HomeMy WebLinkAboutDISCOVERY SCIENCE CENTER OF ORANGE COUNTY 4 -2015City of Santa A,
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amendments (if any) are no longer in effect.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 647-6520 if you have any questions.
The agreement with
N-2015-074
No. was completed on
(List all amendments. Use space below if needed.)
COTC Office
CAH
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and Tina( payment has been made.
Department:►'i ll�'I tkl
Phone/Ext.: sa54
Signature: ,Sa Q 6\-0,
Date: '7 Ila(y �a
Revised 08-23-10
INSURANCE ON FILE
WORK MAY PROCEED
UNTIL INSURANCE EXPIRES
CLERK OF COUNCIL
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CITY OF SANTA ANA
RECREATION FACILITIES USE AGREEMENT
THIS AURhhMEN Iis made and entered into on April 1 /, /V D ny and between
DISCOVERY SCIENCE CENTER OF ORANGE COUNTY, a California non-profit public
benefit corporation ("User"), and the CITY OF SANTA ANA, a charter city and municipal
corporation organized and existing under the Constitution and laws of the State of California
("City"),
RECITALS
A. User wishes to utilize portions of the City -owned Santa Ana Zoo at Prentice Park to
provide summer camp programs to children, including residents of the City.
B. City is willing to allow use of portions of the Zoo for such purposes subject to the terms of
this Agreement.
The parties agree as follows:
GRANT OF PERMISSION AND FACILITIES TO BE USED
City hereby grants User permission to utilize those portions of the Santa Ana Zoo at
Prentice Park ("Facilities") for the exclusive purpose of conducting an educational summer camp
for children ages 5-10 years old, as more specifically described on Exhibit A and on the dates and
times therein. Other portions may be used only by mutual agreement of the parties. User's use
shall be and remain subject to the priority use of the property by City, and its invitees, as a zoo
facility open to the public. User shall have the responsibility to set programming for each camp
in consultation with zoo staff. User agrees to restrict campers from entering any portion of the
zoo that has not been designated for camp use or any other areas as requested by zoo staff.
2. COMPENSATION
User agrees to pay City $25 per student, due and payable to Pity upon completion of each
week of the camp. Not to exceed $25,000 during the tern of this agreement.
TERM
This Agreement shall commence on June 29, 2015 and continue through August 21,
2015.
4. COMPLIANCE WITH RULES AND REGULATIONS
User shall use and occupy the Facilities in a safe and careful manner and shall comply
with all applicable local, state, and fedcral laws in its use of and activities in the Facilities,
including as to the conduct of its employees, agents, clients, customers, guests, and others using
the Facilities by reason of this Agreement. User shall also comply with all rules and regulations
of City in effect during its use of the Facilities. Failure to abide by such laws, rules, or
regulations, or any condition of this Agreement, may result in the immediate termination of this
Agreement in the sole discretion of the City.
5. BACKGROUND CHECKS
Where User's use of the Facilities under this Agreement involves participation by minors,
User represents and warrants that it has engaged an independent entity to conduct a background
check of all employees, agents, independent contractors, volunteers, or other individuals who are
performing services for User in connection with such use. The background check shall include at
a minimum a state and county criminal history investigation where such individual resides and a
search of the national and California state sex offender registries. Proof of the background check
required under this section shall be provided to City upon request.
6. INDEMNIFICATION
User agrees to and shall indemnify, protect, defend, and hold harmless City, its officers,
agents, employees, consultants, special counsel, and representatives from and against any and all
claims, damages, judgments, attornWs fees, costs and expenses arising out of, involving, or in
connection with the use of the Facilities or the acts .or omissions of User, its officers, agents,
employees, volunteers, guests, or invitees, whether or not such acts or omissions constitute
permitted uses of the Facilities.
7. INSURANCE
Without limiting User's indemnification obligations, User agrees to obtain and maintain
during the term of the Agreement, and to require its subcontractors, if any, to obtain and maintain
insurance as described below:
a. Commercial General Liability Insurance. 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 User'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 and
$2,000,000 aggregate, including coverage of sexual molestation with limits not less than $50,000
per occurrence and $100,000 general aggregate. 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 insureds provisions.
b. Business automobile liability insurance, or equivalent form, with a combined
single limit of not less than $1,000,000 per occurrence. Such insurance shall include
coverage for owned, hired and non -owned automobiles.
c. Worker's Compensation Insurance (California statutory limit) and Employer's
Liability Insurance for not less than $1,000,000 per occurrence.
d. The following requirements apply to the insurance to be provided by User pursuant to
this section:
(i) User shall maintain all insurance required above in fall 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.
(iii) 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,
e. if User fails or refuses to produce or maintain the insurance required by this section or
fails or refuses to fiunish 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 terminate this Agreement
without penalty or further notice to User.
S. CONFLICT OF INTEREST CLAUSE
User covenants that it presently has no interests and shall not have interests, direct or
indirect, which would conflict in any manner with performance of services specified Linder this
Agreement.
