Loading...
HomeMy WebLinkAboutHOLISTIC YOGA AND HEALTH LLC DBA BODY AND BRAIN-2016City of Santa Ana Clerk of the Council AGREEMENT TERMINATION FORM Please complete this form when the attached agreement and all16 AUG 22+ �; (?b amendments (if any) are no longer in effect. Note: If your agreement is grant related, please ensure that all grant retention requirements CITY Qr M� I E1 i�NEi have been satisfied prior to signing the termination form. IT Y O O F COUNCIL AN Return form to the Clerk of the Council Office (M-30). Call 647-1520 if you have any questions. The agreement with �¢! O✓{ ll���yU, N-2016-075� No. was completed on hdA and final yment has been made. (List all amendments. Use space below if needed.) Department:yp'C. S Phone/Ext.: HL 1a Signature: I Date: n O Revised: 0 1 -07-16 v 0 o: } a05 INSRANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES CLEiti{ OF Qt10F /f CLOUNCiG DATE RECREATION SERVICES AGREEMENT N-2016-075 MAI 2 6 't"13IS AGREEMENT is made and entered into this 12"' day of April 2016, by and between Holistic Yoga and Health LLC dba Body & Brain ("Provider") and the City of Santa Ana, a charter city and municipal corporation organized and existing wider the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a recreation service provider having special skills, resources and knowledge to provide Body and Brain YogalTai Chi instruction in its 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 auy services performed by Provider under 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 follows: 1. SCOPE OF SERVICES Provider shall perform those services as set forth in Exhibit A to this Agreement. 2. COMPENSATION In consideration for the provision of the programs set forth in Exhibit A, City agrees to pay the Provider seventy percent (70%) of all gross revenue received from program participants. Total revenue to Provider shall not exceed $25,WO aumally. Payment to Provider shall be made monthly within thirty (30) days following completion of the last. class taught by Provider the prior month.. City shall be responsible for collecting all fees from program participants. Provider shall not collect fees but will refer all interested participants to City far registration information. Provider agrees that City shalt retain thirty percent (30%) of all gross revenue received from. program participants as an administrative fee. 3. TERIVI This Agreement shall commence on May 1, 2016 and end on December 31, 2016, unless terminated earlier in accordance with Section 12 below. The terra of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. 4. IN.TDEPENIDENT CONTRACTOR Provider shall, during the entire term of this Agreement., be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor Page 1 of 8 shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the manner in which Provider performs the services which are the subject matter of this Agreement; however, the services to be provided by Provider shall be provided in a manner consistent with all applicable standards and regulations governing such services, Provider shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. Provider is not an agent, representative or employee of City and Provider shall have no authority to act on behalf of the City. 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 and $2,000,000 in the 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 insured's provisions. b. Worker's Compensation Insurance. In accordance with California State law, 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 frill force and effect for the entire period covered by this Agreement. Certificates of insurance shall be fiirnished to the City upon execution of this Agreement and shall be approved in form by the City. 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 Page 2 of 8 and is in force and paid for, the City shall have the right, at the City's election, to 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, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and clahns for property damage, which may arise from the direct or indirect operations of Provider or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. 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. Provider 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. In no case will Provider be required to indemnify or hold harmless the City for injury, damages, just compensation, restitution, judicial or equitable relief caused by the sole negligence of the City. 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. L187E SCAN BACKGROUND CHECK Provider, and any employees, subcontractors 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. 4. 