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HomeMy WebLinkAboutCALIFORNIA YOUTH SPIRIT AND TWIRLING CORPS 2 (2)-2015City of Santa Ana Clerk of the Council AGREEMENT TERMINATION FORM Please complete this form when the attached agreement and all amendments (if any) are no longer in effect. Return form to the Clerk of the Council Office (M-30). Call 647-1520 if you have any questions. The agreement with N-2015-0113 No. was completed on j C1� ; and final payment has been made. (List all amendments. Use space below if needed.) COTC Office Use Only V19 AUG 22 PH 4! 04 CCLERK FACOUCILA Department: Phone/Ext.: Signature: Date: (a Revised 10-31-12 iNSURANCE ON FILE WORK MAY PROCEED UNTIE. INSURANCE MIRES. CLERK OF COUNCIL DATE: RECREATION SERVICES AGREF.t,NL'ENT N-2015-015 THIS AGREEMENT made and entered into this I' day of January 2015, by and between California Youth Spirit and Twirling Corps, ('hereinafter "Provider") and the City of Santa Ana, a State of California (hereinafter "City"). RECITALS A. The City desires to retain a recreation service provider having special skills, resources and knowledge to provide cheerleading classes through the City°s leisure class program. B, Provider represents that Provider is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Provider represents that it is knowledgeable in its field and that any services performed by Provider harder this Agreement will be performed in compliance with such standards as may reasonably be expected. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as f.'ollows: SCOPE OF SERVICES Provider shall perform those services as set forth in Exhibit A to this Agreement. 2. COMPENSATION In consideration for the right to provide the programs set forth in Exhibit A, City agrees to pay the Provider seventy percent (70%) of all gross revenue received from program participants. Anticipated revenue from this class shall not exceed $25,000 annually. Payment to Provider shall be made within thirty (30) days following completion of each class. 3. TERM This Agreement shall commence on January 1, 2015 and terminate on December 31, 2016, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the Executive Director of Parley, Recreation and Community Services and the City Manager. 4. INDEPENDENT CONTRACTOR Provider shall, during the entire tern 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 manner in which Provider performs the services which are the subject matter of this Agreement; however, the services to be provided by Provider shall be provided in a manner consistent with all applicable standards and regulations governing such services. Provider shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. provider is not an agent, representative or employee of City and Provider shall have no authority to set on behalf of the City. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Provider shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Provider shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Provider's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insured's provisions. b. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Provider, if Provider 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, Provider 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 Provider pursuant to this section: (i) Provider shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (ii) 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. d. If Provider fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Provider's right to be paid for its time and materials expended prior to notification of termination. Provider waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Provider agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, Providers, 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 health, and claims for property damage, which may arise from the direct or indirect operations of the Provider or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section I of this Agreement. The Provider further agrees to indemnify, hold harmless, and pay all costs for the defense of the 2 City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party 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. 7. CONFLICT OF INTEREST Provider covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 8. LIVE SCAN BACKGROUND CHECK Providers, and any employees or substitutes, in contact with minors under eighteen (18) years of age shall arrange for and submit to a Live Scan electronic background check for criminal history available through the California Department of Justice as a condition of this Agreement and provide proof of compliance prior to performing services hereunder. 9. 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 facsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the Council City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702-1988 Facsimile (714) 647-6956 With copy to: Executive Director of Parks, Recreation and Community Services City of Santa Ana 26 Civic Center Plaza (M-75) P.O. Box 1988 Santa Ana, California 92702 Facsimile (714) 571-4211 To Provider: California Youth Spirit and Twirling Corps 22755 Mesa Springs Way Moreno Valley, CA 92557 Attn.: Delores Cowan, Director Email: s � verizon.net Phone Number (951) 242-6539 A party may change its address by giving notice in writing to the other party. Thereafter, any commwiication 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 facsimile, 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. