers and representatives, is added as an additional insured as respects operations of the named insured performed under contract with the City of Santa Ana." 2. "It is agreed that any insurance maintained by the City of Santa Ana shall apply in excess of and not contribute with, insurance provided by this policy." b. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. c. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. INDEMNIFICATION Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the Contractor's acts of negligence or willful misconduct in the performance of this Agreement. 8. 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 telefacsimile 3 or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1 98 8 telefacsimile (714) 647 -6956 With courtesy copies to: City of Santa Ana Police Department City Attorney Attention: Officer Tom Serafin City of Santa Ana 60 Civic Center Plaza 20 Civic Center Plaza (M -29) P.O. Box 1981 P.O. Box 1988 Santa Ana, California 92702 Santa Ana, California 92702 telefacsimile (714) 647 -6591 telefacsimile 714 - 647 -6515 To Contractor: Big Brothers Big Sisters of Orange County Attn: Megan Hartman, Director of Grants 14131 Yorba Santa Ana, California 92705 714 - 544 -7773 714 - 544 -7643 A party may change its address by giving notice in writing to the other party. Thereafter, 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 telefacsimile, 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. 9. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, 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 Contractor. 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 Contractor or the City. Each party to this 4 Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein 10. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor 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 contractors retained by City. 11. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor 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 Contractor to deliver to the City any written Findings and Determination for any case in which Contractor has served as a hearing officer, and in such case such Findings and Determination shall be the property of City unless prohibited by law, and Contractor 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. 12. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or 5 proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 14. PROFESSIONAL LICENSES Contractor 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. Contractor 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. 15. 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY B� Tere .Judd Assistant City Attorn D CITY OF SANTA ANA P WALTERS /� Int 'm City Manager (,�(j�`��� BIG BROTHERS BIG SISTERS OF ORANGE COUNTY `�.... -✓.` .� 4 - Name: Title `� l «-� �� CT EXHIBIT A OPERATIONAL AGREEMENT Between and the Bis� BBrothers Blot SJsters of Orange This Op rational Agreement stands as evidence that the Santa Ana Police De artment and the i Brothers Bi Sisters of Oran a Count (BBBSOC) intend to work together toward t e mutual goal of reducing gang violence and gang crime in the target area identifie as policing grids 86, 87, 106, 107, 126, and 127 in the Southcoast Policing District. This Operational Agreement will be in effect for the life of the grant specifically from 1/1 ,11 to 12/31/12. Both agencies believe that implementation of the Santa Ana Police Athletic and_Activities Leaaue (SAPAAL) program as described herein, will further this goal. To this end, each agency agrees to participate in the program, if selected for funding by coordinai;ing /providing the following services: The SAP�L project will closely coordinate the following services with the BBBSOC for service p ovisions through: 1. The project staff being readily available to BBBSOC for service provision using: site visits �ind sharing of information between project staff and 866SOC 2. Regu�arly scheduled meetings to be held quarterly between Megan Hartman or her desig ee from BBBSOC located at 14131 Yorba, Santa Ana CA, 714 -544 -7773 and Directjor Tom Serafin or his designee of the SAPAAL program located at 60 Civic Center Plaza, Santa Ana CA. 714- 245 -8050. 