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 Page 3 of 8 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: Cleric of the Council City of Santa Ana 20 Civic Center Plaza (NI-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Facsimile (714) 647-6956 With copy to: Executive Director of Parks, Recreation and Community Services City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, California 92702 Facsimile (714) 571-4211 To Provider: Holistic Yoga & Health LLC Attn.: Joohee Son 5753 E. Santa Ana Canyon Road Anaheim, California 92807 (714) 283-0046 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 asset forth above. If sent by fax, communication sirall 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. 1.0, EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Provider regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terns 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. Page 4 of 8 11, ASSIGNMENTISUBSTITUTES 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. 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 are at least twenty-one (21) years of age and comply with the City's insurance and live scan requirements contained herein. Evidence of compliance with City's insurance and live scan requirements shall be provided upon request, 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. Provider must personally teach at least seventy-five percent (75%) of its offered classes. 12. TERMINATION a. This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Provider shall be entitled to receive, mud City shall pay Provider, compensation for all services rendered prior to the effective date of termination. b. Termination or cancellation of classes by the Provider outside of Section I Lb. 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. RECORDS Provider shall use attendance sheets generated and, supplied by the City to record attendance in each class. Provider shall keep these and any other records in connection with the work to be performed under this Agreement and shall permit City, upon request, to review such records for a period of three (3) years from the date of final payment to Provider under this Agreement. 14. NON-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, teaching, training, utilization, promotion, termination or other employment related activities or in connection with any activities related to this Agreement. Provider affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. Page 5 of 8 15. 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 wise out of, in connection with or by reason of this Agreement. 16. 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. 17. 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. 18, EXHIBITS All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 19. AUTHORITY The person(s) executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement, the parties hereto are formally bound to the provisions of this Agreement. Slgnataere Page to Follow Page 6 of 8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CJLTSANTA AMARIA D. HUIZAR DAVID CAVAZOS Clerk of the Council City Manager APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By:rU,-, J01-IN M. FUNK Assistant City Attorney RECOMMENDED FOR APPROVAL: PROVIDER: GERARDO MOUET —— Jo a Son Executive Director of Parks, Recreation and Community Services Agency Page 7 of 8 SCOPE OF SERVICES — Holistic Yoga & Health LLC dba Body & Brain A. Provider shall conduct Yoga/Tai Chi and Meditation Classes for individuals 15 and up. B. Provider shall teach, such or similar classes (1) at the times below at facilities to be designated by the City or (2) on a schedule agreed upon by the parties for each class session or term, including the location, specific days and hours when classes will be held, and holidays to be observed, in accordance with City's needs. Yoga/Tai Chi classes will consist of monthly sessions, one day per week, 60 minutes per day Meditation classes will consist of monthly sessions, one day per week, 60 minutes per day C. Provider will provide and be responsible for equipment, records, and personnel and clean- up of the facilities and materials necessary to ensure the safety and effectiveness of said instruction. CLASS SIZE / REGISTRATION A. Each class must have a minimum of 15 paid students and no more than 100 students. B. No registration will be accepted after the second meeting of class. C. If the minimum registration has not been reached by the second class, the class may be cancelled by mutual agreement of Provider and City. Provider will be tinder no obligation to provide services for the cancelled classes, and the City will have no further obligations to pay Provider compensation for the remaining classes that were cancelled in that session. CLASS FEES A. Each participant shall pay class registration fee as established by City. B. Provider may not waive class participation/registration fees. C. Only registered participants may participate in class. D. Any refunds to participants will be made in accordance with City policy. E. Any material fee shall be established by mutual agreement of City and Provider and shall be payable directly to Provider. Page 8 of 8 COVERAGES �E IMMAS J NON WA 1 1- 2 0 V EN W 1 SMW On. AMY NE Ahbk- W, Q,n N rd NOY 0 0 k— >on V 4-k .5 "Em" 0 TAFA � in �q 4"m A"i vd MW Q, 1 4 -AWEA A3553V2,1M3 lnn 1M [ XAM TYPE OF IN31JRANCE FILM NIAISER UMIT3 A GENERM LIA8111 X zu --7 -L W Is \1 51 $=833 0121 M 0 012017 ."jumm-WA 3 1,000:060 30.000 %lF,, EsP X 5,000 lEP-KNN:. 