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HomeMy WebLinkAboutDISCOVERY SCIENCE CENTER OF ORANGE COUNTY (2)ON FILE, MPY PROCEED A-2020-236 PROVIDE RECYCLING EDUCATION PROGRAM S AGRE MENT is made and entered into this 17th day of November, 2020 by and between Discovery Science Center of Orange County, a California 501(c)(3) non-profit corporation ("DSC"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Consti- tution and laws of the State of California ("City"). RECITALS A. The DSC offers an educational program focusing on practical recycling and waste re- duction behaviors in the home, otherwise known as the Santa Ana Waste Free Days Program ("Program"). B. The Program engages visitors in a fun, interactive experience that teaches new behav- iors through exciting hands-on programming. C. The City has previously engaged, and again desires to engage, DSC to provide the Pro- gram for Santa Ana residents free of charge once per month. D. 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 the Program, as further described below and set forth in Exhibit A. a. DSC agrees to use all funds received from City pursuant to this Agreement exclusively to provide the Program, as set forth in Exhibit A, attached hereto and fully incorporated by this reference. 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 resi- dents participating in the Program. DSC shall submit quarterly reports within fifteen (15) days after the quarter is completed. Said quarterly report shall include monthly accounting 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. Number 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. Page 1 of 7 d. Upon reasonable notice to DSC, City and/or its representatives shall have access for pur- poses 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 regarding the 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 information as set forth in federal or state law. C. All accounting records and evidence pertaining to all costs of DSC and all documents related to this Agreement shall be kept available at DSC's office or place of business for the duration of the Agreement and three (3) years beyond. Without prejudice to any other provisions of this Agreement, DSC shall, where applica- ble, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and state law. However, DSC shall submit to City or its representatives, all records requested, including audit, examinations, moni- toring and verifications of reports submitted by DSC, costs incurred and services rendered hereunder. 2. COMPENSATION City shall pay to DSC for the Program $11,250.00 per month for DSC's provision of one Program day per month, for a maximum aggregate payment of One Hundred Thirty -Five Thousand Dollars ($135,000) annually, to be paid in biannual installments, as set forth in Exhibit A. City shall withhold payment if DSC fails to provide the quarterly reporting as required by Section Le., above, in conform- ance with this Agreement. The total amount to be expended under this Agreement, including any exten- sion periods, shall not exceed $675,000. 3. TERM This Agreement shall commence on January 1, 2021 and terminate on December 31, 2023, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended for two 1-year periods each upon mutual agreement of the parties. 4. INDEPENDENT CONTRACTOR DSC 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 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 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. Page 2 of 7 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 DSC'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, with $2,000,000 in the aggregate. Such in- surance shall (a) name the City, its officers, employees, agents, volunteers and representatives as addi- tional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance pro- grams maintained by the City, and (c) contain standard separation of insureds provisions. b. Worker's Compensation Insurance. In accordance with the provisions of California law, if DSC has any employees, DSC 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 Agreement and shall be approved in form by the City. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. iv. DSC shall supply City with a fully executed additional insured endorsement. d. If DSC fails or refuses to produce or maintain the insurance required by this section or fails or refuses to fumish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to terminate this Agreement. Such ter- mination shall not affect DSC's right to be paid for its time and materials expended prior to notification 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 Page 3 of 7 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 relates 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 terns 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. DSC 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. CONFIDENTIALITY If DSC receives from the City information 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 reason- able care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, 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 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, that would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 To DSC: Discovery Science Center of Orange County Mr. L. Joseph Adams Page 4 of 7 President/CEO 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 fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and DSC, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of DSC. 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 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 such assignment, transfer, delegation or subcontract without the City's prior written consent 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 performed by City personnel or by other consultants retained by City. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termina- tion. In such event, DSC shall be entitled to receive and the City shall pay DSC compensation for all services performed by DSC prior to receipt of such notice of termination, subject to the following con- ditions: a. As a condition of such payment, City may require DSC to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and DSC consents to the City's use thereof for such purposes as the City deems appropriate. Page 5 of 7 b. Payment need not be made for work that fails to meet the standard of performance spec- ified in the Recitals of this Agreement. 13. NONDISCRIMINATION DSC shall not discriminate because of race, color, creed, religion, sex, marital status, sexual ori- entation, 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 activi- ties or in connection with any activities under this Agreement. DSC affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION — VENUE This Agreement has been executed and delivered in the State of California and the validity, 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. WAIVER No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy shall be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 16. PROFESSIONAL LICENSES DSC shall, throughout the term 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 termination of this Agreement. