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HomeMy WebLinkAboutTUMBLE-N-KIDS, INC.INSURANCE ON FILE WORK MAY PROCEED N-2024-002 UNTA INSURANCE EXPIRES L7"x CITY CLERK DATE: JAN 0 8 2024 O. qP-CSAC) RECREATION SERVICES AGREEMENT WITH TUMBLE-N-KIDS FOR CS. GYMNASTICS CLASSES THIS AGREEMENT is made and entered into on this 30th day of November 2023 by and between Tumble — N — Kids, Inc., a California corporation ("Provider'), 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 ("City'). City and Provider may be collectively referred to as the "Parties" or individually as a "Party." RECITALS A. The City desires to retain a recreation service provider having special skills, resources and knowledge to provide gymnastics classes in its recreation class program. B. Provider represents that it is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement. Provider represents that it is knowledgeable in their field and that any services performed by Provider under this Agreement will be performed in compliance with such standards as may reasonably be expected. D. The Parties acknowledge that the City intends to provide recreational activities to the public but must balance the need to comply with all COVID-19 guidance and restrictions. 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: SCOPE OF SERVICES a. Provider shall perform those services as set forth in Exhibit A to this Agreement. b. All classes operated pursuant to this Agreement for conducting recreation classes at City facilities, including parks, will comply with all applicable guidance and public health orders, including those from the Centers for Disease Control ("CDC"), California Department of Public Health ("CDPH"), the Orange County Health Care Agency ("OCHCA") and the City itself for as long as those orders and guidance remain in place. Provider will remind participants of these guidelines. To the extent that Provider needs assistance with enforcing any rules or requirements, Provider wilt contact a City Parks' employee or City security for assistance. c. Provider shall not attend a class or teach any class if Provider is sick or has any symptom(s) associated with COVID-19 including but not limited to, fever above 100.4, chills, cough, shortness of breath, loss of taste or smell, nausea, muscle or body aches, vomiting, headache, sore throat or diarrhea. Page I of 10 d. Provider will not attend class or teach a class if Provider or any member of Provider's household has been asked to quarantine or self -isolate due to symptoms of COVID-19 or a positive test result for COVID-19. c. Provider acknowledges that, to the extent that City is able to and chooses to conduct classes indoors, this Agreement will also cover classes conducted at one of City's recreational centers during the term of this Agreement. f: City reserves the right to change the location($) at which the services contemplated by this Agreement are provided. g. Provider shal I comply with the City's recreation class policy manual and any other City rules and regulations regarding the operation of recreation classes. 2. COMPENSATION a. In consideration for the provision of the programs set forth in Exhibit A, City agrees to pay, and Provider agrees to accept as total payment for their services for the City, seventy percent (70%) of all gross revenue received from program participants. Total revenue to Provider shall not exceed twenty-five thousand dollars and zero cents ($25,000). b. This Agreement contemplates a reimbursement of up to S350 for the cost of insurance as required by Section 5 of this Agreement, subject to proof acceptable to the Director of Parks, Recreation and Community Services or their designee. c. Payment by City shall be made within forty-five (45) days following completion of the last class taught by Provider the prior month, subject to City accounting procedures. City and Provider agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Provider agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Provider's account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. d. City shall be responsible for collecting all fees from program participants. Provider shall not collect fees but will refer all interested participants to City for registration information. Provider agrees that City shall retain thirty percent (30%) of all gross revenue received from program participants as an administrative fee. 3. TERM This Agreement shall commence on January I, 2024 and end on December 31, 2024 unless terminated earlier in accordance with Section 14 below. The term of this Agreement may be extended by a writing executed by the City Manager and the City Attorney. Page 2 of t0 4. INDEPENDENT CONTRACTOR Provider shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, ajoint venture relationship, or to allow the City to exercise discretion or control over the manner