3 .L, Nuu-1, 5 1,000,000 Amm"TAWA7 5 ZHINO .7x a r.,F-1 71, -RODE 0 WMF cp 106 S 2,000000 NCN,D? NED W- k, now rnn. i�, -�- ,3a mr- G,\ EAG F I A-8 I L 1 r I t on, 0c, , ve e -A . \0�\ 17 kc� El IE D, ILE RUN= WORKER3 COMPESMATEN AMID EMPWYERT LbUBTRY WKM mum"3 909688416 00MIl 8 0122M7 x ;Ormoo 7,1�EUEA'- S 1300=0 "Pui(,l UNI f 1.0')Q,000 OMER DEOGNP MON OF OPERA ADDED SY ENOORSENIE;4 Tr SPECIAL PROY 15ION3 Carf!fica.i hol -IQr !Is 3 lgelis and smoloyes an wMad as Addtonat k3und In 09vd5 to Coleral UabOrry per Wache'l S3 145 WE : An terms and -, )rd, t! of's are based upon : ,a 11tu 11 pol ! cy a t7 0, Sam Ira No PROIA DmArl 1AWY WOW U 2?y "I I z I'll ICIAD 1ORPORAYIN '333 86-300022-B {Ed. 07/09) SCHEDULE Name Of Person Or organization: CITY OF SANTA ANA Information required to complete this Schedule, if not shown on this endorsement, will be shown in the Declarations. This endorsement modifies insurance provided under the following; BUSINESSOWNERS COMMON POLICY CONDITIONS We waive any right of recovery we may have against: 1, Any person or organization shown in the Declarations; or Any person or organization with which you have a contract that requires such a waiver. F a SB-300022-B Includes copyrighted material of Insurance Services Office , Inc., with its permission. Page I of I (Ed, 07/09) Copyright, Insurance Services Office, no, 2002 p This endorsement modifies insurance provided under the following: BUSINESSOWNERS COMMON POLICY CONDITIONS The Following is added to Paragraph H. Other Insurance and supersedes any provision to the contrary: Primary And Noncontributory Insurance CNA80103XX (09-1 t4) 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 Named Insured under such other insurance: and P. You have agreed in writing in a contract or agreement that this insurance mould be primary and would not seek contribution from any other insurance available to the additional insured. All other terms and conditions of the Policy remain unchanged. CNA80103XX (09-14) Page 'I of 1 (',, yF,t. ",A All C, yl 5 R, ",,e -. n�l�tles mpg grte I fin i ai 1-E Pr r es "X",. Ir., a lh .t, s3iar. SB-146932-E (Ed. 06/11) THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM Coverage afforded under this extension of coverage endorsement does not apply to any person or organization covered as an additional insured on any other endorsement now or hereafter attached to this Policy. 1, ADDITIONAL INSURED — BLANKET VENDORS WHO IS AN INSURED is amended to include as an additional insured any person or organization (referred to below as vendor) with whom you agreed, because of a written contract or agreement to provide insurance, 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, subject to the following additional exclusions: 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; 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, tt" connection with the distribution or sale of the products; own acts or omission or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained in Subparagraphs d, or L; 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. 3. This provision 2. does not apply to any vendor included as an insured by an endorsement issued by us and made a part of this Policy. 4. This provision 2, does not apply if "bodily injury" or "property damage" included within the "products - completed operations hazard" is excluded either by the provisions of the Policy or by endorsement. 2. MISCELLANEOUS ADDITIONAL INSUREDS WHO IS AN INSURED is amended to include as an insured any person or organization (called additional insured) described in paragraphs 2.a. through 2.h. below whom you are required to add as an additional i on this policy under a written contract or e� greement but the written contract or agreement must in effect or_pecoming effective during the If. Demonstration, installation, servicing or repaf .4 I Vrr,y'or trits„polrcy; and operations, except such operations performed .