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature below has the power, author- ity and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify 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. Page 6 of 7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Dais e Clerk of the(Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: 7g, -f.L John . Funk Assistant City Attorney RECOMMENDED FOR APPROVAL Nabil Saba Executive Director Public Works Agency Page 7 of 7 CITY OF SANTA ANA Kris ine Ridge City Manager DISCOVERY SCIENCE CENTER OF ORANGE COUNTY Name: Title: crj EXHIBIT A Santa Ana Waste Free Days Proposed Scope of Work Background DiscoveryCube' ORANGE COUNTY Since the doors opened in 2002 to what was then known as the Discovery Science Center, Santa Ana residents have received free admission on the first Tuesday of every month. Over nearly 20 years of operation, that has resulted in hundreds of thousands of local families being able to enjoy some of the most dazzling educational exhibits in the world, from Star Wars to Dora the Explorer. In 2013, Discovery Cube of Orange County (DCOC) and the City of Santa Ana Public Works Agency partnered to bring Santa Ana Waste Free Day to the residents of Santa Ana, re -brand- ing the traditional "free day" experience to place a focus on teaching practical recycling and waste -reduction behaviors in the home. Utilizing the Eco Challenge exhibit, DCOC's world - class educational content, and stage shows and hands-on demonstrations that bring scientific concepts to life, Santa Ana Waste Free Day engages resident visitors of all ages in a fun, interactive experience that teaches new behaviors. Scope of Work Waste Free Day On the first Tuesday of each month, DCOC will welcome Santa Ana residents free of charge and implement a range of programs, activities, and guest incentives focused on the promotion of positive recycling and waste disposal habits. As a national leader in science education outreach, and as the home of the award -winning Eco Challenge exhibit, DCOC possesses a blend of resources that present a unique opportunity for the City of Santa Ana and its residents. DCOC will deliver the following program elements that will make Santa Ana Waste Free Days an immersive educational experience for all ages: ✓ Our Eco Challenge enhanced interactive audience show will run in our Sun Stage thea- ter regularly during the day ✓ Our Eco Challenge "Jeopardy" style multi -media game show will run at regular intervals in our 4D Theater ✓ A new special interactive Eco presentation in our Planetary Research Station. ✓ New demonstrations in the Healthy Kitchen focusing on healthy living and reducing food waste, including composting ✓ 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 relevant to, and provided by, the City At the end of each six-month period, DCOC will provide the City with attendance figures for each Waste Free Day, survey results and any other data gathered as a result of the partnership. Cost for the entirety of the program will remain $135,000 annually and billed on a bi-annual basis. Discovery Cube is requesting the term of the program to be for three years. The years intended for service are: January 1, 2021 — December 31, 2021 January 1, 2022 — December 31, 2022 and January 1, 2023 — December 31, 2023 The suggested dates for 2021 are detailed below: • Tuesday, January 5 • Tuesday, February 2 • Tuesday, March 2 • Tuesday, April 6 • Tuesday, May 4 • Tuesday,June1 • Tuesday, July 6 • Tuesday, August 3 • Tuesday, September 7 • Tuesday, October 5 • Tuesday, November 2 • Tuesday, December 7 COVID Response Due to the restrictions that are in place due to the COVID-19 pandemic, DCOC is proposing utilizing various additional components to both make up for Waste Free Days that have not occurred, as well as to provide an option while the Cube is still closed. These options would let us immediately pivot back to regular programming as soon as it is safe to host Santa Ana families at Discovery Cube. The following are the additional components: Integration into Santa Ana Unified Afterschool Programming and Santa Ana Library Partnership DCOC is an operator of afterschool programming through Santa Ana Unified School District. Leveraging our partnerships, DCOC will create and administer waste education to all students that participate in the afterschool programming. DCOC will create at least one hour of program- ming per month that will align with the Next Generation Science Standards. These lessons will feature hands-on activities that students will be able to complete. Based on enrollment num- bers, DCOC anticipates reaching 2,100 students through this program. Students will receive multiple lessons, until normal Waste Free Day operations can be resumed. Students who par- ticipate in this will also receive book and programming recommendations from the Santa Ana Library system to continue their learning. World of Organics Game Access In partnership with Orange County Waste and Recycling, DCOC is developing an $800,000, multimedia game surrounding organics recycling. Originally developed for an exhibit at DCOC, we are now formatting the game to be playable on a computer or tablet. The World of Organics game features games and activities to help understand how to create enriched soil that helps retain moisture, suppresses plant disease and pests, and encourages healthy plant growth. Playing the competitive, fast -paced game will challenge guests to understand the process that takes place when composting, and how the production of beneficial bacteria and fungi break down organic matter. Asa part of the COVID response, DCOC will make the game available to all residents of Santa Ana. As an added benefit of Waste Free Day programming, DCOC will continue to make the game available to all residents once we shift back to normal operations. Social Media Partnership DCOC also proposes partnering with Santa Ana Public Works on a series of social media posts. These posts will serve to make Santa Ana residents aware of their access to the World of Organics game, as well as to promote properwaste diversion through activities and messaging campaigns. DCOC can target these social media posts to reach residents of the City only. We will utilize Facebook, Twitter and Instagram to get our messaging out. DCOC is proposing to do a minimum of 4 posts per month. Through these posts, DCOC will reach over 300,000 people per month with our messaging. These posts will continue until the traditional Waste Free Day can resume. Cost for COVID Response DCOC has worked to leverage as many partnerships and resources as possible in creating the COVID response for Santa Ana Waste Free Day. As such, this suite of programs is designed to provide a maximum amount of value for the same per -month price that is already set for Waste Free Day, while offering programming that makes up for the dates that have been missed. The intent is to seamlessly transition over to this programming quickly and efficiently. ALA L CERTIFICATE OF LIABILITY INSURANCE DATE (NsVD2D " 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, ANOTHE CERTIFICATE HOLDER. - - - IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcylies) 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 Ilou of such endorsement(a). PRODUCER 1CONTACT E Gaspar Insurance Services. Inc PMONE . Bt8-302.3060 F 23161 Ventura Blvd. Suite 100 AIIC ell. — Woodland Hills CA 91364 ADDRESS I INSURED DISCC Discovery Science Center Of Orange County dba Discovery Cube Orange County 2500 N Main Street Santa Ana CA 92705 CnVFw Ar Gq CFormIr ATC MIINAGC0.1v»b1en90a 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 ILTF TYPE OFINSURANCE A DLSUBR— POLICY EFF POLICYNUMBER SMDD POLICY E%P (--------------'---- DMRS h % COMMERCIAL GENERAL ABILITY Y v PHPN2157885 7/1/2020 7I712021 EACH OCCURRENCE $1,ODg000 I CLAIMS X DA GE T---"'"- ''. -MADE OCCUR PREMISES IEa CGNRanf-0I $ 100,000 MED EXP IAnyana Person, S5.000 i PERSONAL A AOV INJURY $1000.000 GENL AGGREGATE LIMIT APPLIES PER :GENERAL AGGREGATE 52.000.000 _ POLICY 11 jE�� X ; LOC PRODUCTS-COMPIOP AGG : S 2.000.000 �OTHEH I Serval Abusa/MdeMe Sinduded A AUTOMORBELLLBILRY 1 PHPN2153GG5 7/1/2020 7/112021 E�aHwN%utbL ELIMIT S1000, 000 X ANY AUTO BODILY INJURY leer pmwm OWNED SCHEDULED AUTOS ONLY AUTOS ---- '', BODILY INJURY (PBf Bre4enq. 5 _ X HIRED X NON -OWNED AUTOS ONLY ,� AUTOS ONLY I PROPERTY DAMAGE I en11 I Per amd S l S A X 1 UMSRELLAUAB X ! OCCUR Y Y PHUB729849 711/2020 —~_E%CESS 71712021 !