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HomeMy WebLinkAboutASIAN AMERICAN SENIOR CITIZENS SERVICES CENTER (AASCSC)INSURANCE ON FILE WORK MAY PROCEED UNTIL INSUR NCE EXPIRES CITY CLERK DATE: MAR 2 7 2024 N-2024-107 0 ?VL SP Ct) PARTNERSHIP AGREEMENT WITH ASIAN AMERICAN SENIOR CITIZENS (C. SERVICES CENTER (AASCSC) FOR 2024 TITLE LEVEL PARTNERSHIP THIS PARTNERSHIP AGREEMENT ("Agreement") is made and entered into this 1 st day of February 2024 by and between Asian American Senior Citizens Services Center (AASCSC) ("Partner"), a California non-profit corporation, 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"). RECITALS A. The City is producing multiple events throughout 2024 and desires to retain partners for such City events. B. Partner represents that it is able and willing to enter into a partnership for City events. C. In undertaking the performance of this Agreement, Partner represents that it is knowledgeable in its field and that any activities conducted by Partner under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional firm in such field. 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. PARTNER BENEFITS In exchange for the consideration specified in Section 3 below, Partner shall be entitled to the benefits at the City events as described in Exhibit A ("Events"), attached hereto and incorporated by reference. Partner grants to City the right to use Partner's trademark(s), trade name(s), logo designs and company descriptions ("Marks") as prepared and delivered to City by Partner in any medium of advertising, marketing materials, and/or promotional goods distributed in conjunction with the Events and in accordance with Partner's usage guidelines. The manner and display of Partner's Marks must be specifically approved in writing and in advance by an authorized representative of Partner. 2. CITY RESPONSIBILITIES In exchange for the benefits specified in Section 1 above and for the consideration specified in Section 3 below, City shall be obligated to provide and perform the responsibilities as described in Exhibit A. 3. PARTNERSHIP CONSIDERATION For its participation as a Partner for the Events, Partner shall provide to the City in -kind contributions valued at Thirty -Five Thousand Dollars and Zero Cents ($35,000) as further described in Exhibit A. Partner shall not be entitled to the partnership benefits under this Page 1 of 6 Agreement, or to otherwise participate in the Events, if Partner fails to provide the in -kind contributions described in Exhibit A. 4. TERM This Agreement shall commence on the date stated above and terminate on January 31, 2025, unless terminated as otherwise provided in this Agreement. 5. INDEPENDENT CONTRACTOR Partner 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 Partner performs the services which are the subject matter of this Agreement; however, the services to be provided by Partner shall be provided in a manner consistent with all applicable standards and regulations governing such services. Partner shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. INSURANCE During the term of this Agreement, Partner shall maintain and shall require its subcontractors or agents, if any, to obtain and maintain insurance as described in Exhibit B. INDEMNIFICATION To the fullest extent permitted by law, Partner shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively, the "City Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a "Claim"; collectively, "Claims"), which may arise from or in any manner are related (directly or indirectly) to Partner's breach of this Agreement or Partner's presence or activities at the Event (including the negligent and/or willful acts, errors and/or omissions of Partner, its principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Partner to indemnify the City Indemnified Parties from any claim arising from the negligence or willful misconduct of the City Indemnifed Parties. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Partner. Page 2 of 6 8. CONFIDENTIALITY If either party receives from the other party information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, the receiving party 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. 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 the receiving party disclosed in a publicly available source; (c) is in rightful possession of the receiving party without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Partner without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Each party covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. 