— 5x c� prior to the "bodily injury," "property at the vendor's premises in connection with �personal and advertising injury," but the sale of the product; �C�C� o �\� g. Products which, after distribution or sale b fh following persons or organizations are ���{ " additional insureds under this endorsement and you, have been labeled or relabeled or used 4 coverage provided to such additional insureds is as a container, part or ingredient of any other limited as provided herein: thing or substance by or for the vendor, or a. Additional Insured — Your Work h, "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its That person or organization for whom you do work is an additional insured solely for liability SB-'146932-E Page 1 of 5 (Ed. 06/11) Clue to your negligence specifically resulting from your work for the additional insured which is the subject of the written contract or written agreement. No coverage applies to liability resulting from the sole negligence of the additional insured. The insurance provided to the additional insured is limited as follows: (1) The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less. These Limits of Insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations. (2) The coverage provided to the additional insured by this endorsement and paragraph F.9. of the definition of "insured contract' under Liability and Medical Expenses Definitions do not apply to "bodily injury" or 'property damage" arising out of the 'products -completed operations hazard" unless required by the written contractor written agreement. (3) The insurance provided to the additional insured does not apply to "bodily injury," "property damage," or 'personal and advertising injury" arising out of the rendering or failure to render any professional services. la, State or Political Subdivisions A state or political subdivision subject to the following provisions: (1) This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with premises you own, rent, or control and to which this insurance applies: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, SB•I46932•E (Ed. 06/11) This insurance does not apply to "bodily injury," "property damage" or "personal and advertising injury' arising out of operations performed for the state or municipality. c. Controlling Interest Any persons or organizations with a controlling interest in you but only with respect to their liability arising out of: (1) Their financial control of you; or (2) Premises they own, maintain or control while you lease or occupy these premises, This insurance does not apply to structural alterations, new construction and demolition operations performed by or for such additional insured. d. Managers or Lessors of Premises A manager or lessor of premises but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. e. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver but only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of a premises by you, This insurance does not apply to structural alterations, new construction or demolition operations performed by or for such additional insured. Owners/Other Interests — Land is Leased driveways, manholes, marquees, An owner or other interest from whom land hoistaway openings, sidewalk vauq%.viewed DV has been leased by you but only with respect street banners, or decorations a ttfi to liability arising out of the ownership, similar exposures; or maintenance or use of that specific part of the (b) The construction, erectio a leased to you and subject to the following removal of elevators; or a nal exclusions. (2) This insurance applies onl.ywith-r pe t�--��--•----� _w .-=urance does not apply to: to operations performed by you or on gS'finein Acosta (1) Any 'occurrence" which takes place behalf for which the state or ,p 1ffh A/Rprf� a���ri after you cease to lease that land; or subdivision has issued a permit. l SB-146932-F (Ed.06/11) Page 2 of 5 (2) Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. g. Co-owner of Insured Premises A co-owner of a premises cc -owned by you and covered under this insurance but only with respect to the co -owners liability as cc - owner of such premises. h. Lessor of Equipment Any person or organization from whom you lease equipment. Such person or organization are insureds only with respect to their liability arising out of the maintenance, operation or use by you of equipment leased to you by such person or organization. A person's or organization's status as an insured under this endorsement ends when their written contract or agreement with you for such leased equipment ends. With respect to the insurance afforded these additional insureds, the following additional exclusions apply: This insurance does not apply: (1) To any "occurrence" which takes place after the equipment lease expires; or (2) To "bodily injury," "property damage" or "personal and advertising injury" arising out of the sale negligence of such additional insured. Any insurance provided to an additional insured designated under paragraphs b. through h. above does not apply to "bodily injury' or "property damage" included within the "products -completed operations hazard." 