_ EACH OCCURRENCE_ $5,000.000 LIAB _ _ CLgIMGAIADEI AGGREGATE i S5.000.D00 DELI X I RETENTIONS in nnn 5 a WORNERSCOMPENSAGON j UB-BP5D]99A 4r112020 411/2021 jX �R K 1 AND EMPLOYERS' LIABILITY YIN. STATUTE 1EROT1 ANYPROPRIETORIPARTNERIEXECUTIVE - i E.L EACH ACCIDENT IS7.000.000 OFHCER/MEMBEREXCWDED+ ❑ NIA UlrandatPry In NHl EL DISEASE EA EMPLOYEE $7,000,000 IrdBaV ba unn8' DIE Sl CRIPDON OF OPERARCN5 Celm E L DISEASE -POLICY LIMB $1,000.000 j DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (ACORD 141. Additional Remark. Scmduk, may be aeaeusd If mere apace la required) This policy Includes a Blanket Additional Insured Endorsement - the cenifcale holder Is an additional insured if required by written contract. Please refer to the attached endorsement. Certificate holder is named as additional insured as It relates to general liability DI accordance with the terms and conditions of the policy Umbrella follows form as it relates 10 addltlonal insureds. Certificate holder IS provided 10 days notice Of cancellation for non-payment of premium In accordance With the terms and conditions of the general liability policy. City of Santa Ana, officers. agents, employees, and volunteers are named as additionally Insured on this policy pursuant to written contract. agreement, or memorandum of understanding. Such insurance as Is afforded by this policy shall be primary, and any insurance tamed by City shall be excess and noncwnmbutory per attached forms. REVIEWED &r1PPR0 APPROVE OULD ANY OF THE A13OVE DESCRIBED POLICIES BE CANCELLED BEFORE ME of Santa Ana CILMI9Vt DIVI By Risk MANACORDANCE I(AOE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN WITH THE POLICY PROVISIONS, Risk Management Division 20 Civic Center Plaza. M-28 UTHORIZEOREPRESENTATNE PO Box 1988 JUL 2 9 2020 Santa Ana CA 92701 \>7 i r11Nlvcmvr 1%. Yu.LJ1ICCNL (01988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD PI-GLD-MK (03112) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY DELUXE ENDORSEMENT: CULTURAL INSTITUTIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE It is understood and agreed that the following extensions only apply In the event that no other specific coverage for the indicated loss exposure Is provided under this policy If such specific coverage applies. the terms. conditions and limits of that coverage are the sole and exclusive coverage applicable under this policy. unless otherwise noted on this endorsement The following is a summary of the Limits of Insurance and additional coverages provided by this endorsement. For complete details on specific coverages. consult the policy contract wording Coverage Applicable Extended Property Damage Limit of InsuranceT Included Non -Owned Watercraft Less than 58 feel Damage to Premises Rented to You S1.000,000 Personal and Advertising Injury - Televised or Videotaped PublicationMedical Included Payments $20.000 Medical Payments - Extended Reporting Period 3 years Athletic Activities Amended Supplementary Payments -Ball Bonds $5000 Supplementary Payment- Loss of Earnings 31.000 per dayEmployee Indemnification Defense Coverage $25.000 Additional Insured - Managers antl Supervisors (with FellowEmployee Coverage) Included Additional Insured - Broadened Named Insured Included 6 Additional Insured - Funding Source Included 5 Additional Insured - Managers. Landlords. or Lessors of Premises Included 5 Additional Insured - Lessor of Leased Equipment Included 5 Additional Insured -Vendor Included 6 Additional Insured - As Required by Contract Included 7 Additional Insured - State or Political Subdivisions Included 7 General Aggregate Per Location Included 7 Duties in the Event of Occurrence. Claim or Suit Included 7 Unintentional Failure to Disclose Hazards Included 8 Transfer of Rights of Recovery Against Others To Us Clarificatlon 8 Liberalization Included 8 Bodily Injury - includes Mental Anguish Included 8 Personal and Advertising Injury - includes Abuse of Process. Discrimination Included 8 REVIEWED & APPROVED By Risk M44acrMMJI pivision Page 1 of 9 Includes copyrighted material of Insurance Services Office, Inc., with permi4HAN J A 1 Q ® 2012 Philadelphia Indemnity Insurance Company LLAREAL PI-GLD-MK (03112) A. Extended Property Damage SECTION 1 — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY. Subsection 2. Exclusions, Paragraph a. is deleted in its entirety and replaced by the following: a. Expected or Intended Injury 'Bodily injury' or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury' or "property damage" resulting from the use of reasonable force to protect persons or property B. Non -Owned Watercraft SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph g. (2) is deleted in its entirety and replaced by the following (2) A watercraft you do not own that is. (a) Less than 58 feet long; and (b) Not being used to carry persons or property for a charge; This provision applies to any person, who with your consent, either uses or is responsible for the use of a watercraft This insurance is excess over any other valid and collectible insurance available to the insured whether primary, excess or contingent. C. Damage to Premises Rented to You 1. If damage by fire to premises rented to you is not otherwise excluded from this Coverage Part, the word "fire" is changed to "fire, lightning. explosion. smoke, or leakage from automatic fire protective systems" where it appears in. a. The last paragraph of SECTION 1 —COVERAGES. COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions. is deleted in its entirety and replaced by the following: Exclusions c. through n. do not apply to damage by fire. lightning, explosion, smoke, or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in SECTION III — LIMITS OF INSURANCE. b. SECTION III — LIMITS OF INSURANCE. Paragraph 6 is deleted in its entirety and replaced by the following Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage' to any one premises, while rented to you. or in the case of damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems while rented to you or temporarily occupied by you with permission of the owner. c. SECTION V — DEFINITIONS, Paragraph 9 a., is deleted in its entirety and replaced by the following. REVIEWED & APPROVED Page 2 of 9 By Risk MnNXrMtNT DIVISION Includes copyrighted material of Insurance Services Office, Inc., with permission- 2 n 9 © 2012 Philadelphia Indemnity Insurance Company a 020 HI ANCINE R. VILLAREAL PI-GLD-MK 103112) A contract for a lease of premises However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract` 2. SECTION IV —COMMERCIAL GENERAL LIABILITY CONDITIONS, Subsection 4. Other Insurance. Paragraph b. Excess Insurance. (1)(a)(fi) is deleted in its entirety and replaced by the following: That is insurance for fire, lightning, explosion, smoke, orleakage from automatic fire protective systems for premises rented to you or temporarily occupied by you with permission of owner: 3. The Damage To Premises Rented To You Limit section of the Declarations is amended to the greater of: a. $1.000.000: or b. The amount shown in the Declarations as the Damage to Premises Rented to You Limit. This Is the most we will pay for all damage proximately caused by the same event. whether such damage results from fire, lightning, explosion, smoke, or leaks from automatic fire protective systems or any combination thereof. D. Personal and Advertising Injury —Televised or Videotaped Publication 1. SECTION I —COVERAGES, COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY, Subsection 2. Exclusions, Paragraphs b. and c. are deleted in their entirety and replaced by the following: b. Material Published With Knowledge Of Falsity "Personal and advertising injury" arising out of oral, written, televised, or videotaped publication of material, if done by or at the direction of the insured with knowledge of Its falsity. c. Material Published Prior To Policy Period "Personal and advertising Injury" arising out of oral, written, televised, or videotaped publication of material whose first publication took place before the beginning of the policy period 2. SECTION V — DEFINITIONS. Paragraph 14. Is deleted in its entirely and replaced by the following "Personal and advertising injury" means Injury, including consequential "bodily injury", arising out of one or more of the following offenses. a. False arrest, detention or Imprisonment. b. Malicious prosecution. c. The wrongful eviction from, wrongful entry Into, or Invasion of the night of private occupancy of a room, dwelling or premises that a person occupies, committed by or on behalf of its owner, landlord or lessor. REVIEWED & APPROVED Page 3 of 9 By Risk MANXI[Mr.WI Divisio,\ Includes copyrighted material of Insurance Services Office, Inc., with permission. ® 2012 Philadelphia Indemnity Insurance Company 29 2020 H< NCINE t, VI I2EAL PI-GLD-MK (03/12) d. Oral, written, televised, or videotaped publication, in any manner, of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services', e. Oral, written, televised, or videotaped publication, in any manner, of material that violates a person's right of privacy: f. The use of another's advertising idea in your "advertisement' or g. Infringing upon another's copyright, trade dress. slogan, title, or slogan in your "advertisement." E. Medical Payments — Limit Increased to $20,000, Extended Reporting Period If COVERAGE C MEDICAL PAYMENTS is not otherwise excluded from this Coverage Part: 1. The Medical Expense Limit Is changed subject to all of the terms of SECTION III —LIMITS OF INSURANCE to the greater of a. $20,000: or b. The Medical Expense Limit shown in the Declarations of this Coverage Part. 2. SECTION I — COVERAGE. COVERAGE C MEDICAL PAYMENTS, Subsection 1. Insuring Agreement, a (3) (b) is deleted in its entirety and replaced by the following: (b) The expenses are incurred and reported to us within three years of the date of the accident. F. Athletic Activities SECTION I — COVERAGES. COVERAGE C MEDICAL PAYMENTS, Subsection 2. Exclusions. Paragraph e. Athletic Activities is deleted In Its entirely and replaced with the following e. Athletic Activities To a person injured while taking part in athletics. G. Supplementary Payments SECTION I — COVERAGES, SUPPLEMENTARY PAYMENTS — COVERAGE A AND B are amended as follows. 