3. The eetings will be used to discuss strategies, timetables and mandated services specif cally: staffing levels, hours of operation, and evaluation of the Big Brothers Big Sister Program at Carr Intermediate School. Roles an✓rl responsibilities The roles land responsibilities of the Santa Ana Police Department PAAL will be to assist with the B g Brothers Big Sisters program at Carr intermediate School, recommend students t� the program, monitor the program, and provide funding for the program during that grant per[od. The roles and responsibilities of the 8ia Brothers Bia_Sisters of Oranae County wilt be to support a Ig Brothers Big Sisters School -Based program at Carr Intermediate School. The progr m will begin within a reasonable time frame after grant funding has been awarded. he program will be in effect during the entire grant funding period which ends 12/31 /2012. Transfe5- of Grant Funds Funds vJill be transferred once a month from the Santa Ana Police Department to Big Brothers Big Sisters of Orange County upon invoice presented to the Police Department. The totaI amount of funds for the life of the grant is not to exceed $48,000.00. Services provided by the Big Brothers Big Sisters of Orange County include providing one (1) F roject Site Coordinator, one (1) Enrollment and Support Case Manager, office supplies for staff, volunteer background checks, training materials, and session activity supplies If funding allows, additional services will include evaluation and survey incentives, off -track enrichment activities, program t -shirts and lanyards, site refreshments, student recognition ceremonies, training session food /refreshments, volunteer recognition /incentives and internet /remote connections. Source ocumentation The Big rothers Big Sisters of Orange County will have access to all Information needed f =t the Santa Ana Police Department to meet OES reporting requirements. We, the undersigned, as authorized representatives of the Santa Ana Police De artment and the Big Brothers Bin Sisters of Orange County due hereby approve this docu ent. Santa LI�-7 Police Department Date 10 rs Big Sisters of Orange County -- !s - Igo Date Av d CERTIFICATE OF LIABILITY INSURANCE o9i1 "im1 THIS CERTIFlCATE 15 BSUED AS A MATIER OF MFORMATION ONLY AND CONFERS NO MONTS UPON THE CERTIFICATE HOLDER THIS CERRFICATE DOES NOT AFFWMATIVELY OR NEGATNELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERIS, AUTHORMED REPRESENTATNE OR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT: If Lee are7ksto IS& Is an ADDITIONAL INSURED, he pdJI must he mdowd, M SUBROGATION M WMVM suI Io the Sam an d aodIdone tithe to Icy, annular polices may rNIan endom Brent. A statement on Ihlf cautto fe does not confer dghh Lath a adNlate h older In HIM of such erdtlnalneot+l ROWGFA b909 -0478700 NAN vINXE w n: Bays of California 7vruoence Services - Cvevdo Empire Towers IV Tat 1800 Conccwe, Ruita 3400 Ontario, a 91761 [ell eete*am mNes aAmGWIXGavePIGE WON MAeRFG NIOAFRA: Rev rv[ite Imwvte Alliance _ Big Brcthvs/aig Sister NI Oak River Ioawma Cmpmy of creep County __ 14111 Sorbs Street, Suite 700 ___________________ Tustin, CA 97780 Xsmeeo, MfiLXER IN ME RF COVERAGES CERTIFRATE NUMBER. 71048956 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 IRIS CERTIHCATE 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, RI _._... .�iAdCl9�- __._............_A�if _____....�.�___._._ LrRi, ttNF[FNSBRINLF nuu men YM w MITI A'GEI WBem 201005470"0 07 /11 /1107 /11/11 ucNawRmum 61,000,000® I tGHiFACWGFNERUW¢W1Y i E7NPFA1�...__ ��NNP�N� S1o0,000 CLAIMSNIWE 1� aCJA NNE p k n nwol i t0.0o0 PE 5I ANNNJ018 { S coo 000 cfxEAUASCaEwrE r 1 000 000 _ _ E LIMIT APPLIES PfA. FAOCUCTStou°Awrw 111000000 Am0�0.E�aITY LGNEINEOdMCIELMIE r IN wl4mU _. � I aoouvlumnP.P�em] r PomIVXNAVP,amoml s mHFOULLOAIBm ( PmmAnwucE NINBGANCS BNafLLAEIAB OtNA f�—{ EACHOCtLAPFNCE S tIAMSNAOE ( _ 0EWCRFIE r S aETENaCU I ' S N {mAXFR54oNNFN1AINN 710d0S4d6BlG1 07 Slhj f 07 /lI /IiI II NLYIATF� Ofd m ANGFNIaIaRYNNeIIIY ores NrvPAOmIErGwvuanERIE ¢ omrrc � m,EA�ACUOENr µ,o0N,a0d 6fILFWFX6FAFX0.0CEG? MmBmm�NM NfA ELGSFAIEEAEUPEOtE r1, 00G,0o0 nE�GPIICN F(gY,AerMRamx LEGBUBF -0[IIWIIXI[ I OEYAAaaGIaU➢nX11LaAA0N61VFXNIBB IIVeAA401GrM ,ALNNvoJR,mnXr6A,ENI� Imon,pnXmuhB The Clty of Sena Avs ie oemd u m Ilddttimd Iwwed per wdmaamvt 007010 0754. Inau[evee Se p[imary end voo�tmtrlbutory. TAie ioaurfnca applies eepurtely to emh mewed yeivet ohm cldm fe made or suit is b[vught acepL to the nmpvy�a limits of liability. The ivclwlm of any /neon yr vrganlaatiw ea m imund shell mt a[Eect any right NA1eN emh pe:aov er oryaNUtlm mould have a a ahimenE if not eo iveludad. 