3. The following is added to Paragraph H. of the BUSINESSOWNERS COMMON POLICY CONDITIONS: H. Other Insurance SB- I46932-E (Ed 06111) Damage To Property, is replaced by the following: k, Damage To Property "Property damage" to: 1. Property you own, rent or occupy, Including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; 2. Premises you sell, give away or abandon, If the "property damage" arises out of any part of those premises; 3. Property loaned to you; 4. Personal property in the care, custody or control of the insured; S. That particular part of any real property on which you or any contractors or subcontractors working directly or indirectly in your behalf are performing operations, if the "property damage" arises out of those operations; or 6. That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraph 2 of this exclusion does not apply If the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs 1, 3, and 4, of this exclusion do not apply to "property damage" (other than damage by fire or explosion) to premises: 4. This insurance is excess over any other (1) rented to you: insurance naming the additional insuredu`tl8ynl£B) temporarily occupied by you with the as an insured whether primary, excess, permission of the owner, or contingent or on any other basis unless a (3) t the contents of premises rented to written contract or written agreem t for a period of 7 or fewer specifically requires that this insurance e �f' cutive days. either primary or primary _ noncontributing. - separate limit of insurance applies to r-atrr,e l A( QAge To Promises Rented To You as 4. LEGAL LIABILITY— DAMAGE TO PREMISES r , , , ,) p 4 f "p,d in Section D — Liability and A. Under B. Exclusions, 1. Applicable to cal Expenses Limits of Insurance. Business Liability Coverage, Exclusion k. SB-146932-E Page 3 of 5 (Ed,06,111) Paragraphs 3, 4, 5, and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to "property damage" included in the "products -completed operations hazard " B. Under B. Exclusions, 1. Applicable to Business Liability Coverage, the last paragraph of 2. Exclusions is deleted and replaced by the following: Exclusions c, d, e, f, g, h, i, k, I, m, n, and o, do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner or to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section D. Liability And Medical Expenses Limits Of Insurance. SB-146932-E (Ed. 06i'1'1) (2) Any partner, if you or an additional insured is a partnership - (3) Any manager, if you or an additional insured is a limited liability company; (4) Any "executive officer" or insurance manager, if you or an additional insured is a corporation; (5) Any trustee, if you or an additional insured Is a trust; or (6) Any elected or appointed official, if you or an additional insured is a political subdivision or public entity. This paragraph e, applies separately to you and any additional insured. 7. Bodily Injury Section F. Liability and Medical Expenses Definitions, item 3. "Bodily Injury" is deleted and replaced with the following: "Bodily injury" means bodily injury, sickness or C. The first Paragraph under item 5. Damage To disease sustained by a person, including death, Premises Rented To You Limit of Section humiliation, shock, mental anguish or mental D. Liability And Medical Expenses Limits injury by that person at any time which results as Of Insurance is replaced by the following: a consequence of the bodily injury, sickness or The most we will pay under Business Liability disease. for damages because of "property damage" g, Expanded Personal and Advertising Injury to any one premises, while rented to you, or Definition temporarily occupied by you, with the permission of the owner, including contents of a. 7"he following is added to Section F. Liability such premises rented to you for a period of 7 and Medical Expenses Definitions, item 14. or fewer consecutive days, is the Damage to Personal and Advertising Injury, in the Premises Rented to You limit shown in the Businessowners General Liability Declaration, Coverage Form; 5. Blanket waiver of Subrogation h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural We waive any right of recovery we may have person, but only if such discrimination or against: humiliation is: a. Any person or organization with whom you 1. Not done intentionally by or at the have a written contract that requires such a direction of: waiver. 6. Broad Knowledge of Occurrence a. The insured; or b. Any "executive officer," director. The following items are added to E. stockholder, partner, member or Businessowners General Liability Conditigi'g3VI; ft 0 Dy manager (if you are a limited liability in the Businessowners Liability Coverage company) of the insured; and 'r Form: NoVernployment rajctly or indirectly related to the additional a. and b. apply to you oJNY- m�ent, prospective employment, occurrence," offense, only when�j or termination of e. Paragraphs offense, claim or -'suit" •• 1�..