1. b. Is deleted in its entirety and replaced by the following. 1. b. Up to $5000 for cost of bail bonds required because of accidents at traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these. 1.d. is deleted in its entirety and replaced by the following 1. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", Including actual loss of earnings up to $1,000 a day because of time off from work. REVIEWED d APPROVE[` Page 4 of 9 By Risk M4NACEMmi Division Includes copyrighted material of Insurance Services Office, Inc, with permission. © 2012 Philadelphia Indemnity Insurance Company 9 C g 20 0 EHAP INE It. VIL REAL PI-GLD-MK (03/12) H. Employee Indemnification Defense Coverage SECTION I — COVERAGES, SUPPLEMENTARY PAYMENTS — COVERAGES A AND B the following is added: We will pay, on your behalf, defense costs incurred by an "employee' In a criminal proceeding occurring in the course of employment The most we will pay for any 'employee" who is alleged to be directly involved in a criminal proceeding is $25,000 regardless of the numbers of "employees." claims or "suits" brought or persons or organizations making claims or bringing "suits " 1. Additional Insureds SECTION II — WHO IS AN INSURED is amended as follows Each of the following is also an insured, 1. Managers and Supervisors — Your managers and supervisors are also insureds, but only with respect to their duties as your managers and supervisors. Managers and supervisors who are your "employees" are also insureds for "bodily injury" to a co -"employee" while in the course of his or her employment by your or performing duties related to the conduct of your business This provision does not change Item 2 a.(1)(a) as it applies to managers of a limited liability company 2. Broadened Named Insured — Any organization and subsidiary thereof which you control and actively manage on the effective date of this Coverage Part. However, coverage does not apply to any organization or subsidiary not named in the Declarations as Named Insured, if they are also insured under another similar policy, but for its termination or the exhaustion of its limits of insurance. 3. Funding Source — Any person or organization with respect to their liability arising out of: a. Their financial control of you: or b. 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 that person or organization. 4. Managers, Landlords, or Lessors of Premises —Any person or organization with respect to their liability arising out of the ownership, maintenance or use of that part of the premises leased or rented to you subject to the following additional exclusions This insurance does not apply to: a. Any "occurrence" which takes place after you cease to be a tenant in that premises: or b. Structural alterations, new construction or demolition operations performed by or on behalf of that person or organization. 5. Lessor of Leased Equipment — Automatic Status When Required in Lease Agreement With You — Any person or organization from whom you lease equipment whenou and such person or organization have agreed in writing in a contract or agreement that s4EVi E0 & APPROVED Page 5 of g By Risk MANAGEMPNI Division Includes copyrighted material of Insurance Services Office, Inc , with permission ® 2012 Philadelphia Indemnity Insurance Company A JUL 2 9 2020 67, hl AIVCI t W VIL REAL PI-GLD-MK (03/12) organization is to be added as an additional insured on your policy Such person or organization is an insured only with respect to liability for "bodily injury," "property damage or .personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. A persons or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence' which takes place after the equipment lease expires. 6. Vendors — Any person(s) or organization(s) (referred to below as vendor), 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: a. The insurance afforded the vendor does not apply to: (1) "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: (2) Any express warranty unauthorized by you: (3) Any physical or chemical change in the product made intentionally by the vendor, (4) 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. 16) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products: (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product: (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by orfor the vendor, or (8) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf However, this exclusion does not apply to (a) The exceptions contained in Sub -paragraphs (4) or (6). or (b) 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 b. 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. REVIEWED & APPROVEL, By RISk M4N4P,CMENT DM6 01% Page 6 of 9 Includes copyrighted material of Insurance Services Office, Inc., with per4tl(A i9 2 210 2012 Philadelphia Indemnity Insurance Company;INt It. vil IAt, PI-GLD-MK (03/12) 7. As Required by Contract - Any person or organization where required by a written contract executed prior to the occurrence of a loss Such person or organization is an additional insured for "bodily injury. "property damage" or "personal and advertising injury' but only for liability arising out of the negligence of the named insured The limits of insurance applicable to these additional insureds are the lesser of the policy limits or those limits specified In a contract or agreement These limits are included within and not in addition to the limits of insurance shown in the Declarations 8. State or Political Subdivisions - Any state or political subdivision as required, subject to the following provisions. a. This insurance applies only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit, and is required by contract. b. This insurance does not apply to. (1) 'Bodily injury,"'property damage" or "personal and advertising injury' arising out of operations performed for the state or municipality; or (2) 'Bodily injury" or "property damage' included within the "products -completed operations hazard." J. General Aggregate Per Location SECTION III - LIMITS OF INSURANCE, Paragraph 2. Is amended to include the following additional provision The General Aggregate Limit applies separately to each of your "locations" owned by or rented to you "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway. waterway or right-of-way of a railroad K. Duties in the Event of Occurrence, Claim or Suit SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 2. is amended as follows. Item a. is amended to include This condition applies only when the "occurrence" or offense is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership, or (3) An executive officer or insurance manager. if you are a corporation. Item b. is amended to include' This condition will not be considered breached unless the breach occurs after such claim or "suit" is known to (1) You, if you are an individual; (2) A partner, if you are a partnership, or REVIEWED & APPROVED By Risk MANAG[mmy DivisiON Page 7 of 9 9 Includes copyrighted material of Insurance Services Office, Inc., with permission. 