HomeMy WebLinkAboutIRVINE UNIFIED SCHOOL DISTRICT (CULVERDALE ELEMENTARY)City of Santa Ana
Clerk of the Council
AGREEMENT TERMINATION FORM
Please complete this form in its entirety when the attached agreement and all i
amendments (if any) are no longer in effect. 2020 FEB _6 PM Li: 23
Note: If your agreement is grant related, please ensure that all grant retention requirements
have been satisfied prior to signing the termination form. CITY OF SAWA ANA
Is the agreement(s)apermanent record? Yes _ No CLERK OF COUNCIL
I
Return form to the Clerk of the Council Office (M-30). I
Call 647-1520 if you have any questions.
The agreement with
No. N-2019-072 was completed on
(List all amendments. Use space below if needed.)
Revised: 10-18-16
Only
,30/1 and final payment has been made.
Department: PRC5111
Phone/Ext.: y►�
Signature:
Date: Io10
N-2019-072
MAY +101 2019
Q�.. ®`,'o k) INDEPENDENT CONTRACTOR AGREEMENT
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This AGREEMENT is hereby entered into this 18 day of March, 2{)19 between the Irvine
Unified School District (Culverdale Elementary), hereinafter referred to as "DISTRICT," and City
of Santa Ana, PO Box 1964 M13, Santa Ana, CA 92702, hereinafter referred to as
"CONTRACTOR."
WHEREAS. DISTRICT is authorized by Section 53060 of the California Government
Code to contract with and employ any persons for the furnishing of special Services and advice in
financial, economic, accounting, engineering, legal or administrative matters, if such persons are
specially trained and experienced and competent to perform the special Services required;
WHEREAS, DISTRICT is in need of such special services and advice; and
WHEREAS, CONTRACTOR is specially trained and experienced and competent to
perform the special Services required by the DISTRICT, and such services are needed on a limited
basis;
NOW, THEREFORE., the parties agree as follows:
I . Services to be provided by Contractor. CONTRACTOR shall provide three (3) live
animal education program presentations on each day utilizing CONTRACRTOR's Zoomobile for
the 2"s grade topic: Classification & Scientific Method; these education programs line up with
NGSS content standards, hereinafter referred to as "Services". Additional details outlined in
Appendix A, attached hereto.
2. Term. CONTRACTOR shall commence providing Services under this
AGREENIENTon April April 30„ 2019.
3. Compensation DISTRICT agrees to pay the CONTRACTOR for Services
satisfactorily rendered pursuant to this AGREEMENT a total fee not to exceed Two Hundred
Seventy Dollars ($270.00). DISTRICT shall pay CONTRACTOR on the day of the event.
4. Expenses. DISTRICT shall not be liable to CONTRACTOR for any costs or
expenses paid or incurred by CONTRACTOR in performing Services for DISTRICT.
5. Independent Contractor. CONTRACTOR, in the performance of the Services
pursuant to this AGREEMENT, shall be and act as an independent contractor. CONTRACTOR
understands and agrees that it and all of its employees shall not be considered officers, employees
or agents of the DISTRICT, and are not entitled to benefits of any kind or nature normally provided
employees of the DISTRICT and/or to which DISTRICT's employees are normally entitled,
including, but not limited to, State Unemployment Compensation or Workers' Compensation.
CONTRACTOR assumes the full responsibility for the acts and/or omissions of its employees or
agents as they relate to the Services to be provided under this AGREEMENT. CONTRACTOR
shall assume full responsibility for payment of all federal, state and local taxes or contributions,
including unemployment insurance, social security and income taxes with respect to
CONTRACTOR's employees.
Irvine Unified School District ' Rev_ Gtiota
Independent. Contractor Agreement
6. Materials CONTRACTOR shall furnish, at its own expense, all labor, materials,
equipment, supplies and other items necessary to complete the Services to be provided pursuant to
this AGREEMENT. CONTRACTOR'S Services will be performed in accordance with generally
and currently accepted principles and practices of its profession.
7. Orin=inality of Services/Intellectual Property CONTRACTOR agrees that all ideas,
technologies, formulae, procedures, processes and methods prepared for and submitted by
CONTRACTOR to the DISTRICT in connection with the Services set forth in this AGREEMENT,
shall be wholly original to CONTRACTOR and shall not be copied in whole or in part from any
other source, except that submitted to CONTRACTOR by DISTRICT as a basis for such Services.
