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HomeMy WebLinkAboutDISCOVERY SCIENCE CENTER OF ORANGE COUNTY (6)- 2016INSURANCE ON FILE A-2016-179 WORK MAY PROCEED UNTIL INSURANCE EXPIRES PROGRAM FUNDING AGREEMENT CLERK OF OUNCIL DAIETHIS AGREEMENT, made and entered into this 5th day of July, 2016 by and between Discov- ery Science Center of Orange County, a California 501(c)(3) non-profit organization, (hereinafter "DSC"), and the City of Santa Ana, a charter city and municipal corporation organized and existing un- der the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. City is the recipient of CalRecycle grant funds from the California Department of Re- sources Recycling and Recovery, to provide recycling education and programming to residents of Santa Ana (hereinafter "Grant Funds"). B. The City would like to utilize Grant Funds to provide funding to the DSC for its Santa Ana Waste Free Days recycling education program for children. C. DSC is an approved recipient of Grant Funds for its Eco Challenge exhibit, and, the Santa Ana Waste Free Days Program (hereinafter "Program") will provide recycling ed- ucation through exciting hands-on programming, D. City desires to engage DSC to provide the Program. E. DSC represents that it is qualified and willing to provide said educational programming. 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. DSC'S OBLIGATIONS DSC shall provide its'Santa Ana Waste Free Days' recycling education program, as set forth in "Exhibit A," attached hereto and incorporated by this reference. a. DSC agrees to use all grant funds received from City pursuant to this Agreement exclu- sively to provide the "Santa Ana Waste Free Days" program ("Program"), as set fbrfh in "Exhibit A," attached hereto and, by this reference incorporated herein. b. All funds received by DSC from City pursuant to this Agreement shall be separately ac- counted for apart from any other funds of DSC, or of any principal or member of DSC. c. DSC shall keep records of all funds received from City under the terms and conditions of this Agreement. DSC agrees to keep monthly records of the number of Santa Ana residents participating in the Program. DSC shall submit quarterly reports within fifteen (15) days after the quarter is completed. Said quarterly report shall include monthly ac- counting of: i. Number of Santa Ana residents targeted for services, ii. Actual number of Santa Ana residents attending the Santa Ana Waste Free Days program, iii. Nwnber of guest surveys completed, iv. Number of Eco Challenge attendees on Santa Ana Waste Free Days, and V. Documentation of program components, including samples of printed materials d. Upon reasonable notice to DSC, City and/or its representatives shall have access for purposes of monitoring, auditing, and examining DSC's activities and performance, to books, documents and papers, and the right to examine records of DSC's subcontractors, bookkeepers and accountants, employees and participants in regard to said Program. City and/or its representatives shall also schedule on-site monitoring at its discretion. Nothing herein shall be construed to require access to any privileged or confidential in- formation as set forth in federal or state law. e, All accounting records and evidence pertaining to all costs of DSC and all documents related to this Agreement shall be kept available at DSO's office or place of business for the duration of the Agreement. Records which relate to costs and expenses of this Agreement to which City or any other governmental agency takes exception, shall be retained beyond the four (4) years until resolution or disposition of such appeals, litiga- tion, claims, or exceptions. £ Without prejudice to any other provisions of this Agreement, DSC shall, where applica- ble, maintain the confidential nature of information provided to it concerning partici- pants in accordance with the requirements of federal and state law. However, DSC shall submit to City or its representatives, all records requested, including audit, examina- tions, monitoring and verifications of reports submitted by DSC, costs incurred and ser- vices rendered hereunder. 2. CITY'S OBLIGATIONS Upon execution of this Agreement by DSC, City shall pay to DSC from CalRecycle grant funds, for the Santa Ana Waste Free Days Program, at the rate of $10,000 per month for DSC's provi- sion of one educational Program day per month, to a maximum aggregate payment of One Hundred Twenty Thousand Dollars ($120,000), annually, to be paid in quarterly installments. Payments shall be made to DSC quarterly in advance. However, City shall withhold quarterly payment if DSC fails to provide the quarterly reporting as required by Section l.c,, above, in conformance with this Agree- ment. 3. TERM This Agreement shall commence on the date first written above and terminate on July 4, 2017, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon it writing executed by the City Manager and City Attorney, for up to two (2) additional, one-year tenns. 