HomeMy WebLinkAboutASSISTANCE LEAGUE OF SANTA ANAN-2022-333
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iNSURANCE NOT ON FILE
01ORK MAY a PROCEED
CLERK OF COUNCIL
Return FULLLY EXECUTED
Copy to COTC, M-30
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Assistance Leaguem
Revised February 2021
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This agreement is entered into by Assistance League® of Santa Ana (hereinafter referred to as
"Assistance League"), located at 1037 W. First Street, Santa Ana, and the City of Santa Ana, a
charter city and municipal corporation organized and existing under the Constitution and laws of
the State of California (hereinafter referred to as "Organization"), located at 20 Civic Center Plaza,
Santa Ana, CA 92701.
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. Senior Outreach is a philanthropic program designed by Assistance League to provide any
or all of the following: visits to the senior centers, participation in the Adopt a Senior Program
and providing small gifts for seniors or other like services as designated in this agreement.
2. Obligations of Assistance League.
A. Assistance League shall furnish small gifts as requested by seniors at the senior
centers in Santa Ana with members visiting and interacting with seniors. Members could
include both adults and teenagers.
B. Service will be provided to the senior centers as needed until designated Assistance
League program funds are exhausted.
C. Assistance League shall assume all financial obligations relative to the provision or
purchase of the items described in section 2.A.
D. Financial contributions to this program by Assistance League shall be made only as
stipulated in the terms of this agreement.
E. Insurance. Assistance League shall procure and maintain for the duration of the
contract insurance against claims for injuries to persons or damages to property which
may arise from or in connection with the performance of the work hereunder and the
results of that work by Assistance League, its agents, representatives, employees or
subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
Commercial General Liability (CGL): Insurance Services Office Form CG 00 01
covering CGL on an "occurrence" basis, including products and completed
operations, property damage, bodily injury and personal & advertising injury with
limits no less than $1,000,000 per occurrence. If a general aggregate limit applies,
either the general aggregatelimit shall apply separately to this project/location (ISO
CG 25 03 or 25 04) or the general aggregate limit shall be twice the required
occurrence limit.
Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or
if Assistance League has no owned autos, hired, (Code 8) and non -owned autos
(Code 9), with limitno less than $1,000,000 per accident for bodily injury and
AGREEMENT WITH AN ORGANIZATION/AGENCY (page 2 of 2)
property damage. (Not required if Assistance League, provides written verification
no vehicles will be used in event)
Workers' Compensation:. as required by the State of California, with Statutory
Limits, and Employer's Liability Insurance with limit of no less.t6an$1,000,000 per
accident for bodily injury or disease. (Not.required if Assistance League provides
written verification no employeeswillwork event)
If the Assistance League maintains broader coverage and/or higher limits than the
minimums shown above, the Organization requires and shall be entitled to the broader
coverage and/or the higher limits maintained by the Assistance League. Any available
insurance proceeds In excess of the specified minimum limits of insurance and
coverage shall be available to the Organization.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions:
Additional insured Status
The Organization, its officers, officials, employees, and volunteers are to be covered as
additional insureds on the CGL policy with respect to liability arising out of work or
operations performed by or on behalf of the Assistance League including materials,
parts, or equipment furnished in connectionwith such work or operations. General
liability coverage can be provided in the form of an endorsement to the Assistance
League's insurance (at least as broad as ISO Form CG 2010 1185 or if notavailable,
through the addition of both CG 2010, CG 20 28, CG 20 33, or CG 20 38; and CG 20.
37 if a later edition Is used).
Primary Coverage
For any claims related, to this contract, the Assistance League's insurance coverage
shall be primary coverage at least as broad as ISO CG 20 0104 13 as respects the
Organization, its officers, officials, employees, and volunteers. Any Insurance or self-
insurance maintained by the Organization, its officers, officials, employees, or
volunteers shall be excess of the Assistance League's insurance and shall not
contribute with it:
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled,
except with notice to the Organization.
Waiver of Subrogation
Assistance League hereby grants to Organization a waiver of any right to subrogation '
which any insurer of said Assistance League may acquire against the Organization by
virtue of the payment of any loss under such insurance. Assistance League agrees to
obtain any endorsement that may be necessary to affect this waiverof subrogation, but
this provision applies regardless of whether or not the Organization has received a
waiver of subrogation endorsement from the insurer.
Self -insured Retentions
Self -insured retentions must be declared to and approved by the Organization, The
Organization may require theAssistance League to purchase coverage with a lower
retention or provide proof of ability to pay losses and related investigations, claim
administration, and. defense expenses within the retention. The policy language shall
provide, or be endorsed to provide, that the self -Insured retention may be satisfied by
either the named insured or Organization
Acceptability of Insurers
Insurance, Is to be. placed with Insurersauthorized to conduct business in. the. state
with a current AN. Best's rating of no less than A:VII, unless otherwise acceptable to
the Organization.
Claims Made Policies (note — should be applicable. only to professional liability,
see below)
If any the required policies provide claims -made coverage:
I. The Retroactive Date must be: shown, and must be before the date of the contract
orthebeginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at
least five (6) years after completion of the contract of work
3. If coverage is canceled or nowenewed, and not replaced with another claims-
made policy -form with a Retroactive Date priorto the contract effective date, the
Assistance Leaguemust purchase "extended reporting" coverage for a minimum of
five (6) years after completion of work,
Verification of Coverage
Assistance League shall furnish the Organization with original Certificates of Insurance
including all required amendatory endorsements (or copies of the applicable policy
language effecting coverage requiredby this clause) and a copy of the Declarations and
Endorsement Page of the CGL policylisting allpolicy endorsements to Organization
before work begins. However, failure to obtain the required documents prior to the work
beginning shall not waive the Assistance League's obligation to provide them.