8. Termination. DISTRICT may, at any time, with or without reason, terminate this
AGREEMENT and compensate CONTRACTOR only for Services satisfactorily rendered to the
date of termination. Written notice by DISTRICT shall be sufficient to stop further performance
of Services by CONTRACTOR. Notice shall be deemed given when received by the
CONTRACTOR or no later than three (3) days after the day of mailing, whichever is sooner.
DISTRICT may terminate this AGREEMENT upon giving of written notice of intention
to terminate for cause. Cause shall include: (a) material violation of this AGREEMENT by the
CONTRACTOR: or (b) any act by CONTRACTOR exposing the DISTRICT to liability to others
for personal injury or property damage; or (c) CONTRACTOR is adjudged a bankrupt,
CONTRACTOR makes a general assignment for the benefit of creditors or a receiver is appointed
on account of CONTRACTOR's insolvency. Written notice by DISTRICT shall contain the
reasons for such intention to terminate and unless within ten (10) days after service of such notice
the condition or violation shall cease, or satisfactory arrangements for the correction thereof be
made, this AGREEMENT shall upon the expiration of the ten (10) days cease and terminate. In
the event of such termination, the DISTRICT may secure the required Services from another
contractor. If the cost to the DISTRICT to secure the required Services from another contractor
exceeds the cost of providing the Services pursuant to this AGREEMENT, the excess cost shall
be charged to and collected from the CONTRACTOR. The foregoing provisions are in addition
to and not a limitation of any other rights or remedies available to DISTRICT. Written notice by
DISTRICT shall be deemed given when received by the CONTRACTOR, or no later than three
(3) days after the day of mailing, whichever is sooner.
9. field harmless CONTRACTOR agrees to and does hereby indemnify, hold
harmless and defend the DISTRICT and its governing board, officers, employees and agents from
every claim or demand made and every liability, loss, damage or expense, of any nature
whatsoever, which may be incurred by reason of:
(a) Liability for damages for: (1) death or bodily injury to person: (2) injury to,
loss or theft of property; or (3) any other loss, damage or expense arising out of (1) or (2)
above, sustained by the CONTRACTOR or any person, firm or corporation employed by
the CONTRACTOR, either directly or by independent contract, upon or in connection with
the Services called for in this AGREEMENT, however caused, except for liability for
damages referred to above which result from the sole negligence or willful misconduct of
tine DISTRICT or its officers, employees or agents.
Irvine Unified School District — Rev onais
Independent Contractor Agreement
(b) Any injury to or death of any person(s), including the DISTRICT's officers,
employees and agents, or damage to or loss of any property caused by any act, neglect,
default, or omission of the CONTRACTOR, or any person, firm or corporation employed
by the CONTRACTOR, either directly or by independent contract, arising out of or in any
way connected with, the Services covered by this AGREEMENT, whether said injury or
damage occurs either on or off DISTRICT's property, except for liability for damages
which result from the sole negligence or willful misconduct of the DISTRICT or its
officers. employees or agents.
(c) Any liability for damages which may arise from the furnishing or use ofany
copyrighted or uncopyrighted matter or patented or unpatented invention under this
AGREEMENT.
10. Insurance. CONTRACTOR shall insure CONTRACTOR's activities in connection
with the Services under this AGREEMENT and agrees to carry insurance to ensure
CONTRACTOR's ability to adhere to the indemnification requirements under this
AGREEMENT.
10.1 CONTRACTOR shall, at CONTRACTOR's sole cost and expense,
maintain in full force and effect the following insurance coverages from a
California licensed insurer with an A, VIII, or better rating from A.M. Best
or an approved self-insurance program, sufficient to cover any claims,
damages, liabilities, costs and expenses (including attorney fees) arising out
of or in connection with CONTRACTOR's fulfillment of the obligations
under this AGREEMENT:
a. Comprehensive or Commercial General Liability Insurance,
including bodily injury, property damage and contractual liability with
minimum limits set by the DISTRICT.