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 facsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Cleric of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax:714-647-6956 Copies to: Parks, Recreation & Community Services Agency City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, California 92702 Page 3 of 6 To Partner: Asian American Senior Citizens Services Center Attn: Jennifer S. Wang, Executive Director 850 N. Birch Street Santa Ana, CA 92701 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. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Partner 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 Partner. 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 Partner 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 are not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Partner, Partner 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 partners retained by City. 13. CANCELLLATION OR TERMINATION a. If, because of war, fire, strike, civil strife, government regulation, natural catastrophe, an act of terrorism or public enemy, an act of God, or any reason beyond the reasonable control of City, the Event or any part thereof is prevented from being held or is cancelled by City, City, in its sole discretion, shall determine and refund to the Partner its proportionate share of the balance of the aggregate partner fees received that remain after deducting actual expenses incurred by City. In no case shall the amount of the refund to the Partner exceed the amount of the fee paid. City reserves the right to cancel any portion of the Event as it deems necessary and Page 4 of 6 appropriate and in such event, shall refund to the Partner the applicable share of Partner fees applicable to such cancelled portion of the Event. b. Cancellation by the Partner will be accepted only in writing. In the event of cancellation by Partner, not due to an event in section 13(a) of this Agreement or City's breach of this Agreement, Partner will remain obligated for 100% of the partnership fee, and City will retain the right to seek and retain an alternate partner in City's sole discretion. 14. NONDISCRIMINATION Partner shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or any activities in connection with this Agreement. Partner affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. 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 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 connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Partner shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary 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. Partner 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, authority 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 5 of 6 SIGNATURE PAGE FOR PARTNERSHIP AGREEMENT WITH ASIAN AMERICAN SENIOR CITIZENS SERVICES CENTER (AASCSC) FOR 2024 TITLE LEVEL PARTNERSHIP IN WITNESS WHEREOF, the parties hereto have executed this Partnership Agreement the date and year first above written. A TTFQT- APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: tendon Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL: Executive Community Services Agency CITY OF SANTA ANA Aw-AW omas R. Hatch Interim City Manager /0 Name:JennlferS. Wang Title: Executive Director Page 6 of 6 EXHIBIT A Santa Ana Pa+& "W Ra"4&o. Program overview: CITY OF SANTA ANA Parks, Recreation, & Community Services Agency 2024 Annual Title Level Partnerships Asian American Senior Citizens Service Center Asian American Senior Citizens Service Center (AASCSC) will be providing $35,000 value of in - kind contributions to the City of Santa's Parks, Recreation, and Community Services Agency (PRCSA) as an annual Title Level Partner to participate in planning efforts for three city-wide standard events and two city-wide premium events. In exchange, PRCSA will provide Recreation Center space for approved free community enrichment programs, marketing recognition, and designated exhibitor space. The allowable activations will provide opportunities for city-wide community engagement, distribution of information, interactive activities, and giveaways for participants. An annual Title Level Partnership streamlines participation in PRCSA events and allows for additional collaborative opportunities with an in -person presence in Santa Ana events and programs on a regular basis. AASCSC physical activations will be included at the following: • Premium Event (6,000+ attendees) o Santa Ana Fourth of July Celebration • Thursday, July 4, 2024 • Centennial Park o Fiestas Patrias September 14-15, 2024 • Flower Street • Standard Events and Programs: o Tet (Lunar New Year) Festival • Saturday, February 3, 2024 • Centennial Park o International Older Adults Celebration • Friday, September 27, 2024 • Jerome Park o Mid -Autumn Festival • Saturday, October 5, 2024 • Centennial Park o Invitations for AASCSC to participate and lead enrichment programs at Recreation and Senior Centers, during