4. INDEPENDENT CONTRACTOR DSC shall, during the entire terns of this Agreement, be construed to be an independent con- tractor and not an employee of the City. This Agreement is not intended nor shall it be constmed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which DSC performs the services which are the subject matter of this Agreement; however, the services to be provided by DSC shall be provided in a manner consistent with all applicable standards and regulations governing such services. DSC shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes for its employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, DSC shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. DSC shall maintain commercial general liabil- ity 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 DSO'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: sin- gle 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 pri- mary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b, Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if DSC 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, DSC 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 DSC pursuant to this section: (i.) DSC shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii.) Certificates of insurance shall be furnished to the City upon execution of this Agree- ment and shall be approved in forth 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. (iv.) Certificates and renewals shall be sent to Christy Kindig. d. If DSC 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 effect DSC's right to be paid for its time and materials expended prior to no- tification of termination. DSC 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 DSC 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 claims for property damage, which may arise from the direct or indirect operations of DSC or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which re- lates to the services described in this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the tetras 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, aris- ing from this Agreement. DSC further agrees to indemnify, hold harmless, and pay all costs for the de- fense 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. 7. CONFIDENTIALITY If DSC receives from the City inforriation which due to the nature of such information is rea- sonably understood to be confidential and/or proprietary, DSC agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than rea- sonable care. "Confidential Information" shall include all nonpublic information. Confidential infor- mation includes not only written information, but also information transferred orally, visually, elec- tronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the DSC disclosed in a publicly available source; (c) is in rightful possession of DSC without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by DSC without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE DSC 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. 9. NOTICE With the exception of insurance certificates and renewals covered by Section 5, above, any no- tice, 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 telefaesimile or other telegraphic communication in the manner pro- vided in this Section, to the following persons: To City: Cleric of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714- 647-6956 With courtesy copy to: Santa Ana Public Works Agency— Administrative Services City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647-5069 To DSC: Discovery Science Center of Orange County Mr. Joe Adams 2500 N. Main Street Santa Ana, California 92705 Fax 714-263-3927 A party may change its address by giving notice in writing to the other party, Thereafter, any commu- nication 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 to- lefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours af- ter 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 slid exclusive statement between the City and DSC, and supersedes any and all other agreements, oral or written, between the parties. In the event of a con- flict 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 DSC. The parties agree that any terms or conditions of any pur- chase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate DSC nor 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 are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of DSC, DSC may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any suoh assignment, transfer, delegation or subcontract without the, City's prior written con- sent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performned by City personnel or by other consultants retained by City, 12. TERMINATION A. This Agreement may be terminated on thirty (30) days' written notice by either party. In the event of such termination, DSC shall only be entitled to reimbursement for approved expenses incurred prior to the effective date of termination. B. This Agreement may be suspended or terminated by City upon five (5) days' written no- tice for violation by DSC of the terms and conditions of the this agreement or applicable State or Federal requirements. In the event of such suspension or termination, DSC shall only be entitled to reimbursement for approved expenses incurred up to the effective date of suspension or termination. 