(1) General Aggregate $2,000,000
(2) Each Occurrence $1,000,000
(3) Products/Completed Operations $1,000,000
(4) Personal and Advertising Injury $1,000,000
(5) Damage to Rented Premises $50,000
(6) Medical Expense (any one person) $5,000
The policy may not contain an exclusion for coverage of claims
arising from claims for sexual molestation or abuse. This policy shall
include or be endorsed to include abuse and molestation coverage of at least
$1,000,000 for each occurrence.
b. Umbrella (excess) liability insurance coverage with a limit of
$3,000,000, unless waived by the DISTRICT. The policy may not contain
an exclusion for sexual molestation or abuse coverage.
C. Business Automobile Liability Insurance for owned, scheduled,
non -owned, or hired automobiles with a combined single limit not less than
Irvine Unified School District ' Rev_ 6,2018
Independent Contractor Agreement
$t,000,000 per occurrence. (Required only if the CONTRACTOR drives
wu behalfof the DISTRICT in the course ofperforming Services.)
d. Professional Liability Insurance with a limit of $1,000,000 per
occurrence, unless waived by the DISTRICT.
e. Workers' Compensation and Employers Liability Insurance in a
form and amount covering CONTRACTOR's full liability under the
California Workers' Compensation Insurance and Safety Act and in
accordance with applicable state and federal laws. The policy shall be
endorsed with the insurer's waiver of rights of subrogation against the
DISTRICT.
It should be expressly understood, however, that the coverage and limits
referred to under a., b., c., and d, above shall not in any way limit the liability
of the CONTRACTOR.
10.2 No later than ten (10) days from execution of this AGREEMENT by the
DISTRICT and CONTRACTOR, and prior to commencing the Services
under this AGREEMENT, CONTRACTOR shall provide DISTRICT with
certificates of insurance evidencing all coverages and endorsements
required hereunder.
CONTRACTOR shall provide prior written notice to the DISTRICT thirty
(30) days in advance of any non -renewal, cancellation, or modification of
the required insurance. The certificates of insurance providing the
coverages referred to in clauses (a) and (b) above shall name DISTRICT,
its Governing Board, officers, and employees, as additional insureds with
appropriate endorsements. In addition, the certificates of insurance shall
include a provision stating "Such insurance as is afforded by this policy
shall be primary, and any insurance carried by DISTRICT shall be excess
and noncontributory." Failure to maintain the above mentioned insurance
coverages shall be cause for termination of this AGREEMENT.
II. Assignment. The obligations of the CONTRACTOR pursuant to this
AGREEMENT shall not be assigned by the CONTRACTOR.
12. Compliance With Applicable Laws. The Services completed herein must meet the
approval of the DISTRICT and shall be subject to the DISTRICT's general right, of inspection to
secure the satisfactory completion thereof, CONTRACTOR agrees to comply with all federal,
state and local laws, rules, regulations and ordinances that are now or may in the future become
applicable to CONTRACTOR. C'ONTRACTOR's business, the Services, equipment and
personnel engaged in Services covered by this AGREEMENT or accruing out of the performance
of such Services.
12. I Fingerprinting. Education Code section dS 125.1 requires that employees of
a Contractor providing certain services to school districts must be
fingerprinted by the California Department of Justice for a criminal records
Irvine Cnified School District `' Rev. srzo#N
Independent Contractor Agree inent
check. unless the District determines that the Contractor and/or Contractor's
employees will have limited or no contact with District's students, In
making this determination, the District will consider the totality of the
circumstances. If the District has determined that fingerprinting is required,
whether or not the Services are one of those listed in Section 45125.1, the
Contractor expressly agrees that Contractor and all of Contractor's current
and subsequent employees will submit or have submitted fingerprints in a
manner required by the California Department of Justice, as set forth in
Education Code section 45125.L Contractor and/or Contractor's Current
and subsequent employees shall not come in contact with students until the
Department of Justice has ascertained that the Contractor and/or
Contractor's employees have not been convicted of a serious or violent
felony. Contractor shall certify in writing to the District that none of its
employees who may come in contact with students have been convicted of
a serious or violent felony; and shall provide to the District a list of names
of its employees who may come in contact with students. Contractor shall
fulfill these requirements at its own expense. The District may require the
Contractorand its current and subsequent employees to submit to additional
criminal records checks at the District's sole and absolute discretion.
The Services and scope of work defined in this Agreement
will ❑
will not L9
require the CONTRACTOR to submit to fingerprinting.