mutually agreed upon times, with final content approval by designated Community Services Supervisor AASCSC responsibilities: • A value of $35,000 in -kind contributions will be made up of staffing and volunteer assistance, event food and beverage, event supplies, consultation fees, event supplies, translation services, and enrichment programs o $22,500 of in -kind contributions towards Te-t (Lunar New Year) Festival and Mid - Autumn Festival • AASCSC staff cultural consultation and administrative fee: $10,000 THE CITY OF SANTA ANA 20 Civic Center Plaza - 2nd Floor Santa Ana. CA 02701 (1-14) 571-4200 - Web Site- v�wvw santa-ana crg,'dec-it tments,parks -recreation • AASCSC staff for day -of event: $2,500 • Event volunteer shirts: $4,000 • Food and beverage for event volunteers: $4,000 • Event decor supplies: $1,000 • Event activity supplies: $1,000 o $2,500 of in -kind contributions towards Chinese translation services for marketing materials o $10,000 of in -kind contributions towards a minimum of five enrichment programs at Centers AASCSC's booth footprint (10'x20') and booth supplies for all five events with participant activity and giveaways AASCSC grants PRCSA the right to use Partner's trademark(s), trade name(s), logo designs and company descriptions as prepared and delivered to City by Partner in any medium of advertising, marketing materials, and/ or promotional goods distributed in conjunction with the Event and in accordance with the Partner's usage guidelines. PRCSA responsibilities: • Title Partner Level inclusions for all five events o Designated exhibitor space (10'x20') during the event(s) o Stage mention at event(s) o Day -of event(s) social media acknowledgment in form of a story on @santanaparks o Social media acknowledgment in caption of recap event(s) post on @santaanaparks o Designated advertising printed signage provided by PRCSA with AASCSC advertisement, marks, and/ or reference, as supplied by AASCSC, on signage as appropriate for the individual event that may include, but is not limited to stage banner(s), 24"x36" A-frame(s), photography backdrop, etc. o Inclusion of AASCSC advertisement, marks, and/ or reference, as supplied by AASCSC, on signage as appropriate for the individual event that may include, but is not limited to main event marketing materials with logo placements, such as fliers, posters, day -of signage, and event website subpage(s). o Partnership recognition in event(s) press release • AASCSC advertisement, marks, and/ or reference, as supplied by Partner, with link optional taglines, and partnership identification, (the "Internet Marks"), linking to designated AASCSC website, as provided by Partner, from highly visible locations sitewide on City' s official website, www.santa-ana.org/annual-partners-and-sponsors/ AASCSC will also receive partnership identification on each of the event website subpages on the City's official website. The Internet Marks will be placed and provided by City upon content approval of Partner. The Internet Marks will be active and accessible to the general public upon execution of this Agreement through the end of Agreement term. • Provide Recreation Center space, during regular and available operating hours, for AASCSC to participate in program services by proving free community enrichment programs at City operated Recreation Centers when City staff are on site. AASCSC programs and workshops provided by AASCSC must be approved by Center Supervisor and provide overall community benefit. THE CITY OF SANTA ANA 20 Civic Center Plaza 2nd Floor Santa Ana. CA 92701 (714) 571-4200 - Web Site wwsv santa-ana org,'departments,parks-recreation EXHIBIT B EXHIBIT B Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance, as described below, for the entire Term of this Agreement, against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Contractor. MINIMUM SCOPE AND LIMIT OF INSURANCE 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01covering 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 and $2,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies. 2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1(any auto), with limits no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident, policy or employee, for bodily injury or disease. 4. Property Insurance: Contractor shall obtain and keep in force during the term of this Agreement a policy or policies of insurance covering all risks of loss or damage to Contractor's contents, inventory, equipment, and for any improvements or betterments located in, on, or upon the License Area, in the amount of at least one hundred percent (100%) of the full replacement value thereof, as the same may exist from time to time, with no coinsurance penalty provision. Coverage to include all perils within the classification of fire, extended coverage endorsement, vandalism, and malicious mischief endorsement. If Contractor maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions The above required insurance policies are to contain or be endorsed to contain the following provisions: 1. City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Instructor including materials, parts, equipment, and personnel furnished in connection with such work or operations. 