2 02 ® 2012 Philadelphia Indemnity Insurance Company I-I<ANCINE It. VILLAREAL PI-GLD-MK (03112) (3) An executive officer or insurance manager if you are a corporation L. Unintentional Failure To Disclose Hazards SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, 6. Representations is amended to include the following It is agreed that, based on our reliance on your representations as to existing hazards, if you should unintentionally fail to disclose all such hazards prior to the beginning of the policy period of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure. M. Transfer of Rights of Recovery Against Others To Us SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, 8. Transfer of Rights of Recovery Against Others To Us is deleted in its entirety and replaced by the following If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us The insured must do nothing after loss to impair them At our request the insured will bring "suit" or transfer those rights to us and help us enforce them Therefore. the insured can waive the insurer's Rights of Recovery pr,or to the occurrence of a loss, provided the waiver is made in a written contract. N. Liberalization SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, is amended to include the following: If we revise this endorsement to provide more coverage without additional premium charge, we will automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state O. Bodily Injury — Mental Anguish SECTION V — DEFINITIONS, Paragraph 3. is deleted in its entirety and replaced by the following. Bodily injury' a. Means bodily injury. sickness or disease sustained by a person, and includes mental anguish resulting from any of these. and b. Except for mental anguish. includes death resulting from the foregoing (Item a. above) at any time. P. Personal and Advertising Injury — Abuse of Process, Discrimination If COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY COVERAGE is not otherwise excluded from this Coverage Part, the definition of "personal and advertising injury" is amended as follows: 1. SECTION V —DEFINITIONS Paragraph 14.b. is deleted in its entirety and replaced by the following b Malicious prosecution or abuse of process: 2. SECTION V— DEFINITIONS. Paragraph 14. is amended to include the followKVIEWED & APPROVED Page 6 of g By Risk MANACEMIANi Division Includes copyrighted material of Insurance Services Office, Inc., with permission ® 2012 Philadelphia Indemnity Insurance Company J 9 2020 1 EKAINt_INE K. VILLAREAL PI-GLD-MK (03112) Discrimination based on race, color, religion. sex, age or national origin, except when. a. Done intentionally by or at the direction of, or with the knowledge or consent of (1) Any insured. or (2) Any executive officer. director. stockholder, partner or member of the insured. b. Directly or indirectly related to the employment. former or prospective employment, termination of employment, or application for employment of any person or persons by an insured. c. Directly or Indirectly related to the sale, rental, lease or sublease or prospective sales, rental lease or sub -lease of any room, dwelling or premises by or at the direction of any insured; or d. Insurance for such discrimination is prohibited by or held in violation of law, public policy, legislation, court decision or administrative ruling The above does not apply to fines or penalties imposed because of discrimination. REVIEWED $ APPROVED By Risk MANAGEMENT DivisioN Page 9 of 9 Includes copyrighted material of Insurance Services Office, Inc., with permission r) g ® 2012 Philadelphia Indemnity Insurance Company � 4 H(Al UINt R. VILLAREAL PI-GL-005 (07/12) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARY AND NON-CONTRIBUTORY INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Effective Date: 07/01/2018 Name of Person or Organization (Additional Insured): Blanket where required by written contract. SECTION It — WHO IS AN INSURED is amended to include as an additional insured the person(s) or organizationts) shown in the endorsement Schedule, but only with respect to liability for "bodily injury,' "property damage' or "personal and advertising injury" arising out of or relating to your negligence in the performance of "your work" for such person(s) or organization(s) that occurs on or after the effective date shown in the endorsement Schedule. This insurance is primary to and non-contributory with any other insurance maintained by the person or organization (Additional Insured). except for loss resulting from the sole negligence of that person or organization This condition applies even if other valid and collectible insurance is available to the Additional Insured for a loss or "occurrence" we cover for this Additional Insured The Additional Insured's limits of insurance do not increase our limits of insurance, as described in SECTION III — LIMITS OF INSURANCE All other terms. conditions, and exclusions under the policy are applicable to this endorsement and remain unchanged. REVIEWED & APPROVED By Risk MANAOCA1r1N1 nlViSiON Page 1 of 1 I' Includes copyrighted material of Insurance Services Office, Inc., with its per 1 2 9 2021/l__. 2�P9� t-KANLANI: R. VILLAREAL Philadelphia Indemnity Insurance Company Additional Insured Schedule Policy Number: PHPK2006438 Additional Insured Huntington Beach City School District 17011 Beach Blvd Ste 560 Huntington Beach, CA 92647-7492 CG2026 - General Liability RE: Contract for teaching demonstrations AddWonal Insured City of Santa Ana Risk Management Division 20 Civic Center Plaza, M-28 PO Box 1988 Santa Ana, CA 92701-4058 CG2026 - General Liability REVIEWED & APPROVEL By Risk V1AN-%QEA1W OMSiON Page 6 of 6 JU.. _ L 29 �o�� f] hKAN IIIlbKE-RR..-VILLLA(NI:ALL PI-CANXAICH-002 (05/11) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY CANCELLATION NOTICE TO SCHEDULED ADDITIONAL INSURED OR CERTIFICATE HOLDER This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART COMMERCIAL CRIME COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART SCHEDULE OF ADDITIONAL INSUREDS nR rPRTIFrreTF Will nccc AI or CH Addltional Insured or Certificate Holder Address Ai City of Santa Ana Risk Management Div 20 Civic Center Plaza, M-28 Santa Ana CA 92701 The following is added to A. CANCELLATION of the Common Policy Conditions of the above applicable coverage part: A. In the event we cancel the policy in accordance with the policy's terms and conditions, we will endeavor to mail written notice of cancellation to Additional Insureds or Certificate Holders, shown in the above SCHEDULE within the time frame listed below. However, failure to mail such notice shall impose no obligation of any kind upon us, our agents or representatives. 1 30 days before the effective date of cancellation if we cancel for any reason other than for non - payment of premium. As respects Additional Insureds, the above cancellation provision applies only when the Additional Insured shown in the above SCHEDULE is added to the policy by a separate additional insured endorsement as the CANCELLATION NOTICE TO ADDITIONAL INSURED OR CERTIFICATE HOLDER does not provide additional insured coverage REVIEWED & APPROVE - By Risk MANACiEMBni f)ltii;li. Page 9 of 9 1���29 2090 JUL��o FKAIN INI K. VILLAKtAL POLICY NUMBER: PHPK2006438 COMMERCIAL GENERAL LIABILITY CG 20 26 0413 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 Organization(s): City of Santa Ana Risk Management Division Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured 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. 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. CG 20 26 04 13 0 Insurance Services Office, Inc., 2012 REVIEWED & APPROVEL By Risk MANrccmaxl Division J 9102, ^ , n n 1-14ANCIrfla1ih VIUAV EAEEAL Digitally signed by Francine R. Francine R. Villareal Villareal A� " CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY)6/28/2021 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 Gaspar Insurance Services, Inc. 23161 Ventura Blvd, Suite 100 Hills CA 91364 CONTACT NAME: CSERVICE PHONE FAX A/C No Ext : 8183023060 A/C, No): E-MWoodland ADDRESS: cservice@gasparinsurance.