4. FORCE MAJUERE
In the event that the Facilities are rendered unavailable due to destruction, partial or total,
acts of nature, work stoppages or other labor disturbances, civil commotion, war, or any other
action by governmental agencies, or for any reason beyond the control of City, City shall have the
right to terminate this Agreement without penalty.
10. LICENSES AND PERMITS
User represents and warrants that it, and any agents, independent contractors,
subcontractors, vendors, or others acting on its behalf under or with respect to this Agreement,
will at all times during the term of this Agreement have and maintain in force any and all
licenses, permits, or approvals required by law for the conduct of User's activities under this
Agreement.
11. DAMAGE TO FACILITIES
User shall be liable for any damage to the Facilities caused by any act of negligence of
User, its partners, agents, servants, contractors, representatives, guests, employees, invitees, or
customers. City may, at its option, repair such damage, grid User agrees to reimburse City for the
total cost of repair.
12. PROPERTY BELONGING TO USER
City shall not be responsible for lost, stolen, or damages property belonging to User, its
partners, agents, servants, contractors, representatives, guests, employees, invitces, or customers.
13. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and directed to the addresses below or such addresses as either
party may later specify in writing, Notice is deemed effective on the date it is given if hand -
delivered or received by facsimile that day, Notice given by U.S. mail shall be deemed to have
been given three (3) business days after it is deposited in the U,S. mail, postage prepaid and
addressed as follows:
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
With copies to: Executive Director of Parks, Recreation and Community Services
City of Santa Ana
20 Civic Center Plaza (M-75)
PA. Box 1988
Santa Ana, California 92702
and City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
To User: DISCOVERY SCIENCE CENTER OF ORANGE COUNTY
2500 N Main Street
Santa Ana, CA 92705
Attn: Ianet Yamaguchi, VP, Education
14. EXCLUSTVTTY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
User regarding the subject matter herein, and supersedes any and all other agreements, oral or
written, between the parties regarding the use of the Facilities. In the event of a conflict between
the terms of this Agreement and any attachments hereto, the terms of this Agreement shall
prevail. This Agreement may not be. modified except by written instrument signed by the City
and by an authorized representative of User. The parties agree that any terms or conditions of any
purchase order or other instrument that are inconsistent with, or in addition to, the terms and
conditions hereof, shall not bind or obligate User or the City. Each party to this Agreement
acimowledges that no representations, inducements, promises or agreements, orally or otherwise,
have been made by any party, or anyone acting on behalf of any party, which are not embodied
herein.
15. ASSIGNMENT
User may not assign, transfer, delegate, or subcontract any interest herein without the
prior written consent of the City and any such assignment, transfer, delegation or subcontract
without the City's prior written consent shall be considered null and void. User shall not allow
any other person or entity to use the Facilities without the prior written consent of City.
0
16. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice.
17. NONDISCRIMINATION
User shall not discriminate in the course of its activities in or about the Facilities on the
basis of race, color, disability, religion, sex, marital status, sexual orientation, age, national origin,
ancestry, disability, or any other basis prohibited by law. User affirms that it is an equal
opportunity employer and shall comply with all applicable federal, state and local laws and
regulations.
I & .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.
19. AUTHORITY
Each undersigned represents and warrants that its signature herein below has the power,
authority and right to bind their respective parties to each of the terms of this Agreement.
ATTEST:
MAR IADe l°itvIIZ.AR
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALI30
City Attorney
By:
John .Funk
Assistant City Attorney
RECOMMENDED FOR
('1�'4%FG?�QNTA AN
DAVID CAVAZOS
City Manager
DISCOVERY SCIENCE CENTER
OR ORANGE COUNTY
�ji�-"i ✓G� �K-e/� i/LTri42���y
GERARDOMOUET (Name) JA. V )VI Zµ ICCHI
Executive Dire etor—P CS (Title)
Exhibit A
Zoo Camp Schedule 2015
Maximum
Number of
Campers
Age of
Campers
Start Date
End Date
Time
Camp
30
7-10
6/29/2015
7/3/2015
9:00-2:30
Zoo Camp
30
7-10
7/6/2015
7/10/2015
9:00-2:30
Zoo Camp
30
7-10
7/13/2015
7/17/2015
9:00-2:30
Zoo Cam
30
5-6
7/20/2015
7/24/2015
9:00-12:30
The Zoo and
You
30
5-6
7/27/2015
7/31/2015
9:00-12:30
The Zoo and
You
30
5-6
8/3/2015
8/7/2015
9:00-12:30
The Zoo and
You
30
7-10
8/10/2015
8/14/2015
9:00-2:30
Zoo Camp
30
7-10 1
8/17/2015
8/21/2015
9:00-2:30
Zoo Camp
The portions of the Zoo that are permitted for the above camps at the respective
dates and times are the foilowing:
The Barn Classroom
Other portions of the Zoo may be used only by mutual agreement of the parties.
User agrees to restrict campers from entering any portion of the zoo that has not
been designated for camp use or any other areas as requested by zoo staff.