CONTRACTOR's Initials:
13. Permits/Licenses. CONTRACTOR and all CONTRACTOR's employees or agents
shall secure and maintain in force such permits and licenses as are required by law in connection
with the furnishing of Services pursuant to this AGREEMENT.
Id. Employment with Public Agency. CONTRACTOR, if an employee of another
public agency, agrees that CONTRACTOR will not receive salary or remuneration, other than
vacation pay, as an employee of another public agency for the actual time in which Services are
actually being performed pursuant to this AGREEMENT.
15. Entire Agreement/Amendment. This AGREEMENT and any exhibits attached
hereto constitute the entire AGREEMENT among the parties to it and supersedes any prior or
contemporaneous understanding or AGREEMENT with respect to the Services contemplated, and
may be amended only by a written amendment executed by both parties to the AGREEMENT.
This AGREEMENT incorporates by this reference, any exhibits, which are attached hereto and
incorporated herein.
16. Nondiscrimination. CONTRACTOR agrees that it will not engage in unlawful
discrimination in employment of persons because of race, ethnicity, religion, nationality,
disability, gender, sex, marital status, age, or other characteristics protected by federal or state laws
of such persons.
Irvine Unified School District 5 Rev_ 6 2019
Independent Contractor Agreement
17, Non Waiver. The failure of DISTRICT or CONTRACTOR to seek redress for
violation of, or to insist upon, the strict performance of any term or condition of this
AGREEMENT, shall not be deemed a waiver by that party of such term or condition, or prevent a
subsequent similar act from again constituting a violation of such term or condition.
IS. Notice All notices or demands to be given under this AGREEMENT by either
party to the other shall be in writing and given either by: (a) personal service or fb) by U.S. Mail,
mailed either by registered or certified mail, return receipt requested, with postage prepaid.
Service shall be considered given when received if personally served or if mailed on the third day
after deposit in any U.S. Post Office, The address to which notices or demands may be given by
either parkmay be changed by written notice given in accordance with the notice provisions of
this section. At the date of this AGREEMENT, the addresses of the parties are as follows:
District: Contractor:
Irvine Unified School District City of Santa Ana
5050 Barranca Parkway PO Box 1964 M13
Irvine, CA 92604 Santa Ana, CA 92702
Attn: Asst. Superintendent, Business Services Attn: Teresa Ifernandez
19. Severability. if any term, condition or provision of this AGREEMENT is held by
a court of competentjurisdiction to be invalid, void, or unenforceable, the remaining provisions
will nevertheless continue in full force and effect, and shall not be affected, impaired or invalidated
in any way.
20, Attorney Fees/Costs. Should litigation be necessary to enforce any terms or
provisions of this AGREEMENT, then each party shall bear its own litigation and collection
expenses, witness fees, court costs, and attorneys' Fees.
2 L Headings. The headings contained in this AGREEMENT are provided exetusively
for reference and the convenience ofthe Parties. No legal significance of any type shall be attached
to the headings.
22. Countetgarts. This AGREEMENT may be signed and delivered in two (2)
counterparts, each of which, when so signed and delivered, shall be an original, but such
counterparts together shall constitute the one instrument that is the AGREEMENT, and the
AGREEMENT shall not be binding on any party until all Parties have signed it.
23. Authorized Signatures. The individual signing this AGREEMENT warrants that
he/site is authorized to do so. The Parties understand and agree that a breach of this warranty shall
constitute a breach of the AGREEMENT and shall entitle the non -breaching party to all
appropriate legal and equitable remedies against the breaching party.
24, Governing Law. The terms and conditions of this AGREEMENT shall be governed
by the laws of the State of California with venue in Orange County, California. This
AGREEMENT is made in and shall be performed in Orange County, California.
25. Exhibits This AGREEMENT incorporates by this reference, any exhibits, which
are attached hereto and incorporated herein, if applicable.
Irvine Unified School District 6 Rev. 8:201A
Independent Contractor Agreernent
This AGREEMENT is entered into this 18 day ol'March, 2019.