in which Provider performs the services which are the subject matter of this Agreement; however, the services to be provided by Provider shall be provided in a manner consistent with all applicable standards and regulations governing such services. Provider shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar tares relating to employees and shall be responsible for all applicable withholding taxes. Provider is not an agent, representative or employee of City and Provider shall have no authority to act on behalf of the City, 5. INSURANCE Prior to undertaking performance of work under this Agreement, Provider shall maintain and shall require its subcontractors, ifany, to obtain and maintain insurance as described below: a. Minimum Scope and Limit of Insurance: Commercial General Liability Insurance. Insurance Services Office Form CG 00 01 covering CGL, on an `occurrence' basis, including products and completed operations, property damage, bodily injury and personal fir. advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate lhnit shall apply separately to this project/location (ISO CG 25 03 o,r 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Worker's Compensation Insurance. In accordance with California State law, Provider, if Provider has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Provider agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. 3. Sexual Abuse or Molestation (SAM) Liability. If the CGL policy referenced above is not endorsed to include affinnative coverage for sexual abuse or molestation, Provider shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit no less than $100,000 per occurrence or claim or an individual instructor and with a limit no less than $1,000,000 per occurrence or claim for an organization. 4. if the Provider maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Provider. Any available insurance proceeds in Page 3 of 10 excess of the specified minimum limits of insurance and coverage shall be available to the City. b. Other Insurance Provisions Additional Insured Status: The City, 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 Provider 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 Provider's insurance (at least as broad as ISO Form CG 20 10 1185 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 2037 if a later edition is used). 2. Primary Coverage: For any claims related to this contract, the Provider's insurance coverage shall be primary coverage at least as broad as ISO CG 20 0104 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers,offieials, employees, or volunteers shall be excess of the Provider's insurance and shall not contribute with it. 3. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. 4. Waiver of Subrogation: Provider hereby grants to City a waiver of any right to subrogation that any insurer ofsaid Provider may acquire against the City by virtue of the payment of any loss under such insurance. Provider agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received it waiver of subrogation endorsement from the insurer. Self -insured Retentions: Sclf-insured retentions must be declared to and approved by the City. The City may require the Provider to purchase coverage with a lower retention or provide proof ol'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 sell' insured retention may be satisfied by either the named insured or City. 6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current AM. Best's rating of no less than AXII, unless otherwise acceptable to the City. 7. Verification of Coverage: Provider shall furnish the City 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, policy listing all policy endorsements to City before work begins. However, failure to obtain the required Page 4 of 10 documents prior to the work beginning shall not waive the Provider's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies,including endorsements required by these specifications, at any time. 8. Subcontractors: Provider shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Provider shall ensure that City is an additional insured on insurance required from subcontractors. 9. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 6. INDEMNIFICATION Provider agrees to and shall indemnify, defend and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) For personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Provider or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement, to the extent that the injury, damages, just compensation, restitution, judicial or equitable relief is caused by the negligence of the Provider. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relict' suffered, or alleged to have been suffered, by reason of the events reforred to in this Section or by reason of the terms of, or effects, arising from this Agreement. City stay make all reasonable decisions with respect to its representation in any legal proceeding. In no case will Provider be required to indemnify or hold harmless the City from injury, damages, just compensation, restitution, judicial or equitable relief caused by the negligence of the City. CON P IDENT] ALITY If Provider receives from the City information which due to the nature oFsuch information is reasonably understood to be confidential and/or proprietary, Provider 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 reasonable care. "Confidential Information" shall include all nonpublic information, including but not limited to student records. Confidential information includes not only written infonmation, 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 Page 5 of 10 nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Provider disclosed in a publicly available source; (c) is in rightful possession of the Provider without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Provider without reference to information disclosed by the City. 8. COVID-19 ASSUMPTION OF RISK AND WAIVER Provider acknowledges that Provider could be exposed to persons that may have COVID- 19 providing services pursuant to this Agreement. Provider understands that interacting with any person currently comes with the inherent risk of exposure to COVID-19 and that COVID-19 is highly contagious. Provider assumes the risks associated with providing services pursuant to this Agreement, namely potential exposure to COVID-19. Provider acknowledges that while some people have no symptoms or mi Id symptoms from COVID-19, some people have become seriously ill requiring hospitalization and that some people have died tram COVID-19. Provider acknowledges that persons over the age of 65 and persons with underlying health conditions are at greater risk of contracting COVID-19 and are potentially risking serious injury or death. Provider is agreeing to provide classes pursuant to this Agreement and does so of Provider's own free will. Provider intends to be legally bound by this assumption of risk, release and waiver and to bind Provider's heirs, personal representatives, next of kin and anyone who may Intake a claim on Provider's behalf. Provider knowingly releases and waives any and all claims that Provider may have or could have in the future and includes any claims resulting from potential exposure or actual exposure to COVID-19, this includes claims for personal injury, transmittal of COVID-19 to others, and/or wrongful death. Provider agrees to hold harmless, defend and indemnify the City, its public officials, officers, employees, volunteers, and agents from any and all claims for liability or damages, including those for exposure to or diagnosis with COVID-19 as a result of providing services pursuant to this Agreement. 9. CONFLICT OF INTEREST Provider covenants that it presently has no interests and shall not have interests, direct or indirect, which wont([ conflict in any manner with performance of services specified under this Agreement. 10. BACKGROUND CHECK Provider shall ensure that all employees, subcontractors, and any volunteers are fingerprinted and background checked prior to conducting any work pursuant to this Agreement. Provider shall not assign any employee, agent, subcontractor, volunteer or the Provider personally to provide services pursuant to this Agreement, if that employee, agent, subcontractor, volunteer, or the Provider personally are required to register as a sex offender under California Penal Code Section 290 et seq, have a conviction for any crime of moral turpitude, have a conviction for a sexual based crime, have a conviction for a violent felony as defined in C'alitornia Penal Code Section 667.5(c), or has a conviction for a serious felony as defined in Cali(ornia Penal Code Page 6 of 10 Section 1192.7(c). Disqualifying convictions include but are not limited to, violations of California Penal Code Sections 37, 128, 136.1 with Section 186.22, 187, 190-190A and 192(a), 205, 206, 207-209.5, 211, 212, 212.5, 213, 214, 215, 218-219, 220, 236.1(b) or 236.1(c), 243.4, 261, 261.5, 273.5, 262, 264.1, 266, 266c, 266h, 266i, 266j, 267, 269, 272, 273a, 273ab, 273d, 285, 286, 288, 288a, 288.2, 288.3, 288.4, 288.5, 288.7, 289, 290, 311.1, 3 l 1.2, 31 L3, 311.4, 3l 1.10, 311.11, 314, 347(a), 368, 417(b), 451(a),518 with 186.22, 647.6, 653Re), 664 and 197, 667.5(c), 18745, 18750, or 18755, 12022.53, 11418(b)(1) or (b)(2); Business and Professions Code Section 729. 11. 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 mamter provided in this Section, to the following persons: To City: Clerk of the Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax (714) 647-6956 With copy to: Executive Director of Parks, Recreation and Community Services City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, California 92702 Fax (714) 5 71-42 11 To Provider: Tumble - N - Kids, Inc. Attn: Robert Lusk 16902 Lucia Lane Huntington Beach, CA 92647 Phone: (714) 842-3586 or (818) 242-7137 Email bohizruimhlenkids.com A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed 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. Page 7 of 10 12. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Provider regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the, 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 Provider. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Provider or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 13. ASSIGNMENT The experience, knowledge, capability and reputation of Provider were a substantial inducement for City to enter into this Agreement. Therefore, Provider may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. 14. TERMINATION a. This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Provider shall be entitled to receive, and City shall pay Provider, compensation for all services rendered prior to the effective date of termination. b. Termination or cancellation of classes by the Provider outside of Section I Lb. must be given to the City at least thirty (30) days prior to termination/cancellation, failure to provide adequate cancellation notice to the City may put future contracting of business with the City at risk and will result in the City's retention of ten (10%u) percent of the final payment to Provider. 15. RECORDS Provider shall use attendance sheets generated and supplied by the City to record attendance in each class. Provider shall keep these and any other records in connection with the work to be performed under this Agreement and shall permit City, upon request, to review such records for a period of three (3) years from the date of final payment to Provider tinder this Agreement. 16. NON-DISCRIMINATION Provider shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, Page 8 of 10 promotion, termination or other employment related activities or any services provided under this Agreement. Provider affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 17. JURISDICTION —VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the haws of the State of California. Both parties further agree that Orange County, California, shall be the vane for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. LICENSES Provider shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. 19. SEVERABILITY In the event that one or more of the phrases, sentences, clauses, paragraphs or sections contained in this Agreement shall be declared invalid or unenforceable by validjudgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs or sections of this Agreement, which shall be interpreted to carry out the intent of the parties hereunder. 20. EXH113PPS All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 21. AUTHORITY The person(s) executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement, the parties hereto are formally bound to the provisions of this Agreement. (signature page followsl Page 9of10 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney '--giandon Salvatierra Deputy City Attorney RECOMM CITY O'FF SSA�NTT'A ANA homas a R. Hate t Interim City Manager PROVIDER: t Robert Lusk, O ner Directoro Parks, and n ervices Agency Page 10 of 10 EXHIBIT A Exhibit A SCOPE. OF SERVICES A. Provider shall conduct Tumble - N - Kids Inc., Gymnastics for ages l8months - 12 years old. B. Provider shall teach such or similar classes (1) at the times below at facilities to be designated by the City or (2) on a schedule agreed upon by the parties for each class session or term, including the location, specific days and hours when classes will be held, and holidays to be observed, in accordance with City's needs. Teeny Tumblers Ages 9 months — I year 5 months old Teeny Tumblers and partners shake, tumble and roll with upbeat music and friends. Tumblers learn multiple rolls down the "Big Cheese", balance on the beams, crawl through tunnels, jump on mini-trampoliuc and team gymnastic positions in circle time. Parent participation required. Tumble Bugs Ages I year 6 months — 3 years old Let's move! Music, tumbling challenges, introduction orsimple directions and routines will help your child develop listening and social skills. Tumble Bugs and partners will participate in circle time and obstacle course, tumble, roll, jump and finish with parachute time! Parent participation required. Junior Olympics Ages 3 %a years — 5 years old Girls and boys are taught beginning gymnastic skills through introduction of simple directions and fun stations. Beginning cartwheels, rolls, balance beam, mini trampoline and obstacle courses will be safely introduced. Kartwheel-N-Kids Ages 4 years -6 years old Strength, flexibility, balance, agility and coordination are great skills needed for all sports! Gymnasts build routines and skill on