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Provider, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Provider. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Provider or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 11. ASSIGNMENT/SUBSTITUTES a. Assignment. The experience, knowledge, capability and reputation of Provider were a substantial inducement for City to enter into this Agreement. Therefore, Provider may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Provider must personally teach at least seventy-five percent (75%) of its offered classes. b. Substitutes. In the event Provider is not able to teach a class due to illness or some other cause beyond Provider's reasonable control, Provider must procure, at its sole expense, a qualified substitute instructor to teach the class at its regular time and place. Provider shall ensure that substitute instructors comply with the City's insurance and live scan requirements contained herein. Provider must immediately notify the City of the substitute instructor's name, qualifications, address and phone number. If Provider cannot procure a qualified substitute and the City is unable to assist in this regard, then the class shall be canceled and a make-up class must be added to the session. Provider must notify participants as soon as possible of any class cancellation and make-up class. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. Termination or cancellation of classes by the Provider must be given to the City at least thirty (30) days prior to termination/cancellation. Failure to provide adequate cancellation notice to the City may put future contracting of business with the City at risk and will result in the City's retention of ten (10%) percent of the final payment to Provider. 13. DISCRIMINATION Provider 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. Provider affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION -VENUE This 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. 15. LICENSES Provider shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. 16. SEVERABILITY In the event that one or more of the phrases, sentences, clauses, paragraphs or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs or sections of this Agreement, which shall be interpreted to carry out the intent of the parties hereunder. 17. EXHIBITS All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 18. AUTHORITY The person(s) executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that be so executing this Agreement, the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, II Iz EOF, the Parties hereto have executed Etais Agreement the: elate and year first. above written. A I`T.Ir"'' ST AYA.6 kkl//IA.d D..4 �F[VSJirZAR Cter[c of the Councit APPROVED ASTO FORM: SOMA, R. C:ARVALI-10 iG/�' ey y � By ,, / trakalt City Attorney R CC.tNtMIGNDED FOR APPROVAL: GERARDO mouffr Executive Director of R.ccareation and Conur. z Service CFTY OF SANTA ANA I�Av CA�Azc�s City Manager Youth Spirit & Twirling Corps fie➢¢aces Cowan.. Director Exhibit A SCOPE OF SERVICES— Calif. Youth Spirit Twirling Corps A. Provider shall conduct Cheerleading Pom-Pom classes for children aged 5-14 years. B. Cheerleading Pom-Pom class is Tuesdays, 30 minutes per day - $70/10 weeks C. Classes shall be 1 day a week, September through June, November and December shall be three-week sessions due to the holidays. D. Provider shall work with City staff in setting a schedule for classes, including the location, specific days and hours when class will be held and holidays to be observed. E. Provider shall provide materials, supplies, equipment, records and personnel. Provider shall be responsible for cleanup of the facilities and materials and shall ensure the safety and effectiveness of instruction. F. If Provider allows others to teach his/her class, those teachers must be over 21, have obtained and maintain an instructor rating, and be covered by Provider's insurance. Provider shall provide City with documentation to verify instructor and insurance requirements. CLASS SIZE -REGISTRATION A. The minimum number of registered and paid participants is 8 children per class. The maximum is 50. B. In the event the minimum member of enrollees is not realized by the first class, the class may be cancelled by mutual agreement of Consultant and City. In such event, no compensation shall be owed Consultant. FEES A. The class is $70.00 per session for participants. No refunds shall be made to participants unless the class is cancelled as set forth in Section II.B, above. Anticipated class revenue not to exceed $25,000 annually. B. Additional fees for pom-poms & uniforms purchased through instructor. C. City shall