IRVINE UNIF
By:
iu r endent, Business Services
r<ecl ICF,SI� rep. rxdl sigrr fiir !UYD)
Approve&Vig p,0. b,(.611 ptYi
CONTRACTOR
AT"PEST
APPROVED AS TO FORM:
LAURA ROSSINI
Senior Assistant City Attorney
Irvine l nified School District
Independent Contractor Agreement
CITY OF SANTA ANA
STEVEN MENDOZA
Acting City Manager
APPROVED AS TO C EN'r:
t
L RUDLOFF
E3eetl[ive Director Parks, Recreation &
C tmrnunity Services
Rev 612.1113
APPENDIX A
City of Santa Ana Zoomohile Confirmation and Invoice, attached hereto.
Irvine unified School District ° Rev, 6t2m
Independent Contractor ,Agreement
Sepminber 6, 2018
Attn: Andrea Lee
Culverdale Elementary
2 Paseo Westpark
Irvine, CA 92614
949-936-5600
Santa Ana Zoomobile Confirmation and Invoice
Please check the following information for accuracy.
Program details: Tuesday April 30, 2019 (2n0 grade)
3 Presentations 10:30-11:30, 11,30-12,30, & 12 30-1:30
Maximum 30 Students per presentation.
Notes 2r' grade topic: Classification & Scientific Method.
Payment: A check payable to the Cit of Santa Ana for $270.00 is due on or before
presentation day. Mailed checks must be received before presentation day.
Attn. Terri in the Education Dept.
Santa Ana Zoo
1801 E. Chestnut Ave,
Santa Ana, CA 92701
Please also complete and mail/email the attached evaluation form to my attention, and help us
improve our programs.
Feel free to contact me with any questions or adjustments. I'm looking forward to the visit.
Sincerely,
in6c��
J�aec c7%2auss,�i
Terri Hernandez
Program Coordinator
Santa Ana Zoo
714-647-6562
Thernandez2:�isanta-ana.oro
100: No Chestnut Avknub u
Swam Ma, California 92101 x -
ITI3dd7Gi35
WwW SanYOOaaX90.aYv] 1 Upirz
(D
MAYOR
Miguel A. Police
MAYOR PRO TEM
Juan Villages
COUNCILMEMBERS
Cecilia Iglesias
David Penaloza
Roman Rayne
Vicente Sarmlento
Jose Solodo
HUMAN RESOURCES DEPARTMENT
Steven V. Pham JD, EMBA
Executive Director of 4uman Resources
20 Civic Center Plaza • P,O. Box 1988
Santa Ana, California 92702
(714)647-6340
vrvvw.santa- na.oro
February 14, 2019
Irvine Unified School District
Attn: Risk Management & Insurance
5050 Barranca Parkway
Irvine, CA 92607
SENT VIA EMAIL
Re: City of Santa Ana Zoo
Dear Irvine Unified School District,
ACTING CITY MANAGER
Steven A. Mendoza
CITY ATTORNEY
Sonia R. Carvalho
ACTING CLERK OF THE
COUNCIL
Norma Mitre -Ramirez
This certifies that the City of Santa Ana is self -insured for both Workers' Compensation and
General Liability coverages,
The City of Santa Ana is a member of Big Independent Cities Excess Pool (BICEP). Current
reinsurance and excess municipal liability is insured from $1,000,000 to $27,000,000 and includes
auto liability coverage, The City self -insures and funds the first $1,000,000 of claim payments.
The City is permissively self -insured for workers' compensation and self -administers this program
as well. The City, through BICEP, purchases excess statutory coverage through the California
State Association of Counties — Excess Insurance Authority (CSAC-EIA) above $1,000,000. The
City funds claim payments under $1,000,000,
Should you have any questions concerning the City of Santa Ana's insurance program, please
contact the Risk Management Division at (714) 647-5470.
Respectfully,
Deborah Scott-Leistra
Interim Risk Manager
DSL: fry
SAN"]A ANA CITY COUNCIL.
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CERTIFICATE OF COVERAGE 1
04/17/2019
PRODUCER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO
RIGHTS UPON THE CERTIFICATE HOLDER> THIS CERTIFICATE DOES NOT
Alliant Insurance Services, Inc. AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER COVERAGE AFFORDED
P.O. BOX 6450 BELOW. THIS CERTIFICATE OF COVERAGE DOES NOT CONSTITUTE A CONTRACT
BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,
NEWPORT BEACH, CA 92658-6450 AND THE CERTIFICATE HOLDER.