13. DISCRIMINATION DSC 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 ac- tivities. DSC affirms that it is an equal opportunity employer and shall comply with all applicable fed- eral, state and local laws and regulations, 14. JURISDICTION—VENUE This Agreement has been executed and delivered in the State of California and the validity, in- terpretation, 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 con- nection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES DSC shall, throughout the tern of this Agreement, maintain all necessary licenses, permits, ap- provals, 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. DSC shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions, Said inability shall be, cause for ternination of this Agreement. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terns of this Agreement, and shall in- demnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA �3yl li2✓ Maria D. Huizar David C 'azo Clerk of the Council City Manager APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: IV,n , /G- JOH M. FUNIC Assistant City Attorney RECOMMENDED FOR APPROVAL: 21 ----------- 141) Ail TRAD M USAVIPOUR Executive Director — PWA DISCOVERY SCIENCE CENTER OF ORANGE COUNTY: Me:yNai . _ It Tit c: Background Exhibit A Santa Ana Waste Free Days Program Scope s°mp+r DiscoveryCube° ORANGE COUNTY I P I IE NI I. B, T .Q.mb Beginning in 2013, Discovery Science Center of Orange County and the City of Santa Ana, Department of Public Works have partnered to bring Santa Ana Waste Free Day to the resi- dents of Santa Ana. Utilizing the Eco Challenge exhibit, DSCOC's world-class educational content and accompanied by stage shows and hands-on demonstrations, Santa Ana Waste Free Day engages resident visitors of all ages in a fun, interactive experience that teaches new behaviors. Program One day each month, DSCOC will welcome Santa Ana residents free of charge and implement a range of programs, activities, and guest incentives focused on the promotion of positive re- cycling and waste disposal habits. As a national leader in science education outreach, and as the home of the award-winning Eco Challenge exhibit, DSCOC possesses a blend of resources that present a unique opportunity for the City of Santa Ana and its residents. DSCOC will deliver the following program elements that will make Santa Ana Waste Free Days an immersive educational experience for all ages: ✓ Our Eco Challenge "Minute to Win It" interactive audience show will run in our Sun Stage theater regularly during the day ✓ Our Eco Challenge "Jeopardy" multi -media game show will run at regular intervals in our 4D Theater ✓ In the Eco Challenge exhibit area, our Education team will present a special table -top demonstration focused on a key aspect of the science behind Reduce, Reuse & Recycle ✓ Each Santa Ana resident guest will be provided with a program containing: ✓ A schedule of shows, demonstrations and other activities ✓ A guest survey providing an opportunity to gauge learning, complete with a prize drawing to incentivize completion ✓ Recycling and waste disposal information from the City In addition, DSCOC will provide the City with attendance figures for each Waste Free Day, survey results and copies of the printed material on a quarterly basis. Based on our attendance projections for the coming year and the programming enhancements listed above, DSCOC intends to reach over 9,000 Santa Ana residents through this program each year. Total annual cost of the program including programming, and reporting is $120,000. 271069 AC R& CERTIFICATE OF LIABILITY INSURANCE DAT4/6/2016 YYYI 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(les) 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 Commercial Lines - (818) 464-9300 Wells Fargo Insurance Services USA, Inc. - CA Lic#: OD08408 15303 Ventura Boulevard, 7th Floor Sherman Oaks, CA 91403-3197 - CONTACT Catherine Cory ______ PHONE FAX Alc p.EXt); 818-464-9458 _ AIC Net 866-9_6_8-5687 E-MAIL ADDRESS: catherine.cory@wellsfargo.com _ _ INSURER(S AFFORDING COVERAGE NAIC 6_ _ _ INSURERA: Philadelphia Indemnity Insurance Company 18058 INSURED Discovery Science Center of Orange County 2500 North Main Street Santa Ana, CA 92705 INSURERS: Employers Assurance Company 25402 _ _ INSURER C ---- --- ---- INS_U_RER D _ — --- INSURER E, $ 20,000 INSURER F _..... _.— _- PERSONAL &ADV INJURY COVERAGES CERTIFICATE NUMBER: 10353975 RRVIF,1f1N NIINIRFR• Rcc hcirnm 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, SNSR LTR TYPE OF INSURANCE pDbL SUBR POLICY NUMBER MM OIOIYYYY MMIDD YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR X PHPK1432448 12115/2015 12/15/2016 A $__ 1,Ooo,oa9 DAMAGETOaEff-T PREMISESIEocurrcel_—$ 1,000,000 MEL) EXP (Any one person) $ 20,000 _..... _.