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: PHILADELPHIA INDEMNITY INSURAN 18058 License#:OG66626 INSURED DISCCUB-01 Discovery Science Center Of Orange County dba Discovery Cube Orange County INSURERB: Travelers Property Casualty Co 25674 INSURERC: INSURERD: 2500 N Main Street Santa Ana CA 92705 INSURERE: INSURER F : COVERAGES CERTIFICATE NUMBER: 196976033 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICYNUMBER POLICY EFF MM/DD POLICY EXP MM/DD LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y PHPK2292290 7/1/2021 7/1/2022 EACH OCCURRENCE $1,000,000 CLAIMS -MADE OCCUR DAMAGES(RENTED PREMISES Ea occurrence) ccurrence)$ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL &ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY ❑ PRO JECT LOC PRODUCTS - COMP/OP AGG $ 2,000,000 Sexual Abuse/Molesta $ included OTHER: A AUTOMOBILE LIABILITY Y Y PHPK2292290 7/1/2021 7/1/2022 COMBINED SINGLE LIMIT Ea accident $1,000,000 X BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY A X UMBRELLA LIAB X OCCUR Y Y PHUB773900 7/1/2021 7/1/2022 EACH OCCURRENCE $5,000,000 AGGREGATE $ 5,000,000 EXCESS LIAB CLAIMS -MADE DED X RETENTION $ 1 n nnn $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N UB-8P50799A 4/1/2021 4/1/2022 X PER OTH- STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? FN] N/A E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) This policy includes a Blanket Additional Insured Endorsement — the certificate holder is an additional insured if required by written contract. Please refer to the attached endorsement. *10 days notice for non payment of premium. The policy shall not be cancelled or reduced in coverage or changed in any other material aspect without (30) days prior written notice except 10 days for non-payment of premium. Certificate holder is named as additional insured as it relates to general liability in accordance with the terms and conditions of the policy. Umbrella follows form as it relates to additional insureds. The policy shall not be cancelled or reduced in coverage or changed in any other material aspect without (30) days prior See Attached... CERTIFICATE HOLDER CANCELLATION City of Santa Ana Risk Management Division 20 Civic Center Plaza, M-28 PO Box 1988 Santa Ana CA 92701 ACORD 25 (2016103) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE �oRaN RAMwagementDMsian REVIEWED & APPROVED BY.- @ 1988-2015 ACORD Cl �e P, (J-:Zlj�"J The ACORD name and logo are registered marks of ACORD Risk Management Analyst AGENCY CUSTOMER ID: DISCCUB-01 LOC #: ACORO� AGENCY Gaspar Insurance Services, Inc. POLICY NUMBER AIIIIITir)MAl REMARKS Srl4l=nl II F CARRIER I NAIC CODE ADDITIONAL REMARKS Paae 1 of 1 NAMED INSURED Discovery Science Center Of Orange County dba Discovery Cube Orange County 2500 N Main Street Santa Ana CA 92705 EFFECTIVE DATE: PI-GLD-MK (03/12) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY DELUXE ENDORSEMENT: CULTURAL INSTITUTIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE It is understood and agreed that the following extensions only apply in the event that no other specific coverage for the indicated loss exposure is provided under this policy. If such specific coverage applies, the terms, conditions and limits of that coverage are the sole and exclusive coverage applicable under this policy, unless otherwise noted on this endorsement. The following is a summary of the Limits of Insurance and additional coverages provided by this endorsement. For complete details on specific coverages, consult the policy contract wording. Coverage Applicable Limit of Insurance Page # Extended Property Damage Included 2 Non -Owned Watercraft Less than 58 feet 2 Damage to Premises Rented to You $1,000,000 2 Personal and Advertising Injury — Televised or Videotaped Publication Included 3 Medical Payments $20,000 4 Medical Payments — Extended Reporting Period 3 years 4 Athletic Activities Amended 4 Supplementary Payments — Bail Bonds $5,000 4 Supplementary Payment — Loss of Earnings $1,000 per day 4 Employee Indemnification Defense Coverage $25,000 5 Additional Insured — Managers and Supervisors (with Fellow Employee Coverage) Included 5 Additional Insured — Broadened Named Insured Included 5 Additional Insured — Funding Source Included 5 Additional Insured — Managers, Landlords, or Lessors of Premises Included 5 Additional Insured — Lessor of Leased Equipment Included 5 Additional Insured — Vendor Included 6 Additional Insured — As Required by Contract Included 7 Additional Insured — State or Political Subdivisions Included 7 General Aggregate Per Location Included 7 Duties in the Event of Occurrence, Claim or Suit Included 7 Unintentional Failure to Disclose Hazards Included 8 Transfer of Rights of Recovery Against Others To Us Clarification 8 Liberalization Included 8 Bodily Injury — includes Mental Anguish Included 8 Personal and Advertising Injury — includes Abuse of Process, Discrimination Included 8 Page 1 of 9 Includes copyrighted material of Insurance Services Office, Inc., with pern © 2012 Philadelphia Indemnity Insurance Company oRaN 3 Risk MmRganad Msian REVIEWED & APPROVED BY. r Risk Management Analyst PI-GLD-MK (03/12) A. Extended Property Damage SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph a. is deleted in its entirety and replaced by the following: a. Expected or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. B. Non -Owned Watercraft SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph g. (2) is deleted in its entirety and replaced by the following: (2) A watercraft you do not own that is: (a) Less than 58 feet long; and (b) Not being used to carry persons or property for a charge; This provision applies to any person, who with your consent, either uses or is responsible for the use of a watercraft. This insurance is excess over any other valid and collectible insurance available to the insured whether primary, excess or contingent. C. Damage to Premises Rented to You 1. If damage by fire to premises rented to you is not otherwise excluded from this Coverage Part, the word "fire" is changed to "fire, lightning, explosion, smoke, or leakage from automatic fire protective systems" where it appears in: a. The last paragraph of SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions; is deleted in its entirety and replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in SECTION III — LIMITS OF INSURANCE. b. SECTION III — LIMITS OF INSURANCE, Paragraph 6. is deleted in its entirety and replaced by the following: Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems while rented to you or temporarily occupied by you with permission of the owner. c. SECTION V — DEFINITIONS, Paragraph 9.a., is deleted in its entirety and replaced by the following. Page 2 of 9 Includes copyrighted material of Insurance Services Office, Inc., with pern © 2012 Philadelphia Indemnity Insurance Company �oRaN 3 Risk ManaganadDMsian REVIEWED & APPROVED BY. r Risk Management Analyst PI-GLD-MK (03/12) A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; 2. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Subsection 4. Other Insurance, Paragraph b. Excess Insurance, (1)(a)(ii) is deleted in its entirety and replaced by the following: That is insurance for fire, lightning, explosion, smoke, or leakage from automatic fire protective systems for premises rented to you or temporarily occupied by you with permission of owner; 3. The Damage To Premises Rented To You Limit section of the Declarations is amended to the greater of: a. $1,000,000; or b. The amount shown in the Declarations as the Damage to Premises Rented to You Limit. This is the most we will pay for all damage proximately caused by the same event, whether such damage results from fire, lightning, explosion, smoke, or leaks from automatic fire protective systems or any combination thereof. D. Personal and Advertising Injury — Televised or Videotaped Publication 1. SECTION I — COVERAGES, COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY, Subsection 2. Exclusions, Paragraphs b. and c. are deleted in their entirety and replaced by the following: b. Material Published With Knowledge Of Falsity "Personal and advertising injury" arising out of oral, written, televised, or videotaped publication of material, if done by or at the direction of the insured with knowledge of its falsity. c. Material Published Prior To Policy Period "Personal and advertising injury" arising out of oral, written, televised, or videotaped publication of material whose first publication took place before the beginning of the policy period. 2. SECTION V — DEFINITIONS, Paragraph 14. Is deleted in its entirely and replaced by the following. "Personal and advertising injury" means injury, including consequential "bodily injury", arising out of one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; C. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies, committed by or on behalf of its owner, landlord or lessor; Page 3 of 9 Includes copyrighted material of Insurance Services Office, Inc., with pern © 2012 Philadelphia Indemnity Insurance Company �oRaN 3 Risk ManaganadDMsian REVIEWED & APPROVED BY. r Risk Management Analyst PI-GLD-MK (03/12) d. Oral, written, televised, or videotaped publication, in any manner, of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral, written, televised, or videotaped publication, in any manner, of material that violates a person's right of privacy; f. The use of another's advertising idea in your "advertisement"; or g. Infringing upon another's copyright, trade dress, slogan, title, or slogan in your "advertisement." E. Medical Payments — Limit Increased to $20,000, Extended Reporting Period If COVERAGE C MEDICAL PAYMENTS is not otherwise excluded from this Coverage Part: 1. The Medical Expense Limit is changed subject to all of the terms of SECTION III — LIMITS OF INSURANCE to the greater of: a. $20,000; or b. The Medical Expense Limit shown in the Declarations of this Coverage Part. 2. SECTION I — COVERAGE, COVERAGE C MEDICAL PAYMENTS, Subsection 1. Insuring Agreement, a. (3) (b) is deleted in its entirety and replaced by the following: (b) The expenses are incurred and reported to us within three years of the date of the accident. F. Athletic Activities SECTION I — COVERAGES, COVERAGE C MEDICAL PAYMENTS, Subsection 2. Exclusions, Paragraph e. Athletic Activities is deleted in its entirely and replaced with the following: e. Athletic Activities To a person injured while taking part in athletics. G. Supplementary Payments SECTION I — COVERAGES, SUPPLEMENTARY PAYMENTS — COVERAGE A AND B are amended as follows. 1. b. is deleted in its entirety and replaced by the following: 1. b. Up to $5000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these. 1.d. is deleted in its entirety and replaced by the following 1. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $1,000 a day because of time off from work. Page 4 of 9 Includes copyrighted material of Insurance Services Office, Inc., with pern © 2012 Philadelphia Indemnity Insurance Company �oRaN 3 Risk MmaganadDMsiun REVIEWED & APPROVED BY. r Risk Management Analyst PI-GLD-MK (03/12) H. Employee Indemnification Defense Coverage SECTION I — COVERAGES, SUPPLEMENTARY PAYMENTS — COVERAGES A AND B the following is added: We will pay, on your behalf, defense costs incurred by an "employee" in a criminal proceeding occurring in the course of employment. The most we will pay for any "employee" who is alleged to be directly involved in a criminal proceeding is $25,000 regardless of the numbers of "employees," claims or "suits" brought or persons or organizations making claims or bringing "suits." I. Additional Insureds SECTION II — WHO IS AN INSURED is amended as follows: Each of the following is also an insured: 1. Managers and Supervisors — Your managers and supervisors are also insureds, but only with respect to their duties as your managers and supervisors. Managers and supervisors who are your "employees" are also insureds for "bodily injury" to a co -"employee" while in the course of his or her employment by your or performing duties related to the conduct of your business. This provision does not change Item 2.a.(1)(a) as it applies to managers of a limited liability company. 2. Broadened Named Insured — Any organization and subsidiary thereof which you control and actively manage on the effective date of this Coverage Part. However, coverage does not apply to any organization or subsidiary not named in the Declarations as Named Insured, if they are also insured under another similar policy, but for its termination or the exhaustion of its limits of insurance. 3. Funding Source — Any person or organization with respect to their liability arising out of: a. Their financial control of you; or b. 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 that person or organization. 4. Managers, Landlords, or Lessors of Premises — Any person or organization with respect to their liability arising out of the ownership, maintenance or use of that part of the premises leased or rented to you subject to the following additional exclusions: This insurance does not apply to: a. Any "occurrence" which takes place after you cease to be a tenant in that premises-, or b. Structural alterations, new construction or demolition operations performed by or on behalf of that person or organization. 5. Lessor of Leased Equipment— Automatic Status When Required in Lease Agreement With You — Any person or organization from whom you lease equipment when you and such person or organization have agreed in writing in a contract or agreement that Page 5 of 9 =; °"aN a Risk MmaganadDMskm Includes copyrighted material of Insurance Services Office, Inc., with per 3I i 'r REviEWED & APPROVED BY. © 2012 Philadelphia Indemnity Insurance Company FU.6-+" JZ. MWAI Risk Management Analyst PI-GLD-MK (03/12) organization is to be added as an additional insured on your policy. Such person or organization is an insured only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. 6. Vendors — Any person(s) or organization(s) (referred to below as vendor), 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: a. The insurance afforded the vendor does not apply to: (1) "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; (2) Any express warranty unauthorized by you; (3) Any physical or chemical change in the product made intentionally by the vendor; (4) 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; (5) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (8) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (a) The exceptions contained in Sub -paragraphs (4) or (6); or (b) 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. b. 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. Page 6 of 9 Includes copyrighted material of Insurance Services Office, Inc., with pern © 2012 Philadelphia Indemnity Insurance Company �oRaN 3 Risk ManaganadDMsian REVIEWED & APPROVED BY. r Risk Management Analyst PI-GLD-MK (03/12) 7. As Required by Contract — Any person or organization where required by a written contract executed prior to the occurrence of a loss. Such person or organization is an additional insured for "bodily injury," "property damage" or "personal and advertising injury" but only for liability arising out of the negligence of the named insured. The limits of insurance applicable to these additional insureds are the lesser of the policy limits or those limits specified in a contract or agreement. These limits are included within and not in addition to the limits of insurance shown in the Declarations 8. State or Political Subdivisions — Any state or political subdivision as required, subject to the following provisions: a. This insurance applies only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit, and is required by contract. b. This insurance does not apply to: (1) "Bodily injury," "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or (2) "Bodily injury" or "property damage" included within the "products -completed operations hazard." J. General Aggregate Per Location SECTION III — LIMITS OF INSURANCE, Paragraph 2. Is amended to include the following additional provision: The General Aggregate Limit applies separately to each of your "locations" owned by or rented to you. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. K. Duties in the Event of Occurrence, Claim or Suit SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 2. is amended as follows: Item a. is amended to include: This condition applies only when the "occurrence" or offense is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; or (3) An executive officer or insurance manager, if you are a corporation. Item b. is amended to include: This condition will not be considered breached unless the breach occurs after such claim or "suit' is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; or Page 7 of 9 Includes copyrighted material of Insurance Services Office, Inc., with pern © 2012 Philadelphia Indemnity Insurance Company �oRaN 3 Risk ManaganadDMsian REVIEWED & APPROVED BY. r Risk Management Analyst PI-GLD-MK (03/12) (3) An executive officer or insurance manager, if you are a corporation. L. Unintentional Failure To Disclose Hazards SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, 6. Representations is amended to include the following: It is agreed that, based on our reliance on your representations as to existing hazards, if you should unintentionally fail to disclose all such hazards prior to the beginning of the policy period of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure. M. Transfer of Rights of Recovery Against