PH (949) 756-0271 / FAX (949) 756-2713 IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED and/or requesting a WAIVER
LICENSE NO. OC36861 OF SUBROGATION, the Memorandums of Coverage must be endorsed. A statement on this
certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
BIG INDEPENDENT CITIES EXCESS POOL MEMBER:
CITY OF SANTA ANA
ATTN: DEBBIE SCOTT-LEISTRA, INTERIM
RISK MANAGER
P.O. BOX 1988
SANTA ANA, CA 92702-1988
COMPANIES AFFORDING COVERAGE
COMPANY LETTER (A) BIG INDEPENDENT CITIES EXCESS POOL
COMPANY LETTER (B)
COMPANY LETTER (C)
COMPANY LETTER (D)
COMPANY LETTER (E)
THIS IS TO CERTIFY THAT THE MEMORANDUMS OF COVERAGE LISTED BELOW HAVE BEEN ISSUED TO THE MEMBER NAMED ABOVE FOR THE 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 COVERAGE AFFORDED BY THE MEMORANDUMS DESCRIBED HEREIN IS SUBJECT TO ALL THE
TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH MEMORANDUMS. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
TYPES
MEMORANDUM
MEMORANDUM
OR POLICY
MEMORANDUM
LTR
OF
COVERAGES
OR
POLICY NUMBER
EFFECTIVE
OR POLICY
EXPIRES
LIMIT
$2,000,000
EXCESS LIABILITY
BO-05
BODILY
LIMIT INCLUSIVE OF
A
OCCURRENCE FORM
INJURY
AND
$1 D,000
INCLUDING AUTOMOBILE
07/01/2018
07/01/2019
PROPERTY
SELF -INSURED RETENTION
LIABILITY
DAMAGE
AND
COMBINED
$1,000,000
BICEP POOL LAYER
DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLESIRESTRICTIONS/SPECIAL ITEMS:
AS RESPECTS SANTA ANA ZOOMOBILE EVENT AT CULVERDALE ELEMENTARY SCHOOL ON APRIL 30, 2019.
IRVINE UNIFIED SCHOOL DISTRICT, ITS GOVERNING BOARD, OFFICERS, AND EMPLOYEES ARE INCLUDED AS ADDITIONAL INSURED
SOLELY WITH RESPECT TO BODILY INJURY AND PROPERTY DAMAGE ARISING OUT OF OPERATIONS AS DESCRIBED BY OR ON BEHALF
OF THE NAMED INSURED, PER ATTACHED ENDORSEMENT.
COVERAGE IS PRIMARY AND NON-CONTRIBUTORY WITH RESPECT TO ANY INSURANCE CARRIED BY CERTIFICATE HOLDERS AS
REQUIRED BY CONTRACT PER ATTACHED ENDORSEMENT.
SUBJECT TO POLICY TERMS, CONDITIONS AND EXCLUSIONS.
5
IRVINE UNIFIED SCHOOL DISTRICT
ATTN: ASST, SUPERINTENDENT, BUSINESS SERVICES
5050 BARRANCA PARKWAY
IRVINE, CA 92604
CANCELLATION
SHOULD ANY OF THE
CANCELLED BEFORE
DELIVERED IN ACC(
PROVISIONS.
iR.MEMORANDUMS OF COVERAGES BE
N DATE THEREOF, NOTICE WIL BE
THE MEMORANDUMS OF COVERAGE
PIAI
THIS ENDORSEMENT DOES NOT CHANGE THE MEMORANDUM. PLEASE READ IT CAREFULLY.
ADDITIONAL COVERED PARTY - COVERED
INDEMNITY CONTRACT
This endorsement indentifies coverage provided Linder the following:
BICEP MASTER MEMORANDUM OF LIABILITY COVERAGE
The following wording can be found in Section II, Definitions:
6. COVERED PARTY -- means:
Any person or entity holding a certificate of coverage duly issued by BICEP, as limited
therein ("ADDITIONAL COVERED PARTY"). An ADDITIONAL COVERED
PARTY is not covered for claims arising from the ADDITIONAL COVERED
PARTY's sole negligence or for claims by another COVERED PARTY.