� npforymem of any person or person by to:t rfirlC:i"I Acosta anyinsured. (1) You or any additional insured that psram,Dt a,followiny is added to Exclusions, Section individual; B„ SB-146932-E (.Ed. 06,11) Page 4 of 5 (15)Discrimination Relating to Room, Dwelling or Promises Caused by discrimination directly or indirectly related to the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any insured. (16)Fines or Penalties Fines or penalties levied or imposed by a governmental entity because of discrimination. c. This provision (Expanded Personal and Advertising Injury) does not apply if SB-148932-E (Ed .061'11) Personal and Advertising Injury Liability is excluded either by the provisions of the Policy or by endorsement. 9. Personal and Advertising Injury Redefined Section F. Liability and Medical Expenses Definitions, item 14, Personal Advertising Injury, Paragraph c. is replaced by the following: The wrongful evictio into, or Invasion of occupancy of a roc that a person or committed by or on landlord or lessor. t�6,vlc�wed by Cart-nen Acosta ,�cS- /R(wCFe_ation n from, wrongful entry the right of private m dwelling or premises organization occupies behalf of it's owner. SB-146932-E Page 5of5 (Ed,06/11) CNA Connect Endorsement Declaration POLICY NUMBER B 6011408514 COVERAGE PROVIDED BY VALLEY FORGE, 'INSURANCE COMPANY 333 S. WABASH CHICAGO, IL. 60604 INSURED NAME AND ADDRESS HOLISTIC YOGA & HEALTH LLC 10015 GARDEN GROVE BLVD GARDEN GROVE, CA 92844 AGENCY NUMBER AGENCY NAME AND ADDRESS 055542 EG INSURANCE AGENCY INC 616 S EUCLID ST ANAHEIM, CA 92802 Phone Number: (714)533-7089 BRANCH NUMBER BRANCH NAME AND ADDRESS 240 .LOS ANGELES WEDBUSH CENTER 1000 WILSHIRE BLVD 18 FL #1800 LOS ANGELES, CA 90017 Phone Number: (877)400-0750 " kr CNA `= 4 FROM - POLICY PERIOD - TO 04/21/2016 04/21/2017 This policy becomes effective and expires at 12:01 A.M. standard time at your mailing address on the dates shown above. This endorsement changes your policy. Please read ibwepj�ly. This Endorsement Results In No Change In Premiur?'e" The Named Insured is a Limited Partnership. Audit Period is Not Auditable PAIN'timer INSURED Faze - of 3 POLICY NUMBER INSURED NAME AND ADDRESS 3 601'..4.i35K ,C_, T:7 -." YOGA n iEA-LTH :.0(i7.n 447ZN ROVE E..17T: 'IAQDE`;;R07E, CA 92844 ADDITIONAL INTEREST S=DULE LOCATION 1 BUILDING 1. The oilowing has been added to your policy effective 01/21,2CI6 Type: Designated Pe::son or Organization. Additional Interest Name and Address: CITY OF SNATA ANA, HS OFFICERS, EMPLOYEES, AGENTS 20 CIVIC CENTER PLAZA - M-23 SANTA AAA , CA 9270 L LOCATION 2 BUILDING Tne Eollowtng has been adders to your poFicy effective 04/21/2016 Type: Designated Person or Organization Additional Interest Name and Address: CITY OF S':J:^-.'_A AN& ITS OFFICERS, EMPLOYEES, AGENTS 20 CIVIC CENTER PLAZA - M-23 SANTA ANA , CA 92701 C sAcosta ������scre�tian 1CI, j% OL 3 POLICY NUMBER q1a ,., INSURED NAME AND ADDRESS :,JG.a _ HEALI _D, ;ii^ AP; EN GP,,TiE gtyr FORMS AND SCHEDULE i E: 110 ing _ _s!-. s c t, _Dros, Snhedulas and Endors_t as_.. List =K Business &at are a par: of this lacy. LL COMMON The foLlowing forms have been added Cc your policy, e=°_:�_ e FORM NUMBER FORM TITLE a 6015B it i 0i ENDORSENIENT EF'F'r:.. J 01/2 /201 COMMERCIAL GENERAL LIABILITY 'ih=_ following forms have been added to your policy, eff r ,Te 04 1 201r; FORM NUMBER FORM TITLE SB300113C 06/2 ll. Additional Insured - Designated n rs;n a Chairman of the 8aard PQLICY NUMBER INSURED NAME AND ADDRESS ;ARDEN GROVE, CA ..1844 POLICY CHANGES ENDORSEMENT EFFECTIVE 04/21/2016 This Change Endorsement changes the Policy. Please read it carefully. This Change Endorsement is a part of your Policy and takes effect on the effective date of your Policy, unless another effective date is shown. The 'o_lowing Additional insured(s) ha3 _en ad=.1a1: Form A S3300113C Title. ADDIrICAIAT. W3EC - DES-SGNATED PERSQ: `lane and Address: CITY OF SNATA AiA, HS EMPLOYEES, AGENTS, PEPRES NTATIVE,i T VOL-UNTEERS f carmen Acosta Wq" ,sA,'ReC, eaboo' Chairman of the Board 9acaetnry SB-300It3-C CNA Ed. 06/11) THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM FYdS► 1", Name Of Person Or Organization: Information required to complete this Schedule. if not shown on this endorsement, will be shown in the Declarations. The following is added to Paragraph G. who Is An Insured: 4. Any person or organization shown in the Schedule is also an insured, but only with respect to "bodily injury," or "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 in the performance of your ongoing operations or in connection with your premises owned by or rented to you. :r rgC: 1, f § t SB-300113-C Indades copyrighted material of Insurance Services OFre©, Inc.. with its permission. Page 1 of 1 (Ed. 06d 1 ) Copynght, Insurance Services Office. Inc- 2002