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HomeMy WebLinkAboutWILD WONDERS, INC. INSURANCE ON FILE WORK MAY PROCEED N-2024-213 UNTIL INSURANCE EXPIRES 9 SI 01-oy4_ CITY CLERK `A 1v , DATE: JUL 01 2024 • G,�Aa��^�J�-�Ind .�' ■ June 5,2024 Wild Wonders,Inc.("Speaker/Performer") Attn: Jacquelyn Navarro 5712 Via Montellano Bonsall,CA 92003 Re: Speaker/Performer Engagement Agreement This letter represents your agreement with the City of Santa Ana ("City") as entered into on the above date for the engagement described below: 1. Event Description:As further described in Exhibit A,attached hereto,Speaker/Performer shall provide live animal programming. 2. Date(s): Wednesday,July 10,2024 3. Event Time(s): 6:00 p.m.—6:45 p.m. 4. Location("Property"): Newhope Library, 122 N.Newhope, Santa Ana,CA 92703 5. Compensation: An amount not to exceed $650.00 (payable by check within 30 calendar days of event); Speaker/Performer must provide IRS form W-9 before payment can be made. 6. Provided by City: space for the event(s),microphone,projector,tables and chairs. 7. Provided by Speaker/Performer: Insurance as further detailed in Exhibit B and all other equipment and materials necessary. 8. City Contact Person(for coordinating purposes only): Maria Sepulveda x5265 9. Independent Contractor: Speaker/Performer 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 Speaker/Performer performs the services that are the subject matter of this Agreement; however, the services to be provided by Speaker/Performer shall be provided in a manner consistent with all applicable standards and regulations. Speaker/Perfonner 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. 10. Indemnification: Speaker/Performer,his or her agents,or employees(if applicable) agrees to and shall indemnify, defend,and hold harmless the City,its officers,agents,employees,consultants,special counsel,and representatives from and against all loss, expenses, or liability (including costs and attorney's fees)arising from the negligence or willful misconduct of Speaker/Performer,his or her agents,or employees. 11. Release: Speaker/Performer accepts any City-provided equipment used in connection with the performance in their "as-is" condition, with all faults. Speaker/Performer fully releases, waives and discharges forever any and all claims,demands,rights,and causes of action of any kind or nature against,and covenants not to sue,City,its elected officials,officers,employees,agents and volunteers,and all persons acting on behalf of,by,through or under each Speaker Agreement—Wild Wonders, Inc. Page 2 of them,under any present or future laws,statutes,or regulations for any claim or event relating to the condition of the City-provided equipment or Speaker/Performer's use thereof. 12_ The City shall have the right and royalty-free license to simulcast or produce and show a tape-delayed broadcast of Speaker/Performer's presentation to the City community or general public, through webcast or any other means. This license shall be non-exclusive and the copyright shall remain with the Speaker/Performer. Copies of Speaker/Performer's presentation may be maintained by the City, and Speaker/Performer consents to use of such recordings. 13. Speaker/Performer is solely responsible for payment of royalty fees,performance fees, or similar fees that may be required by unions or similar organizations. Speaker/Performer shall indemnify the City against any liability or damages, including attorney's fees,that may arise as a result of violation by Speaker/Performer of copyright laws. 14. Speaker/Performer shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, disability, or any other basis protected by applicable law in connection with any activities related to this Agreement. 15. This Agreement shall in all respects shall be interpreted,enforced,and governed exclusively by and under the laws of the state of California. Both parties 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. This Agreement represents the complete and exclusive statement between the City and Speaker/Performer regarding the subject matter herein and supersedes any and all other agreements, oral or written, between the parties. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Speaker/Performer. CITY OF SANTA A SPEAKER/PERFORMER AVIA Alvaro Nunez Jacquelyn Navarro Acting City Manager ATT ST: (4/ APPROVED AS TO FORM: 4 .. By: en r L. .lV' • ;. Btardon Salvatierra Ci lerk Deputy City Attorney RECOMMENDED FOR APPROVAL Brian Stec nber n 6..202,4 12:00 PDT) Brian Sternberg Library Services Director Library Services N-2024-213 EXHIBIT A Exhibit A SCOPE OF SERVICES VENDOR INFORMATION: Wild Wonders Wild Wonders 5712 Via Montellano Bonsall, CA 92003 Telephone: (760) 630-9230 Email: wildwonders@att.net EVENT(S): Walk on the Wild Side Animal Show LOCATIONS: All Library facilities including but not limited to facilities listed below. • Main Library, 26 Civic Center Plaza, Santa Ana CA 92701 • Newhope Library, 122 N. Newhope Street, Santa Ana CA 92703 TERM: July 10, 2024 COMPENSATION:Not to exceed$650.00 DESCRIPTION: This vendor will provide an animal program on Wednesday, July 10,2024 (6:00 pm-6:45 pm) at the Newhope Library located at 122 N.Newhope Street, Santa Ana, CA 92703. The total amount for this agreement shall not exceed$650.00. The City will be responsible for setting up the space for the patrons attending, and advertising the program. Vendor will be responsible for providing all equipment, materials, supplies and personnel necessary to perform the act. City staff will be present at all times during the performance. EXHIBIT B Exhibit B Speaker/Performer shall procure and maintain for the duration of the Agreement and shall require any subcontractors to obtain and maintain the following insurance coverages: a. Minimum Scope and Limit of Insurance 1. Commercial General Liability(CGL): Insurance Services Office(ISO)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 and $2,000,000 aggregate. 2. Automobile Liability (AL): ISO Form CA 00 01 covering Code 1 (any auto), with combined single limits of$1,000,000. 3. Workers' Compensation: As required by the State of California,with statutory limits, and employer's liability insurance with a limit of no less than $1,000,000 per accident, per employee,per policy for bodily injury or disease. This requirement can be waived if Speaker/Performer has no employees. 4. Sexual Abuse or Molestation Liability(SAML): If the CGL policy referenced above is not endorsed to include affirmative coverage for sexual abuse or molestation, Speaker/Performer shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit of no less than$1,000,000 per occurrence or claim. 5. Broader Coverage: if the Speaker/Performer 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 Speaker/Performer. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. b. Other Insurance Provisions 1. Additional Insured Status: The City, its officers,officials,employees, and volunteers are to be covered as additional insureds on the CGL, AL, and SAML policy(ies) with respect to liability arising out of work or operations performed by or on behalf of the Speaker/Performer including materials, parts, or equipment furnished in connection with such work or operations. 2. Waiver of Subrogation. Speaker/Performer shall require its insurance company(ies) to waive all rights of subrogation against City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which may arise from work performed by Speaker/Performer under this Agreement. This provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. 3. Primary Coverage. For any claims related to the Agreement,the Speaker/Performer's insurance coverage shall be primary and any insurance maintained by City of Santa Ana, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. 4. Severability. A severability of interest provision must apply for all the additional insured, ensuring that Speaker/Performer'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. Cancellation: 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 notice shall be provided to City for policy cancellation or non-renewal due to non-payment. 6. Certificate Holder: The certificate holder on each evidence of insurance certificate shall be: City of Santa Ana, Attention: (name of responsible staff), 20 Civic Center Plaza M-XX(responsible staffs Department mail box), Santa Ana,CA 92701. The name and location of event should be included in the description of operations section of each certificate. c. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. d. Verification of Coverage: Speaker/Performer 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 allpolicy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Speaker/Performer'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. e. Special Events Coverage: Special events coverage is available and can be purchased by Speaker/Performer. Use this link to learn more: www.2sparta.com. f. Special Risks or Circumstances: City reserves the right to modify these requirements at any time, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. os ACC CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 05/04/2024 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 policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME SHAHINIAN INSURANCE SERVICES,INC. (NCC.No,Ext): 714-544-3963 FAX.No): 801 PARKCENTER DR.