floor tumbling, tine -tune rolls, cartwheels, round -offs, walkovers, handsprings, splits and more! Cheernastics Ages 6 years — 12 years old All levels, welcome! Coaches safely teach stunts, jumps, cheers, arm motions and gymnastics skills. Primary tumbling skills include cartwheels, round offs, handsprings, walkovers and routines. Jammdn' Gymnastics Ages 6 years -- 12 years old Girls and boys build skills on balance beam, mini trampoline, and Floor tumbling, perfecting cartwheels, round -offs, handsprings, backbends, flips and more! A -I INSTRUCTOR: Tumble - N Kids Gymnastics Staff LOCATION: Jerome Center, 726 S. Center St. Santa Ana, CA. 92704. (714) 647-6559 • Gymnastic classes will consist of monthly sessions, hold l day per week, up to 45 minutes to l hour per day. Ages 18 months — 12 years old. INSTRUCTOR: Tumble - N - Kids Gymnastics Staff LOCATION: El Salvador Center, 1825 W Civic Center St. Santa Ana, CA. 92703. (714) 647-6558 • Gymnastic classes will consist of monthly sessions, held l day per week, up to 45 minutes to l hour per day. Ages 18 months — 12 years old. INSTRUCTOR: Tumble - N - Kids Gymnastics Staff LOCATION: Open to other centers and park locations. • Gymnastic classes will consist of monthly sessions, held I day per week, up to 45 minutes to l hour per day. Ages 18 months —12 years old. C. Provider shall provide all materials, supplies, equipment, records and personnel. Provider shall be responsible for cleanup of the facilities and materials and shall ensure the safety and effectiveness of instruction. CLASS SIZE A. Each class must have a minimum of 4 paid students and no more than 15 students B. No registration will be accepted after the second meeting of classes. C. If the minimum registration has not been reached by the second class, the class shall be canceled. Provider will be under no obligation to provide services for the cancelled classes, and the City will have no further obligations to pay Provider compensation for the remaining classes that were cancelled in that session. CLASS FEES A. Each participant shall pay class registration fees as established by City. Provider may not waive class participation/registration fees. C. Only registered participants may participate in class. D. Any refunds to participants will be in accordance with City policy. E. Any materials fee shall be established by mutual agreement of City and Provider and shall be payable directly to Provider, A-2 Orozco, Norma From: City of Santa Ana <certificate-request@ctrax.jdidata.com> Sent: Monday, January 08, 2024 12:18 PM To: Hoang, Julie Subject: Internal Notice of Compliance NOTICE OF COMPLIANCE CITY STAFF: PRINT THIS PAGE AND INCLUDE NVITH AGREEMENT TO THE CLERK OF THE COUNCIL Contractor Tumble-N-Kids, Inc. Name: Project TBD 3 Number: Project RECREATION SERVICES AGREEMENT WITH TUMBLE-N-KIDS FOR Name: GYMNASTICS CLASSES 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 AUTOMOBILE LIABILITY GENERAL LIABILITY GENERAL LIABILITY WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Thank you, City of Santa Ana Risk Management Division in partnership with CTrax Plus Services Team 1/8/2024 3:17 PM POLICY NUMBER EXPIRATION COI DATE FILE NAME DATE WAIVER 01/18/2024 01/24/2023 Waivers.pdf OVE000001IOIPH120661 04/26/2024 04/12/2023 SCAN0173.PDF OVE000001IOIPH120661 04/26/2024 04/12/2023 SCAN0173.PDF MWC012272106 02/14/2024 02/15/2023 EPSON378.PDF NOTICE OF COMPLIANCE CITY W Y "A';CCC. I1111RI C T' I'lll:I Pi 1111AGE AND INCLUDE Ck IT111 1AGREEMENTTOT111I➢C CLERK CSC 1111IE COUNCIL Contractor Tumble-N-Kids, Inc. Name: Project N-2024-002 Number: Project RECREATION SERVICES AGREEMENT WITH TUMBLE-N-KIDS Name: FOR GYMNASTICS CLASSES The Certificate of Insurance (COI) submitted indicates that the coverages comply with the insurance requirements. The compliant coverage(s) are: TYPE OF INSURANCE POLICY NUMBER EXPIRATION COI FILE NAME DATE DATE AUTOMOBILE LIABILITY WAIVER 01/08/2025 01/23/2024 : EPSONI6LPDF GENERAL LIABILITY OVEOOOOOI101PH120661 : 04/26/2024 04/12/2023 : SCAN0173.PDF GENERAL LIABILITY OVEOOOOOI101PH120661 04/26/2024 04/12/2023 SCAN0173.PDF TNK workers WORKERS COMPENSATION AND MWC012272107 02/14/2025 02/14/2024 = comp ins cert EMPLOYERS' LIABILITY City of Santa Ana 2.14.24.pdf .............. No further action is required at this time. Thank you, City of Santa Ana Risk Management Division in partnership with CTrax Plus Services Team 2/15/2024 5:42 PM TUMBINC-01 13CROOK ,a►coR© CERTIFICATE OF LIABILITY INSURANCE DAT/1812 02DIY 318/24 4 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 certiflcate holder Is an ADDITIONAL INSURED, the pollcy(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 richts to the certifirztehQlder in Ilea of such endorsement(%). _ L re n ociateS, Inc. 3 Ft a kum Road Suite 101 Lilburn, GA 30047 Tumble-NAids, Inc. 16802 Lucia Lane Kunt'tngton Reach, CA 92647 iE A"No, ExtJ: FAX LAIC, No); Acevedo AfMDRESS:_---- - -- - 5 1(ORDINtiCOVERAGE Date. 2024.04 j�_j� _ INSURER A: o State National Insurance C_ rnnall}r_._,., m _0"� �0GT INSURER 8: Sirius POlttt INSURER C INSURER 0 : �-INSURERS_;_... _..,........._..._.......