2. Contractor's Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Contractor under this Agreement. 3. For any claims related to this contract, Contractor's insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. 4. A severability of interest provision must apply for all the additional insureds, ensuring that Contractor's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. 5. Insurance policy(ies) required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non -renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written shall be provided to City for policy cancellation or non -renewal due to non- payment. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City. Verification of Coverage Contractor shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Contractor's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Special Events Coverage Special events coverage is available and can be purchased by Contractor. Use this link to learn more: www.2sparta.com. 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. Partnership Agreement_AASCSC (2024)_F I NAL_1.27.24 Final Audit Report 2024-02-09 Created: 2024-01-31 By: Stephanie Garcia (SGarcia5@santa-ana.org) Status: Signed Transaction ID: CBJCHBCAABAAvcjp9zSLdOnGIrFaGpHwFr8NFiZdLU4a "Partnership Agreement_AASCSC (2024)_FINAL_1.27.24" Histo ry Document created by Stephanie Garcia (SGarcia5@santa-ana.org) 2024-01-31 - 4:37:16 PM GMT- IP address: 209.59.253.210 P4 Document emailed to eunice.chow@aascsc.org for signature 2024-01-31 - 4:37:45 PM GMT Email viewed by eunice.chow@aascsc.org 2024-02-01 - 5:28:11 AM GMT- IP address: 98.163.41.139 Cy New document URL requested by eunice.chow@aascsc.org 2024-02-09 - 0:15:19 AM GMT- IP address: 98.154.94.66 Email viewed by eunice.chow@aascsc.org 2024-02-09 - 9:00:10 PM GMT- IP address: 172.56.187.53 b© Signer eunice.chow@aascsc.org entered name at signing as Jennifer S. Wang 2024-02-09 - 9:10:05 PM GMT- IP address: 98.154.94.66 b© Document e-signed by Jennifer S. Wang (eunice.chow@aascsc.org) Signature Dale: 2024-02-09 - 9:10:07 PM GMT - Time Source: server- IP address: 98.154.94.66 Agreement completed. 2024-02-09 - 9:10:07 PM GMT Q Adobe Acrobat Sign ACORO® CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDA'YYY) 1 1114.,/ 03/07/2024 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 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 rights to the certif ate hplder in lieu,of such ep4orsemilinI D rbin n I II rte vices Acevedo PH(650) 412-7542 F (650) 488-8566 C IN Ext: AIC. No: 777 Marine land Blvd. f!—'f15 E-MAIL pauline.durbin@newfmnt.wm ADDRESS: ite 250 Date: 2024.03 ERB AFFORDING COVERAGE NAIC# INSURERA: Nonprofits' Insurance Alliance CA P4404 ateextedo INS E INSURER B : State Comp. Ins. Fund 35076 Asian American Senior Citizens Service Center, Inc INSURER C : Underwriters at Lloyd's, London 0000 850 North Birch Street INSURER O: NSURERE: Santa Ana CA 92701 INSURER F: COVERAGES CERTIFICATE NUMBER: CL2310156951 REVISION NtINI 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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 BUSH Me POLICY NUMBER POLICY EFF MMIDDhNYY) POLICY EXP IMMfDDA`YYYI LIMITS x COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ® OCCUR EACH OCCURRENCE $ 1,000,000 PREMISES Ea occurrence $ 500,000 MED EXP Any one person) $ 20,000 PERSONAL &ADV INJURY $ 1,000,000 A Y Y 2023-01391 06/05/2023 06/05/2024 GEN'LAGGREGATE LIMITAPPLIES PER: POLICY ❑ JECPRO❑ ECT LOC GENERALAGGREGATE $ 3,000,000 PRODUCTS - COMPIOPAGG $ 3,000,000 $ OTHER AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident) $ 1.000,000 BODILY INJURY (Per person) $ ANYAUTO A OWNED SCHEDULED AUTOS ONLY AUTOS 2023-01391 06/05/2023 06/0512024 BODILY INJURY (Per accident) $ X HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Per accident) $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE OEO I I RETENTION $ S B WORKERS COMPENSATION AND EMPLOYERS' LIABILITYYIN ANY PROPRIETORIPARTNEWEXECUTIVE ❑ OFFICERIMEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION antler DESCRIPTION OF OPERATIONS below NIA Y 9100741-23 10/0112023 10/01/2024 X PER OTH- STATUTE I I ER E.L. EACH ACCIDENT $ 1,000.000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE -POLICY LIMIT $ 1,000,000 C Cyber Liability ESM0139762497 09/01/2023 09/01/2024 Limit Ded.: $1,000,000 $2,500 DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Insr Ltr:A: Sexual Conduct Liability coverage; Policy #2023-01391; Policy Eff. dates: 06105/2023-06/05/2024; Limit: Each Claim: $1,000,000; Aggregate: $1,000,000 Insr Ltr:A: Social Services Professional Liability; Policy #2023-01391; Policy Eff. dates: 06/05/2023-06/05/2024: Each Event: $1,000,000: Each Aggregate: $2,000,000 City of Santa Ana is included as additional insured on General liability policy per the attached form. General liability Coverage is primary and non-contributory per the attached form. Waiver of Subrogation applies to General Liability and Worker's Compensation policies per the attached forms City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PRO' o❑ .e4; a g, �. Risk Man#ganadDividan ReAEWED&APPRrH®BY: A-jr�, A&*44 �� Of Risk Management Specialist ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 2023-01391 COMMERCIAL GENERAL LIABILITY Named Insured: Asian American Senior Citizens Service Center, Inc. CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Any person or organization that you are required to All insured premises and operations. add as an additional insured on this policy, under a written contract or agreement currently in effect, or becoming effective during the term of this policy. The additional insured status will not be afforded with respect to liability arising out of or related to your activities as a real estate manager for that person or organization. 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" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 12 19 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. © Insurance Services Office, Inc., 2012 Risk M"agemattDlWton •. RFme &APPROVED er. , A+-�, Acuvu(o Risk Management SpeaAbt 4 01 auu i vi i POLICY NUMBER: 2023-01391 COMMERCIAL GENERAL LIABILITY Named Insured: Asian American Senior Citizens Service Center, Inc. CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED 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) I Location(s) Of Covered Operations Any person or organization that you are required to add as an additional insured on this policy, under a written contract or agreement currently in effect, or becoming effective during the term of this policy. The additional insured status will not be afforded with respect to liability arising out of or related to your activities as a real estate manager for that person or organization. All insured premises and operations. 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: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. 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 additional exclusions apply: This insurance does not apply to "bodily injury' or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or Ri kntan.ganwroMro^ �� Risk Management SpedMist - CG 20 10 12 19 © Insurance Services Office, Inc., 2012 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. 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. „ems RWe A�artogemrntAviYon .Gtv, NEVI By: A-fg & w44 Ruk Management Spem:Yist CG 20 10 12 19 © Insurance Services Office, Inc., 2012 NONPROFITS INSURANCE -� ALLIANCE OF CALIFORNIA A Head for Insurance. A Heart for Nonprofits. POLICY NUMBER: 2023-01391 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT FOR PUBLIC ENTITIES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: A. Section II —WHO IS AN INSURED is amended to include: 4. Any public entity as an additional insured, and the officers, officials, employees, agents and/or volunteers of that public entity, as applicable, who may be named in the Schedule above, when you have agreed in a written contract or written agreement presently in effect or becoming effective during the term of this policy, that such public entity and/or its officers, officials, employees, agents and/or volunteers be added as an additional insured(s) on your policy, but only with respect to liability for "bodily injury', "property damage' or "personal and advertising injury" caused, in whole or in part, by: a. Your negligent acts or omissions; or b. The negligent acts or omissions of those acting on your behalf; in the performance of your ongoing operations. No such public entity or individual is an additional insured for liability arising out of the sole negligence by that public entity or its designated individuals. The additional insured status will not be afforded with respect to liability arising out of or related to your activities as a real estate manager for that person or organization. B. Section III — LIMITS OF INSURANCE is amended to include: 8. The limits of insurance applicable to the public entity and applicable individuals identified as an additional insured(s) pursuant to Provision A.4. above, are those