— _- PERSONAL &ADV INJURY $ 1,000,000 GENT X AGGREGATE LIMIT APPLIES PER: PRO - POLICYF_ JECT LOC OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMPIO_P AGO $ 2,000,000 Sexual AhuselMoleslation $ Included A AUTOMOBILE LIABILITY AUTO _ ALL OWNED SCHEDULEDBODILY AUTOS AUTOS X NONOWNED AUTOS PHPK1432448 12/15/2015 12/15/2016 COMBNEDSI GLEUMIT eccitlent $ 1,000,000Ee BODILY INJURY(Per person) $ IxANY INJURY Per accident ( )HIREDAUTOS $ __ PROPERTYDAMAGE Per accident $ -- A x I UMBRELLA LIAB EXCESS LIAB - X_ OCCUR CLAIMS -MADE PHUB524655 12/15/2015 12/15/2016 EACH OCCURRENCE $ 10,000.000___ AGGREGATE _ $ 10,000,000 DED RETENTION$ $ B WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE � OFFICERIMEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTIONOFOPERATIONSbeioW N I A EG1453813-04 04/01/16 04/01/17 PER oTH- X_.,STATUTE E.L. EACH ACCIDENT $ 1,000,000 E . DISEASE - EA EMPLOYEE _ _ $ 1,000,000 -- E.L. DISEASE -POLICY LIMIT — $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be aaached If more apace is required) The City of Santa Ana is included as Additional Insured for General Liability as required by written contract. J City of Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Public Works Agency, M-21 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza P O Box 1988 AUTHORIZED REPRESENTATIVE Santa Ana CA 92702 Q dPn A e The ACORD name and logo are registered marks of ACORD ©1080-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) 111111111111111111111111111111111111111111II 1111111111 II 111111111111111111111 POLICY NUMBER: PHPK1432448 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED — DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organizatlan(s): City of Santa Ana Public Works Agency, M-21 20 Civic Center Plaza P O Box 1988 A. Section If — 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: 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 not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 26 04 13 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 applicable Limits of Declarations. © Insurance Services Office, Inc., 2012 shall not increase the Insurance shown in the Page 1 of 1 (e5- per,-) 271069 ,4�o�rcv� CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 12/20/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed, If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Ronald Rodriguez Commercial Lines - 213-253-6700 PHONE 818-447-2014 FAX 866 968 5687 A/C No Ext :AIC No Wells Fargo Insurance Services, Inc. - CA Lic#: OD08408 E-MAIL ADDRESS: ron.rodri uez@wellsfar o.com 333 S. Grand DAMAGE TO RENTED _ INSURER(S)AFFORDING COVERAGE NAIC # Los Angeles, CA 90071 INSURERA: Philadelphia Indemnity Insurance Company 18058 INSURED INSURER B: Employers Assurance Company 25402 Discovery Science Center of Orange County PREMISES Eauc.urren.- —.._....1..-,-0--0-0,00-0 ------.------ - ---.... INSURER C 2500 North Main Street INSURER D: S 5,000 Santa Ana, CA 92705 PERSONAL & ADV INJURY S 1,000,000 INSURER E: -__.....-_--- ---- INSURER F: COVERAGES CERTIFICATE NUMBER: 11200594 RFVISIr'1N NI IMRFR- S,aa hPln- 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 AD SUER POLICY EFF POLICY EXP LTR TYPE OF INSURANCE I D WVD POLICY NUMBER MMIDDIYYYY MM/DDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY __.... X PHPK1590101 12/15/2016 7/1/2018 EACH OCCURRENCES 1,000,000 DAMAGE TO RENTED - -- -------- CLAIMS -MADE OCCUR PREMISES Eauc.urren.- —.._....1..-,-0--0-0,00-0 ------.------ - ---.... MED EXP (Any one person) S 5,000 PERSONAL & ADV INJURY S 1,000,000 ATLIMIT PER GENERAL AGGREGATE----- 2,000,000 XEN , POOLICY❑ LOC PRODUCTS - COMP/OP AGG ..---- —CS-------...__--- ._---- ... 2,000,000 Sexual Abuse/Molestation -- - S Included A AUTOMOBILE LIABILITY PHPK1590101 12/15/2016 7/1/201$ EaaBcdeDf51NGLELIMIT g 1,000,000) X ANY AUTO BODILY INJURY (Per person) ----------1�--------------- ! S OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident ( ) I S X HIRED X� NON -OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per a.o dent)j S $ A X UMBRELLA X ( f OCCUR PHUB567098 12/15/2016 7/1/2018 EACH OCCURRENCE 11,000,000 EXCESS LIAB ! ,CLAIMS -MADE AGGREGATE S 11,000,000 � DED RETENTIONS —.... S B B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY EIG1453813-04 04/01/16 04/01/17 PER OTH- X STATUTE ER H- Y / N E.L. EACH ACCIDENT ----- S 1,000,000 OFFICER/MEMBER EXCLUDED? N/A E.L. DISEASE - EA EMPLOYEE S 1,000,000 (Mandatory in NH) If yes, describe under E.L. DISEASE - POLICY LIMIT j S 1,000,000 DESCRIPTION OF OPERATIONS below � I I i DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) The City of Santa Ana is included as Additional Insured for General Liability as required by written contract. �REVPi EUNICE HEREDIA (PG { OF _J._... _.___._:._J City of Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Public Works Agency, M-21 ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza P O Box 1988 AUTHORIZED REPRESENTATIVE Santa Ana CA 92702` I ne AGuKii name and logo are registered marks of ACORD O 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) POLICY NUMBER: PHPK1590101 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 31 Z43101 • 241611tey-1 24 11� 0 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): City of Santa Ana Public Works Agency, M-21 20 Civic Center Plaza P 0 Box 1988 J_Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section 11 — 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: 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 not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 26 04 13 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, (D Insurance Services Office, Inc., 2012 Page I of I REV.[-EWE.,D,., E (J MC E FIE RE D