271060
CERTIFICATE OF LIABILITY INSURANCE
DATE (MMIDDIYYYY)
4/2012015
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
PRODUCER
Commercial Lines - (818) 464-9300
Wells Fargo Insurance Services USA, Inc. - CA Lic#: OD0840B
15303 Ventura Boulevard, 7th Floor
Sherman Oaks, CA 91403-3197
INSURED
Discovery Science Center of Orange County
the Discovery Cube Orange County
2500 N. Main Street
Santa Ana, CA 92706
CCVFRAGFR CERTIFICATE NIIMRFR: 9029371
NcAW I Catherine Cory
IN41 sank
818464.9458 __. FAX Nap
806-9666687....
ADDRESS:
catherine.cory@wellstargo,com
IN$URER(Si AFFORDING COVERAGE
NAICN
INSURERA:
Philadelphia Indemnity Insurance Company
18058
INSURER e :
Employers Compensation Ins Cc
11512
INSURERC:
INSURER D:
INSURERS:
INSURER f:
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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.
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A X PHPK1269512 12115/2014
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MED EXP (Any one person) $ 20,000
PERSONAL A AOV INJURY $ 1,000,ow
GEN1. AGGREGATE LpIMr�IT, APPLIES PER
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X POLICY SMTT LOC
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A AUTOMOBILE LIABILITY PHPK1269512 12/16/2014
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(Eaawiden0 1000,Doo
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EXCESS LIAR CLAIMS -MADE
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The City of Santa Ana, Parks, Recreation and Community Services Agency to Included as Additional
Insured for General Liablity as required by written
contract. 22 1-
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PRCSA(Admir),
City of Santa Ana, Its officers, agents, and employees SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Parks, Recreation and Comrnuntly Services Agency THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
20 Civic Center Plaza
Santa Ana CA 92701 AUTHORIZED REPRESENTATIVE
The ACORD name and loqo are registered marks of ACORD @ 1988.2014 ACORD CORPORATION. All rights reserve
ACORD 26 (2014/01)
POLICY NUMBER: PHPK1269512 COMMERCIAL GENERAL LIABILITY
CG 20 26 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE_ READ IT CAREFULLY.
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This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s) Or Organisation(s):
City of Santa Ana, Its officers, agents, and employees
Parks, Recreation and Community Services Agency
20 Civic Center Plaza
Santa Ana CA 92701
A. Section II — Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property
damage" or "personal and advertising injury"
caused, in whole or in part, by your acts or
omissions or the acts or omissions of those acting
on your behalf
1. In the performance of your ongoing operations;
or
2. In connection with your premises owned by or
rented to you.
However:
C The insurance afforded to such additional
Insured only applies to the extent permitted by
law; and
B. With respect to the insurance afforded to these
additional insureds, the following Is added to
Section In — Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits of
Insurance shown In the Declarations;
whichever is less.
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
2. If coverage provided to the additional insured Is
required by a contract or agreement, the ,t by".
insurance afforded to such additional insured ��JE a
will not be broader than that which you are
required by the contract or agreement to
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CG 20 26 04 13 0 Insurance Services Office, Inc., 2012 Page 1 of i
171003
A< � CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY)
Iki. ''_ 12/22/2015
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. THIIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS), 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 Ileu of such endorsement(s).
Commercial Lines 818 4C4-930CI NAME;T Catherine Cory
PRODUCER CONTACT
( � PHONE ,�,...
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THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED` NAMED OR HE POLICY
NAMED ABOVE FOR TFIF POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR COND%TION OF
ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
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EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN
REDUCED BY PAID CLAIMS.
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may be attached If more space is required) 1
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contract.
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20 C:Ivic Center Plaza
Santa Ana CA 92701
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SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE �]
ACORD 26 (2014/01)
I ne ma.,vreu name ana logo are lregisterea rnarKS of ACCORDU 1988-2014 ACORD CORPORATION. AIl �ri,ghts reserved,
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POLICY NUMBER: PHPK1432448 COMMERCIAL GENERAL LIABILITY
CG 20 26 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
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kq 0 a ffi0:111L 0
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
F-�. 1111�
Name Of Additional Insured Person(s) Or Organization(s):
City of Santa Ana, its officers, agents, and employees
Parks, Recreation and Cornrnunity Services Agency
20 Civic; Center Plaza
Santa Ana CA 92701
Information required to complete this Schedule, if not shown above, wail be shown in the Declarations.
A. Section 11 — Who Is An Insured is arnended to
inciucle as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property
damage" or "personal and advertising injury"
caused, in whole or in part, by your acts or
omissions or the acts or omissions of those acting
on your behalf:
1. In the performance of your ongoing operations;
or
2. In connection with your premises owned by or
rented to you.
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will n f k k A +1, +4 + hi I
B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III — Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured 'is the,
amount of insurance.
1. Required by the contract or agreement; or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
- e — , 1 W.1 . - , t you are eNS
required by the contract or agreement to
provide for such additional insured.
lac,
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CG 20 26 04 13 0 Insurance Services Office, Inc., 2012 Page 1 of I
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