register and collect fees from each participant in the class during the period of registration. City shall pay Consultant eighty percent (70%) of the total fees collected each month. City shall retain twenty percent (30%) of the fees collected as an administrative fee D. City shall be entitled to audit Consultant's records to ensure compliance with this Agreement. E. Only registered and paid participants may participate in class. Al or CERTIFICATE OF LIABILITY INSURANCE 1/23/2015vr) 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 be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER The Allen J Flood Companies Inc Two Madison Avenue CONTACT Maria Masecar NAME: FAX PHONE (914) 834-9326 AIC No: (914)834-9330 gpoaless:mmasecar@aj fusa. corn INSURERS AFFORDING COVERAGE NAIC # INSURER A:Philadel hia Insurance Cc Larchmont NY 10538 INSURED INSURER B : INSURERC: The California Youth Spirit & Twirling Corps INSURER D: 22755 Mesa Springs Way INSURER E : 1 INSURER F: Moreno Valley CA 92557 COVERAGES CERTIFICATE NUMBER:1415 add ins REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCEADDLSUBR D POLICY NUMBER POLICY EFF MM/DDIVYVY POLICY EXP MMIDDIVVVV LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1000000 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 1XI OCCUR PHPK1215651 B/1/2014 B/1/2015 DAMAGE TOM_9TF_ PREMISES Ea occur ence $ 100000 MED EXP(Any one person) $ 0 PERSONAL& ADV INJURY $ 1000000 GENERAL AGGREGATE $ 3000000 GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS - COMP/OP AGO $ 3000000 X POLICY PRO LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ NON -OWNED HIRED AUTOS AUTOS 1� Review „1 by- U IJ -PROPERTY-DAMAGE Peraccident $ $ UMBRELLA LIAR EXCESS LIAB OCCUR CLAIMS -MADE C^ EACH OCCURRENCE $ AGGREGATE IS DED RETENTION$ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE❑ OFFICERIMEMBER EXCLUDED? NIA PRCSAI Ci rTlin. - TCRY LIMITS E E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Certificate holder, it's officers, agents and employees are named as additional insured in regards to General Liability per attached CG 20 15 04 13 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Purchasing Department 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE Santa Ana, CA 92701 William Flinker/BILL ACORD 25 (2010/05) ©1988-2010 ACORD CORPORATION. All rinhts rpsptvad INsn2H rgn,nnr) n1 Th. Arnan pama a.,l 1r, ., ara r.n ,cfarad mar4p of ArnRn PI-MANU-1 (01/00) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED - PRIMARY COVERAGE THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART, COMMERCIAL AUTOMOBILE LIABILITY SCHEDULE NAME OF PERSON OR ORGANIZATION: CITY OF SANTA ANNA, ITS OFFICERS, EMPLOYEES AND AGENTS, 20 CIVIC CENTER PLAZA, SANTA ANNA, CA 92701-4058 WHO IS ANY INSURED (SECTION II) IS AMENDED TO INCLUDE AS AN INSURED THE PERSON OR ORGANIZATION SHOWN IN THE SCHEDULE, BUT ONLY WITH RESPECT TO THE LIABILITY ARISING OUT OF "YOUR WORK" FOR THAT INSURED BY OR FOR YOU. FURTHERMORE, THE FOLLOWING IS ADDED TO SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS PARAGRAPH 4, OTHER INSURANCE 4. OTHER INSURANCE D) THIS INSURANCE IS PRIMARY FOR THE PERSON OR ORGANIZATION SHOW IN THE SCHEDULE, BUT ONLY WITH RESPECTS TO LIABILITY ARISING OUT OF OUR WORK FOR THAT INSRUED BY OR FOR YOU. OTHER INSURANCE AFFORDED TO THAT INSURED WILL APPLY AS EXCESS ANY NOT CONTRIBUTE AS PRIMARY TO THE INSURANCE AFFORDED BY THIS ENDORSEMENT. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. P-607 (7-03) Reviewed by: Silvia Cuevas PRCSA/Admin. All other terms and conditions of this Policy remain unchanged. Page 1 of 1 POLICY NUMBER: PHPK1215651 COMMERCIAL GENERAL LIABILITY CG 20 15 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - VENDORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Your City of Santa Ana Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) (referred to throughout this endorsement as vendor) shown in the Schedule, but only with respect to "bodily injury" or "property damage" arising out of "your products" shown in the Schedule 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 to the vendor is required by a contract or agreement, the 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. Reviewed by: B. With respect to the insurance afforded to these vendors, the following additional exclusions apply: 1. The 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 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; /lam Silvia Cuevas 3 �e-( PRCSAIAdmin. 