30 days rzitten notice afu11 be 9ivev m venceLLAtim or mtvielly ndwed !v ccve[ege. CERTIFICATE HOLDE R CANCELLATION SNWWANYOf INFPBOVECFBCAIAEO POLIGESBE CIRCELLEBBEFOAE Clty of Smte Ma � iXf EIDIRARON BATE iNFREOi, NOTICE esLL SE DEUVEREO W AOCORWICEWDNTXE FOLICYIAW1910N8. r ID Clvio Cmhr P1eaa � ��� AWNGRAFp IFNAFSENf AThS 9mts we, CA 97701 �0� ��r� AeMYPNUrm �, ��: �'U✓ Y'�L� opvka ®1YBi00p_ ,�OOROCOAPOAATON. All tlghls res¢ne1 ACORD tS �RDONBB The ACORO RemuedlegG are nglpn+d nmrh ofA 7ID489Sd CNNmI¢OaIN¢rydy CalNtamfNm�wAmCOnfimNMmm B11fifiRBSA POLICY NUMBER, 201144ID.0 COMMERCIAL GENERAL WBILItt CG2010Oi04 THIS ENDORSEMENT CHANGESTHEPOLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION Thls ¢ndorsemed modifies Insurance provided wrier the lollowing, COMMERCIAL GENERAL LIABNIY COVERAGE PART SCHEDMLE Name INAdditianal Insured Persons) OrOranhatlons: LacatlonsIN Covered Operators Arryperson orargeniza (lon that you are required lo All insured promises endoperetlons add as an atltllflonal insured on Mls policy, under a wdtlen conirad or agreement currently In eRecf, or becomlog eHedlu¢ during Ne farm of Nis policy. Tire additional insured slalus will not be aAorded with re• sped to liability arising out of or related to your activi- des as a real estate manager far Na! person or organ• izaliom Oformatlon re �rstl � Wm fete NI6 $Ch2due, f nol9hewn BbpVB, Wlh h0 BheWn M the DECBratan&. A. Sedan II — Whc R An Irrsured is ameodetl (o locluda as an addltiwal insured N¢ pemoo(s) or organizations shmvn In the Schedule, dal Doty wIM respell to liahillry lor'6odlty I¢Jury ",'pmpehy damage" ar "personal and adtraNsing Injury" caused, to whole or In pad, 6y: 1. Yaure�soromissians;or 2. Tha acts or ¢misslans d Nose adlrg on your hehalh, in the performance of your ongoing operations for Ne adtlitlaal insuretl(s) al Ne locadon(s(tlesig rlaletl above. B. WIM respell la the insurance aHarded tc these atldlhwal'msureds, Nefall�wing atldWonel eaalo- siasaPPN' Thls losurence does not apply fo'bodlly injury" or "praperry damage" acamng after: 1. All work, Including materials, paNs a equip menl famished h awnectlan wfih web wok, on the pm�1(othar Man service, meinMnance or repe(rs) M 6a palowed by or an behalf d Me atlrnVonal Nsured(s(el the laatico of the mvpred operations has been completed, or 2. That poNa ¢I your work" oN of whdh the injury or damage arises has heeo put la Ik Im tended use by any person or aryenlzati'on oth- er Mao another ceolredor a suhoalredor engaged in pedormNg ope2tlons far a pdo- cipal as a pallet Me same pmjacL Clry of Senle Me, 20 Clvic Center Plaza, 58nN Ma, Cellfomia 92701; Its officers, lou�.c. aoenls. mlunteers and reaeseotalives are named as addtiana iaruwdsn Iwithregardstoliahiliryanddelensaofsutlsarisiogiro8111fe " pedarmedhyorwhehalfolManamedinsuretl. ; CG2g1g41g4 ®ISO Prapedles,loc.,2g04 PagefoN D quo QO DATE CERTIFICATE OF LIABILITY INSURANCE 10/01/201 YYY) to /ol /zolz 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 CERTIFI9ARPE I!4® IMPORTANT: If the certificate holder is an ADDITIONAL IISU12 ED, the oolllc3sDrilfist be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). EACH OCCURRENCE PRODUCER 1- 909 - 243-8260 CONTAG 1 Hays of California Insurance Services - Ontario- PHONE " FAX CLAIMS -MADE X OCCUR (AIC, Nb;f7tff+ (AIC, No): Empire Towers IV ADDRESS: 3800 Concours, Suite 3400 PRODUCER Ontario, CA 91764 CUSTOMER ID #: Kelly Peterson INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURERA: Nonprofits Insurance Alliance Big Brothers /Big Sisters of Orange County INSURERB: Oak River Insurance Company 14131 Yorba Street, Suite 200 INSURER C: Tustin, CA 92780 INSURER D: S 1,000,000 INSURER E: COVERAGES CFRTIFICATF NIIMRFR• 29416096 RGVISIANI NIIIMRFR• 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. ILTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER MPOLICY / MMIDD /YYYY LIMITS • GENERAL LIABILITY 20120647ONPO 02/11/12 02/11/13 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE RENTED PREMISES S ( (Ea