__......._.. _.__... _........... C_tlVFRAf;Ffi r__FRTiFIrATF IdIIRNRFR- RFVICInK1 fdl IIUIRFR• NAIC # 12831- . . 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, EXCLU61045 AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN N_ REDUCED BY PAID CLAWS. INSRJ TYPE OF INSURANCE AtlllL 3UBR POLICY NUMBER POLICY EF Y POLICY EXP LIMITS A X COMMERCIAL GENE LABILITY _ 1,000,000 EACH OCCURRENCE $ CLAIMS -MADE X OCCUR X DAMAGE TO RENTED 300,000 X 'OVE-0000411-02 #PH-12111E 4126120Z4 4/2612025 $ X AbuselMolestation ME ELx.PEr (A.- nay a e perso n) 5,000 X $'1M OCC1$2M AGG - . ._...... _.._ 1,00{I,000 1N.RAR GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 3,000,000 X POLICY ��� �, LOG PRODUCTS-COMPlOPAGG ;-$ �1,000,000 OTHER :PROFESSIONAL $IM1$1M PARTICIPANT 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO BODILY INJURY (Per.Person)_ , $ OWNEI) iSCHEDULED - AUTOS ONLY AUTOS BOMLY INJURY {Per accident} .,,$,..,....-. HIRED NON.pWNEO AUTOS ONLY I P OPERTY DAMAGE {er acci ant) $ AUTOS ONLY .._.... I UMBRELLA LIAR OCCUR ! EACH OCCURRENCE__ -- — We CLAIMS -MAD>:,' 1 AGGREGATE _. --, + DEDEXCESI RETENTION $ WORKERS COMPENSATION ANO EMPLOYERS' LIRBILrrY PER OTH- Y 1 N TOR E ECUTIVE :NIA AFY PPpERIM ., E.L,-F�4CH ACCIDENT pI EXCLUi)E - I', , Mandatory in NH) E,L. DISEASE -.FA EMPLOYEE $ If yyas, describe under I DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT B !PARTICIPANT ACCIDENT PHSA-3AMH-10248-24 4/2612024 412612025 'EXCESS COVERAGE 25,000 B ,DEDUCTIBLE $SOD PHSA-BAMH-10248-24 4/2612024 4/26/2025 AD&D 10,000 DESCRIPTION OF OPERATIONS f LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be affached it more space is required) Coverage is provided under this policy for sponsored and supervised activities of the named insured for Which a premium has been paid. Youth Recreational Gymnastics - Mobile Program The Certificate Holder is an additional insured with respect to the operations of the named Insured City of Santa Ana, Risk Management, it's officers, employees, agents, representatives, and volunteers are covered as additional inured. Certificate of Insurance shall provide thirty (30) day prior written notice of cancellation. Coverage is Primary and Non -Contributory. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN !II ACCORDANCE WITH THE POLICY PROVISIONS. Risk Management Division 20 Civic Center Plaza, 4lh Floor Santa Ana, CA 92702 AUTHORIZED REPRESENTATIVE E Kish MougmumtDEYisEan f ° REVIEWED & APPROVED BY. �1 ACORD 25 (2016/03) Q 1988-2015 ACORD CC — �r� Risk Management Specialist The ACORD name and logo are registered marks of ACORD POLICY NUMBER: OVE-0000011-02 #PH-121116 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 20 Civic Center Plaza 4th floor, Santa Ana, CA 92702 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. I 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: I. 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 © Insurance Services Office, Inc., 2012 oR,N a RA ManagementDMsian °� f ' REVIEWED & APPROVED BY. Aezv 1" Risk Management Specialist POLICY NUMBER: OVE-0000011-02 #PH-121116 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL NOTICE OF CANCELLATION (AMENDMENT OF CANCELLATION CONDITION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS 1 COMPLETED OPERATIONS COVERAGE PART SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS and/or SECTION IV - PRODUCTS/COMPLETED OPERATIONS LIABILITY CONDITIONS is amended to include the following additional condition: In the event that we cancel this policy for any reason, other than for the nonpayment of premium, we will provide advance written notice of such cancellation to the entity(ies) or individual(s) shown in the Schedule below in accordance with the number of days stated. SCHEDULE Entity or Individual: Address: Number of Days Advance Written Notice of Cancellation City of Santa Ana Risk Management Division (Other Than 20 Civic Center Plaza 4th floor Nonpayment of Santa Ana, CA 92702 Premium): 30 oR,N a RA ManagementD'Mslcrn f °; REVIEWED & APPROVED BY: � °Afg Aezv CG-GL-CW-0031 (12/20) Includes material copyrighted by ISO Properties, Inc., with its permis -MIRRIP 105k Management Specialist POLICY NUMBER: OVE-0000011-02 #PH-121116 COMMERCIAL GENERAL LIABILITY CG24041219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person(s) Or Organization(s): City of Santa Ana Risk Management Division 20 Civic Center Plaza 4th floor, Santa Ana, CA 92702 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. CG 24 04 12 19 © Insurance Services Office, Inc., 2018 oR,N a Risk ManagementDMsian °� f ' REVIEWED & APPROVED BY: Aezv 1" Risk Management Specialist