g. Any person, entity or organization to whom the COVERED PARTY is obligated by
virtue of a COVERED PARTY INDEMNITY CONTRACT to provide coverage solely
with respect to BODILY INJURY AND PROPERTY DAMAGE arising out of:
i. Premises leased, used or occupied by the COVERED PARTY
ii. AUTOMOBILES leased or rented by the COVERED PARTY
iii. Equipment owned, leased, rented, maintained or used by the COVERED
PARTY
iv. Mortgagees of the COVERED PARTY; or
v. Property owners and property managers of property owned, leased, rented or
occupied by the COVERED PARTY,
vi. However, these COVERED PARTY INDEMNITY CONTRACT coverages do
not apply to:
aa. An OCCURANCE which takes place prior to or after the COVERED
PARTY ceases to occupy the premise stated in the COVERED
INDEMNITY CONTRACT,
bb. Any structural alternation, new construction or demolition operations
performed by or on behalf of the COVERED PARTY
cc. Any PUBLIC ENTITY ERRORS AND OMISSIONS or E PLOYMENT
PRACTICES.
p _ y
h. The coverage set forth in subsection (g) immediately above & Ia e cry limits
of coverage within the terms of the COVERED INDEMNITY CO �r• the
LIMITS OF COVERAGE within this MEMORANDUM, which nd will
apply in excess to any underlying insurance or the COVF S SELF -
INSURED RETENTION. BICEP will not be obli�017 LIABILITY
greater than that provided by this MEMORANDUM.
712014 Ed BICEP MOC Attachment Page 1 of 1
THIS ENDORSEMENT DOES NOT CHANGE THE MEMORANDUM. PLEASE READ IT CAREFULLY.
ADDITIONAL COVERED PARTY - PRIMARY AND
NON-CONTRIBUTORY
This endorsement ind'entifies coverage provided under the following:
BICEP MASTER MEMORANDUM OF LIABILITY COVERAGE
The following wording can be found in SECTION VII -- CONDITIONS
20. Additional Covered Party:
If any primary insurance is held by the person(s), entity(ies), or organization(s) named by a
duly issued certificate as an ADDITIONAL COVERED PARTY, this insurance is primary
to that other insurance, but will apply in excess of the applicable COVERED PARTY's
SELF -INSURED RETENTION specified in the Declarations. BICEP shall not seek
contribution from the other insurance held by such ADDITIONAL COVERED PARTY for
amounts payable Linder this insurance.
This condition applies only with respect to liability for BODILY INJURY and PROPERTY
DAMAGE arising solely out of the negligent acts of the applicable COVERED PARTY,
and not with respect to any other liability.
This condition does not apply to a person(s), entity (ies) or organization(s) unless the
applicable COVERED PARTY had a specific written contract with that person(s), entity
(ies) or organization(s) that meets all of the following criteria:
a. The contract was duly approved by the MEMBER, and;
b. The contract requires that the person(s), entity(ies) or organization(s) be named as an
ADDITIONAL COVERED PARTY under this Memorandum, and;
c. The COVERED PARTY received the request for designation as an ADDITIONAL
COVERED PARTY before the date that the applicable COVERED PARTY
begin operations or performance under the contract, and;
d. The contract requires that this insurance be primary.
712014 Ed BICEP MOC Attachment Page 1 of 1
AAk 1hant
ALLIANT INSURANCE SERVICES, INC.
BIG INDEPENDENT CITIES EXCESS POOL (BICEP)
JULY 1, 2018 TO JULY 1, 2019
NAMED INSURED
MEMBER: City of Santa Ana
P.O. Box 1988
Santa Ana, CA 92702
EFFECTIVE DATE: 07/01/2018
NAMED INSURED:
City of Santa Ana, a Charter City and a Municipal Corporation duly organized and existing under the
constitution and laws of the State of California;
The Community Redevelopment Agency of the city of Santa Ana and the Successor Agency,
a public body, corporate and public
The Industrial Development Authority of the City of Santa Ana,
a public, corporate instrumentality of the State of California;
The Housing Authority of the City of Santa Ana,
a public body, corporate and public;
Santa Ana Financing Authority,
a joint powers agency;
Santa Ana Empowerment Corporation, Incorporated,_
a 501 (C) (3) entity created by the City Council;
Workforce Investment Board (WIB)
The Friends of Santa Ana Parks and Recreation Community Services,
a 501 (C) (3) Non -Profit
Santa Ana Police Athletic and Activity League (SAPAAL)
The Southland Economic Development Corporation,
a non-profit public benefit corporation
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