occurrence) S 100, 000 CLAIMS -MADE X OCCUR MED EXP (Any one person) S 10,000 PERSONAL & ADV INJURY S 1,000,000 GENERAL AGGREGATE $ 3,000,000 GEML AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP /OP AGG $ 3,000,000 X POLICY PRO LOC JE, S • AUTOMOBILE LIABILITY 20120647ONPO 02/11/12 02/11/13 COMBINED SINGLE LIMIT (Ea accident) S 1,000,000 ANY AUTO BODILY INJURY (Per person) $ ALL OWNED A11T05 BODILY INJURY (Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE $ X HIRED AUTOS (Per accident) X NON -OWNED AUTOS $ A X UMBRELLA LIAB X OCCUR 20120647ONPO 02/11/12 02/11/13 EACH OCCURRENCE S 3,000,000 EXCESS LIAR CLAIMS -MADE AGGREGATE S 3,000,000 DEDUCTIBLE $ X RETENTION $ 10, 000 S B 2200054868 -121 02/11/12 02/11/13 LIA X AND EMPLOYERS' LIABILITY YIN TORY LIMITS ER ANY PROPRIETOR /PARTNERlEXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICER /MEMBER EXCLUDED' El NIA (Mandatory in NH) E.L. DISEASE- EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) The City of Santa Ana is named as Additional Insured per attached form CG 20 26 07 04. M kV l•/'11Y 1•GLLM I IV IY % - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE Santa Ana, CA 92701 USA Kelly Peterson nparxs © 1988 -2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD 29416096 POLICY NUMBER: 2012 -06470 -NPO COMMERCIAL GENERAL UABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organization(s) Any person or organization that you are required to add as an additional insured on this policy, under a written contract or agreement currently in effect, or becoming effective during the term of this policy. The additional insured status will not be afforded with respect to liability arising out of or related to your activities as a real estate manager for that person or organization. I City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Information required to complete this Schedule. if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to in- clude as an additional insured the person(s) or organi- zations) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omis- sions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. CG 20 26 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 ❑ SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obliga- tions under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent pos- sible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or "suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written no- tice of the claim or "suit" as soon as practica- ble. c. You and any other involved insured must: (1) Immediately send us copies of any de- mands, notices, summonses or legal pa- pers received in connection with the claim or "suit "; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit "; and (4) Assist us, upon our request, in the en- forcement of any right against any person or organization which may be liable to the in- sured because of injury or damage to which this insurance may also apply. d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured obtained after an actual trial; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insur- ance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal represen- tative. 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Cover- ages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If this insurance is primary, our obliga- tions are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method de- scribed in c. below. b. Excess Insurance This insurance is excess over: (1) Any of the other insurance, whether pri- mary, excess, contingent or on any other basis: (a) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work "; (b) That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner; (c) That is insurance purchased by you to cover your liability as a tenant for "prop- erty damage" to premises rented to you or temporarily occupied by you with permission of the owner; or (d) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I — Coverage A — Bodily Injury And Property Damage Liability. (2) Any other primary insurance available to you covering liability for damages arising out of the premises or operations for which you have been added as an additional in- sured by attachment of an endorsement. CG 00 01 07 98 Copyright, Insurance Services Office, Inc., 1997 Page 9 of 13 ❑