The Organization reserves the right to require complete, certified copies of all required
insurance policies, including endorsements required by these specifications, at any
time.
Special Risks or Circumstances
Organization reserves therightto.modify these requirements.
F. Indemnification. Assistance League agrees to defend, and shall indemnify and hold
harmless the Organization, its officers, agents, employees, contractors, special counsel,
and representatives from liability: (1) for personal injury, damages, just compensation,
restitution, judicial or equitable relief arising out of claims for personal injury, including
death, and claims for property damage, which may arise from the negligent operations
of the Assistance League; Its subcontractors, agents, employees, or other persons
acting on Its 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 terms of or effects arising from this Agreement.
This indemnity and hold harmless agreement applies to all claims for damages, just
compensation, restitution, judicial or equitable relief suffered, or alleged to have been
suffered, by reason of the events referred to in this Section or by reason of the terrns of,
or effects, arising from this Agreement. Assistance League further agrees to indemnify;
hold harmless, and pay all costs for the defense of the Organization, Including foes and
Costs for special counsel to be selected by the Organization, 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.
Organization may make all reasonable decisions with respect to Its representation in any
legal proceeding. Notwithstanding the foregoing, to the extent Assistance League's
services are subject to Civil Code Section 2782.8,>the above indemnity shall be limited,
to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain
AGREEMENT WITH AN ORGANIZATIONIAOENCY (page 2 of 2)
to, or relate to the negligence, recklessness, or willful misconduct of Assistance, League,
G. Assistance League recommends completion of the Three -Year programs Agreement
Review Form'for chapter records.
3. Obligations of Organization.
A. Appoint a contact person to interface with Assistance League,
B. Organization personnel shall identify prospective recipients or participants.
C, Organization shall not be responsible for any compensation related to this Agreement.
4. Public Relations:
A Assistance League shall have prominent Identification with the program.
B. Assistance .League and Organization, shall each reserve the right to -review and
approve all publicity releases, brochures, and other materials relative to the program,
all of which shall mention Assistance League.
C. Photos and names of recipients shall not be used without written permission of those
-
directly involved.
5. Term, Renewal and Termination.
The term of this agreement shall start October 1, 2022, and continues until October 1, 2025, unless
temtirtated earlier, in aecordanoe with this Section. The term of this Agreement may be extended
upon, a writing executed by the City Manager and City Attorney,
If either party determines it can no longer abide by the terms of this agreement, it may
terminate this agreement by giving ninety (90) days written notice to the other party. In the
case of termination, all assets shall return to the rightful owners as set forth in this agreement
and neither party shall have any further obligation thereafter.
6. Memorandum ofUnderstanding/Other Agreement.
If a Memorandum of Understanding or other agreement is required by Organization, it is the
responsibility of Assistance League to have all documents reviewed by legal counsel.
7. Signatures and Dates.
Each undersigned represents and warrants that its signature herein below has the power,
authority and right to bind their respective parties to each of the terms of this Agreement,
and shall indemnify Organization fully, including reasonable costs and attorneys 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.
Assistance League of Santa Ana
N-2O22-333
P
President '
Recording Secretary
VP/Chairman Philanthropic Programs
Clerk of the Council
APPROVED AS'rO FORM:
SONIA R. CARVALHO
City Attorney
Ryan 0.�?clgc
Assistant City Attorney
Printed Name �- Daz`'
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CITY OF SANTA ANA
Kris ine Ridge
City Manager
RECOMMENDED-FOW" OV —
Hawk o
Exec ve-DFr
Parks, Recreation and Community Services Agency
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alemsKathleen
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Masenga
Printed Name
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CITV OF SANTA ANA:.
Clerk of the.Counclf
Kristine Ridga
City Manager
' APPROVED AS TO. FORM.
SONI'A.R. CARVAkHO
City Attorney
By: .
Ryan 0 HHgoge
Assistant City Attorney
RECOMMENDED FOR APPROVAL: .
Hawk Scott
Executive Director
Parks, Recreatidn and Community Servlces Agency,
Frankston, Emerson
From: City of Santa Ana <certificate-request@ctrax.jdidata.com>
Sent: Friday, October 21, 2022 12:08 PM
To: gaylenurse@gmail.com; Frankston, Emerson;jeremy@thecomprehensiveinsurance.com;
Lara, Juan
Subject: Internal Notice of Compliance
NOTICE OF COMPLIANCE
C'ITNSTAFF: PRINT THIS PAGE AND INCLUDE NN'ITH .AGREENIENT TO THE CLERK OF THE COUNCIL
Contractor Assistance League of Santa Ana
Name:
Project TBD (98)
Number:
Project Agreement Between The Assistance League And The City Of Santa Ana
Name: For Senior Outreach
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:
TYPE OF INSURANCE
POLICY NUMBER
EXPIRATION
COI DATE
FILE NAME
DATE
AUTOMOBILE LIABILITY
202207504
06/0t/2023
08/30/2022
Assistance League of
Santa Ana COLpdf
GENERAL LIABILITY
202207504
06/01/2023
08/30/2022
Assistance League of
Santa Ana COI.pdf
WORKERS COMPENSATION AND EMPLOYERS'
72WECDF3215
06/01/2023
08/30/2022
Assistance League of
LIABILITY
Santa Ana COLpdf
Thank you,
City of Santa Ana
Risk Management Division
in partnership with
CTrax Plus Services Team
10/21 /2022 3:07 PM
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