Others To Us SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, 8. Transfer of Rights of Recovery Against Others To Us is deleted in its entirety and replaced by the following: If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. Therefore, the insured can waive the insurer's Rights of Recovery prior to the occurrence of a loss, provided the waiver is made in a written contract. N. Liberalization SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, is amended to include the following: If we revise this endorsement to provide more coverage without additional premium charge, we will automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state. O. Bodily Injury — Mental Anguish SECTION V — DEFINITIONS, Paragraph 3. is deleted in its entirety and replaced by the following: "Bodily injury": a. Means bodily injury, sickness or disease sustained by a person, and includes mental anguish resulting from any of these; and b. Except for mental anguish, includes death resulting from the foregoing (Item a. above) at any time. P. Personal and Advertising Injury — Abuse of Process, Discrimination If COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY COVERAGE is not otherwise excluded from this Coverage Part, the definition of "personal and advertising injury" is amended as follows: 1. SECTION V — DEFINITIONS, Paragraph 14.b. is deleted in its entirety and replaced by the following: b. Malicious prosecution or abuse of process; 2. SECTION V — DEFINITIONS, Paragraph 14. is amended to include the followi Page 8 of 9 Includes copyrighted material of Insurance Services Office, Inc., with pern © 2012 Philadelphia Indemnity Insurance Company �oRaN 3 Risk ManaganadDMsian REVIEWED & APPROVED BY. r Risk Management Analyst PI-GLD-MK (03/12) Discrimination based on race, color, religion, sex, age or national origin, except when: a. Done intentionally by or at the direction of, or with the knowledge or consent of: (1) Any insured; or (2) Any executive officer, director, stockholder, partner or member of the insured; b. Directly or indirectly related to the employment, former or prospective employment, termination of employment, or application for employment of any person or persons by an insured; c. Directly or indirectly related to the sale, rental, lease or sublease or prospective sales, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any insured; or d. Insurance for such discrimination is prohibited by or held in violation of law, public policy, legislation, court decision or administrative ruling. The above does not apply to fines or penalties imposed because of discrimination. Page 9 of 9 Includes copyrighted material of Insurance Services Office, Inc., with pern © 2012 Philadelphia Indemnity Insurance Company �oRaN 3 Risk ManaganadDMsian REVIEWED & APPROVED BY. r Risk Management Analyst PI-GL-005 (07/12) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARY AND NON-CONTRIBUTORY INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Effective Date: 07/01/2018 Name of Person or Organization (Additional Insured): Blanket where required by written contract. SECTION II — WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the endorsement Schedule, but only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" arising out of or relating to your negligence in the performance of "your work" for such person(s) or organization(s) that occurs on or after the effective date shown in the endorsement Schedule. This insurance is primary to and non-contributory with any other insurance maintained by the person or organization (Additional Insured), except for loss resulting from the sole negligence of that person or organization. This condition applies even if other valid and collectible insurance is available to the Additional Insured for a loss or "occurrence" we cover for this Additional Insured. The Additional Insured's limits of insurance do not increase our limits of insurance, as described in SECTION III — LIMITS OF INSURANCE. All other terms, conditions, and exclusions under the policy are applicable to this endorsement and remain unchanged. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its pei �oRaN 3 Risk MmaganadDMsiun REVIEWED & APPROVED BY: r p PZ. Vj&wd Risk Management Analyst Philadelphia Indemnity Insurance Company Additional Insured Schedule Policy Number: PHPK2006438 Additional Insured Huntington Beach City School District 17011 Beach Blvd Ste 560 Huntington Beach, CA 92647-7492 CG2026 - General Liability RE: Contract for teaching demonstrations Additional Insured City of Santa Ana Risk Management Division 20 Civic Center Plaza, M-28 PO Box 1988 Santa Ana, CA 92701-4058 CG2026 - General Liability Page 6 of 6 �oRaN } z a RAMwagamentDMsian REVIEWED & APPROVED BY.- F R. VSA44a Risk Management Analyst PI-CANXAICH-002 (05/11) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANCELLATION NOTICE TO SCHEDULED ADDITIONAL INSURED OR CERTIFICATE HOLDER This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART COMMERCIAL CRIME COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART SCHEDULE OF ADDITIONAL INSUREDS OR CERTIFICATE HOLDERS Al or CH Additional Insured or Certificate Holder Address AI City of Santa Ana Risk Management Div 20 Civic Center Plaza, M-28 Santa Ana CA 92701 The following is added to A. CANCELLATION of the Common Policy Conditions of the above applicable coverage part: A. In the event we cancel the policy in accordance with the policy's terms and conditions, we will endeavor to mail written notice of cancellation to Additional Insureds or Certificate Holders, shown in the above SCHEDULE within the time frame listed below. However, failure to mail such notice shall impose no obligation of any kind upon us, our agents or representatives. 1. 30 days before the effective date of cancellation if we cancel for any reason other than for non - payment of premium. As respects Additional Insureds, the above cancellation provision applies only when the Additional Insured shown in the above SCHEDULE is added to the policy by a separate additional insured endorsement as the CANCELLATION NOTICE TO ADDITIONAL INSURED OR CERTIFICATE HOLDER does not provide additional insured coverage. Page 9 of 9 �oRaN } z a RAMwaganadDMsiun REVIEWED & APPROVED BY.- PZ. VSA44a Risk Management Analyst POLICY NUMBER: PHPK2006438 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 Organization(s): City of Santa Ana Risk Management Division Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured 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. 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. CG 20 26 04 13 © Insurance Services Office, Inc., 2012 shall not increase the Insurance shown in the �oRaN } z RAMamaganadDMsiun REVIEWED & APPROVED SY.- f R. V;&wd Risk Management Analyst y NJ NOTICE OF COMPLIANCE CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL Contractor Discovery Science Center of Orange County Name: Project A-2020-236 Number: Project Agreement With Discovery Science Center To Provide Name: Recycling Education Program The Certificate of Insurance (COI) submitted indicates that the coverages are in compliance with the insurance requirements. No further action is required at this time. The compliant coverage(s) are: POLICY EXPIRATION TYPE OF INSURANCE COI DATE FILE NAME NUMBER DATE GENERAL LIABILITY 7034081501 07/01/2023 09/27/2022 CityofSantaAna_COI_2022_23.pdf WORKERS COMPENSATION 1026866 04/01/2024 04/04/2023 Certificate (003).pdf AND EMPLOYERS' LIABILITY Thank you, City of Santa Ana Risk Management Division in partnership with CTrax Plus Services Team 6/12/2023 5:48 PM NOTICE OF COMPLIANCE CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL Contractor Discovery Science Center of Orange County Name: Project A-2020-236 Number: Project Agreement With Discovery Science Center To Provide Name: Recycling Education Program The Certificate of Insurance (COI) submitted indicates that the coverages are in compliance with the insurance requirements. No further action is required at this time. The compliant coverage(s) are: POLICY EXPIRATION TYPE OF INSURANCE COI DATE FILE NAME NUMBER DATE GENERAL LIABILITY 7034081501 07/01/2024 07/03/2023 Certificate.pdf WORKERS COMPENSATION AND Certificate 1026866 04/01/2024 04/04/2023 EMPLOYERS' LIABILITY (003).pdf Thank you, City of Santa Ana Risk Management Division in partnership with CTrax Plus Services Team 8/16/2023 7:36 PM