specified in the written contract between you and that public entity, or the limits available under this policy, whichever are less. These limits are part of and not in addition to the limits of insurance under this policy. C. With respect to the insurance provided to the additional insured(s), Condition 4. Other Insurance of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced by the following: 4. Other Insurance a. Primary Insurance This insurance is primary if you have agreed in a written contract or written agreement: (1) That this insurance be primary. If other insurance is also primary, we will sh other insurance as described in c. below; or Risk Mancw gott Division \� RenPPemD&ABy a : L 1!!ll_I Xf, Aaaala ®' Risk Management Specialist NIAC-E61 02 19 NONPROFITS INSURANCE ALLIANCE OF CALIFOAN IA A Head for Insurance. A Heartfor Nonprofits. POLICY NUMBER: 2023-01391 (2) The coverage afforded by this insurance is primary and non-contributory with the additional insured(s)' own insurance. Paragraphs (1) and (2) do not apply to other insurance to which the additional insured(s) has been added as an additional insured or to other insurance described in paragraph b. below. b. Excess Insurance This insurance is excess over: 1. Any of the other insurance, whether primary, excess, contingent or on any other basis: (a) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (b) That is fire, lightning, or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (c) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises temporarily occupied by you with permission of the owner; or (d) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of SECTION I — COVERAGE A— BODILY INJURY AND PROPERTY DAMAGE. (e) Any other insurance available to an additional insured(s) under this Endorsement covering liability for damages which are subject to this endorsement and for which the additional insured(s) has been added as an additional insured by that other insurance. (1) When this insurance is excess, we will have no duty under Coverages A or B to defend the additional insured(s) against any "suit" if any other insurer has a duty to defend the additional insured(s) against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured(s)' rights against all those other insurers. (2) When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self -insured amounts under all that other insurance. (3) We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Methods of Sharing If all of the other insurance available to the additional insured(s) permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any other the other insurance available to the additional insured(s) does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. NIAC-E61 02 19 Risk MwaganadWslua REVIEWED♦k APPRW EIr Risk Management Specialist aye: c V. c NONPROFITS POLICY NUMBER: 2023-01391 FORM: NIAC-E26 11 17 INSURANCE NAMED INSURED: Asian American Senior Citizens Service Center, Inc. ALLIANCE OF CALIFORNIA A Head for Insurance. A Heartfor Nonprofits. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SOCIAL SERVICE PROFESSIONAL LIABILITY COVERAGE FORM Name of Person or Organization: Where you are so required in a written contract or agreement currently in effect or becoming effective during the term of this policy, we waive any right of recovery we may have against that person or organization, who may be named in the schedule above, because of payments we make for injury or damage. NIAC-E26 11 17 Risk MRrug9mettDiW IM a 'P_ RtmE & APPROVED BY: A-p Amara Risk Management Spea Aht or L4&lz•1:flAurL=PLk era �i BROKER COPY WAIVER OF SUBROGATION HOME OFFICE SAN FRANCISCO EFFECTIVE OCTOBER 1, 2023 AT 12.01 A.M. ALL EFFECTIVE DATES ARE AND EXPIRING OCTOBER 1, 2024 AT 12.01 A.M. AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME AASCSC 850 N BIRCH ST SANTA ANA, CA 92701 9100741-23 RENEWAL NA 1-81-08-39 PAGE 1 OF 3 ANYTHING IN THIS POLICY TO THE CONTRARY NOTWITHSTANDING, IT IS AGREED THAT THE STATE COMPENSATION INSURANCE FUND WAIVES ANY RIGHT OF SUBROGATION AGAINST, CITY OF SANTA ANA WHICH MIGHT ARISE BY REASON OF ANY PAYMENT UNDER THIS POLICY IN CONNECTION WITH WORK PERFORMED BY, AASCSC IT IS FURTHER AGREED THAT THE INSURED SHALL MAINTAIN PAYROLL RECORDS ACCURATELY SEGREGATING THE REMUNERATION OF EMPLOYEES WHILE ENGAGED IN WORK FOR THE ABOVE EMPLOYER. IT IS FURTHER AGREED THAT PREMIUM ON THE EARNINGS OF SUCH EMPLOYEES SHALL BE INCREASED BY 03%. NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEI-- _ - -- LIMITATIONS OF THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAANN FFRRANCISCO: OCTOBER 2570 AUTHORIZED REPRESEN'2 TFYfIVE SCIF FORM 10217 (REV.7-2014) 4, 2023 /� ,� ,Gd- eeaa. � RiekMmcgementDisivlan BEMEwEo&MPROV®BV: Risk Management Spetlalist PRESIDENT AND CEO OLD DP 217