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; CG 20 15 0413 © Insurance Services Office, Inc., 2012 Page 1 of 2 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: (1) The exceptions contained in Sub- paragraphs d. or f.; or (2) 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 products. C. With respect to the insurance afforded to these vendors, the following is added to Section III — Limits Of Insurance: If coverage provided to 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 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Reviewed by: Silvia Cuevas PRCSA/Admin. lfl`f Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 15 04 13 A ORV CERTIFICATE OF LIABILITY INSURANCE DATE IMM/OD/YYYY) 9/1/ao15 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. TRIS d 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: B the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject t the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to th certificate holder in lieu of such endorsement(s). PRODUCER The Allen J Flood Companies Inc Two Madison Avenue Larchmont NY 10538 CNA) NTAGr Laura Spina PHONE E[D (914)834-9326 FA (914)034-9330 E�mA,'L,,,,Ispina@ajfusa.com""'_....f.Mfi,..N.BLL....._ INSURERS AFFORDING COVERAGE NAIC p INSURERA:philadel hula insurance Co INSURED ,�5 , , �f ✓ The California Youth Spirit & Twirling Corps 22735 Mesa Springs Way Moreno Valley CA 92557 INSURER e: m INSURERC: INSURER O: INSURER E; INSURER F: COVERAGES CERTIFICATE NUMB ER:15-16 Al Carts 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, ILTR N$R TYPE OF INSURANCE e L Wen B Wen POLICY NUMBER POLICY P OONYYY MMNOY D P LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 5 1,000,000 A j�� CLAIMS -MADE L.x J OCCUR DAMAGE TO RENTED E occurs n S 100, 000 MED EXP(Any one person) S 0 A POPR1373586 8/1/2015 8/1/2016 PERSONAL 4 ADV INJURY $ _ 1,000,000 OEM AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 3,000,000 ( % POLICY PROT LOC ! PRODUCTS COMP/GP AGO $ 3,000,000 OTHER: I$ AUTOMOBILE LIABILITY I COMBINEDSINGLE U I E c den S BODILY INJURY (Per person) _ $ ANY AUTO BODILY INJURY (Per accident) S ALL OWNED SCHEDULED AUTOS AUTOS NCNpOWNEO HIRED AUTOS AUTOS I PROPERTY DAMAGE S S I UMBRELLA LIAR EXCESS LIAO gCCUR CLAIMSMADE ``'' ��tl`'^� EACH OCCURRENCE S AGGREGATE $ ICED I I REIENTONS 8 6� /// WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY OFFICEOPRIETOREXCLUDED eEGUTIVE Y/�N (Myyandatory in NHI OCSCN$ RIPTION OF OPERATIObelow N/A 'jt i ( y ®S {{ STATUTE EftH E.L. EACH ACCIDENT S E.L. DISEASE —EA EMPLOYE 5 E.L. DISEASE- POLICY LIMIT S DESCRIPTION OF OPERATIONS/LOCATIONS/ VEHICLES(ACOnO tut Additional Re erke Schedule, may be eaachad it more space is required) The City of Santa Ana, 20 .Civic Center Plaza, Santa Ana, California 927011 its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. City of Banta Ana Attn: purchasing Department 20 Civic Center Plaza Santa Ana, CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Lam Flinker/LAURA ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD I NSO25 nmenn I} POLICY NUMBER: PHPK1373586 COMMERCIAL GENERAL. LIABILITY CG 20 15 0413 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE REACT IT CAREFULLY. This endorsement modifies insurance provided under the following; COMMERCIAL GENERAL. LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organ lzatlons Vendor Your Products City of Santa Ana mm Information required to complete this Schedule, If not shown abovev�wlll be shown in the Declarations.wµ A, Section II — Who Is An Insured is amended to B. With respect to the Insurance afforded to these include as an additional Insured any person(s) or vendors, the following additional exclusions apply; organizatlon(s) (referred to throughout this 1, The insurance afforded the vendor does not endorsement as vendor) shown In the Schedule, apply to: but only with respect to "bodily Injury" or "property PP y damage" arising out of"your products" shown in a. "Bodily injury" or "property damage" for the Schedule which are distributed or sold in the which the vendor Is obligated to pay regular course of the vendor's business. damages by reason of the assumption of However: liability In a contract or agreement. 'this exclusion does not apply to liability for 1. 'The Insurance afforded to such vendor only damages that the vendor would have in the applies to the extent permitted by law; and absence of the contract or agreement; 2. If coverage provided to the vendor is required 1), Any express warranty unauthorized by you; by a contract or agreement, the insurance c, Any physical or chemical change in the afforded to such vendor will not be broader product made intentionally by the vendor; than that which you are required by the contract or agreement to provide for such d. Repackaging, except when unpacked solely vendor. for the purpose of Inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; Reviewed by do Carmen Acosta mm RCSA/RecreS9: on CG 20 15 04 13 0Insurance Services Office, Inc., 2012 page 1 of 2 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 vender 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; (1) The exceptions contained in Sub- paragraphs d. or f.; or (2) 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 ingredlent, part or container, entering into, accompanying or containing such products. C. With respect to the insurance afforded to these vendors, the following is added to Section III -- Limits Of Insurance; If coverage provided to 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 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Urrilts of Insurance shown in the Declarations. Reviewed by Carmen Acosta PRCSA/Recreation Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 15 04 13