#101 E-MAILSS: DOROTHYi SHAHINIAN.COM SANTA ANA CA 92705 INSURER(S)AFFORDING COVERAGE NAIC# PHONE(800)457-2231 I INSURANCE@SHAHINIAN.COM INSURER A: MkRKEI,INSURANCE CO . 3897 WILD WONDERS, INC. INSURERB: _ Digitally signed 5712 VIA MONTELLANO • INSURER C: BONSALL CA 92003 INSURER D: Angie INSURER E: by A INSURER F: COVERAGES C RTIFI A N MB • 28 98 REVISION UMBER:Y THIS IS TO INDICATED.CERTIFY THAT THE NOTWITHSTANDING POLICIES REQUIREMENT, TERM OR CONDITION OF ANY CO TF ISSUE' .CTOOF< i.CAL 1'�I 1�i'SPELT TO•R THE LICY PERIOD WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY P 'TAIN, THE INSURANCE AFFORDED BY T Pi _ICIES DE. "RIBED HEREIN IS UBJ CT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH-i CIES.LIMITS SHOWN MAY HAVE BEEN RED ` J BY PAID CLi,. 'S. INSR • TYPE OF INSURANCE la - •l T! Y* •,I .,i'� 7 • IT: 17e4— A X COMMERCIAL GENERAL LIABILITY '/L'001w.01 1,I;11 9 1y=�rJ 4 •• 4O S !0 DAMAGE 1 v RENTED CLAIMS-MADE X OCCUR PREMISES Ea occurrence)) $ 300 000 12•Q9 (A ers_ny ) S Q(Y000 OR INJUR 0,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 5,000,000 X POLICY JE LOC PRODUCTS-COMP/OP AGG $ 5,000,000 OTHER: PART LGL LIAB S NC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident)- S ANY AUTO BODILY INJURY(Per person) S ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ HIRED AUTOS NON-OWNED PROPERIYDAMAGE $ AUTOS (Per accident) S UMBRELLA LIAB OCCUR EACH OCCURRENCE $ - EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ - $ WORKERS COMPENSATION PtH UIH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT S OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) LOCATION:ANIMAL PRESENTATIONS CITY OF SANTA ANA, ITS CITY COUNCIL, ITS OFFICERS, OFFICIALS, EMPLOYEES,AGENTS AND VOLUNTEERS ARE NAMED AS ADDITIONAL INSURED CERTIFICATE HOLDER CANCELLATION CITY OF SANTA ANA SHOULD ANY OF THE ABOVE DESCRIRFn prtl Ir.IFA RP r•.enMCcl I Fn RFFnRF THE EXPIRATION DATE THEREOF 20 CIVIC CENTER PLAZA ACCORDANCE WITH THE POLICY PRO ,.w f o Risk Managment Division SANTA ANA CA 92701 REVIEWED&APPROVED BY: AUTHORIZED REPRESENTATIVE 51 A q -_-t o/` i/, :®'•. r7 r'7GWr0�a '/r er%i� Risk Management Specialist I Ar�AI nrpnAlglnICONITA_AAIA r tpo. J ~ ©1988-2014 ACORL� w vrcru cl Ivry. An rignos leservea.\ ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: MKP0000501090800 COMMERCIAL GENERAL LIABILITY CG20260413 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, ITS CITY COUNCIL, ITS OFFICERS, OFFICIALS, EMPLOYEES, AGENTS AND VOLUNTEERS THIS INSURANCE DOES NOT APPLY TO STRUCTURAL ALTERATIONS, NEW CONSTRUCTION OR DEMOLITION OPERATIONS PERFORMED BY OR FOR THAT PERSON(S) OR ORGANIZATION(S); ANY DESIGN DEFECT OR STRUCTURAL MAINTENANCE OF THE PREMISES; OR ANY PREMISES DEFECT. 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 B. With respect to the insurance afforded to these as an additional insured the person(s) or additional insureds, the following is added to Section organization(s) shown in the Schedule, but only with III—Limits Of Insurance: respect to liability for "bodily injury", "property If coverage provided to the additional insured is damage" or"personal and advertising injury" caused, required by a contract or agreement, the most we will in whole or in part, by your acts or omissions or the pay on behalf of the additional insured is the amount acts or omissions of those acting on your behalf: of insurance: 1. In the performance of your ongoing operations; or 1. Required by the contractor agreement; or 2. In connection with your premises owned by or 2. Available under the applicable Limits of Insurance rented to you. shown in the Declarations; However: whichever is less. 1. The insurance afforded to such additional insured This endorsement shall not increase the applicable only applies to the extent permitted by law; and Limits of Insurance shown in the Declarations. 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. 0 0_ Risk Mxnagestatt Dtvi ion I� REVIEWED&APPROVED BY: 1lII`� A &maie+ Risk Management Specialist CG 20 26 0413 ©Insurance Services Office, Inc., 2012 Page 1 of 1 Policy No MKP0000501090800 COMMERCIAL GENERAL LIABILITY EL MARKEL INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY PRIME PLUS ENHANCEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following coverages and extensions are added to this policy as detailed below. With respect to any coverage provided by this endorsement, if higher limits are provided on any other schedule, declarations, or endorsement attached to this policy,then the limits and coverage provided by this endorsement do not apply for that coverage. SCHEDULE Extended Property Damage—Expected Or Intended Injury Included Non-Owned Watercraft Increased to 58 feet long Non-Owned Aircraft If rented or loaned with a paid crew Property Damage To Borrowed Equipment $10,000 Each Occurrence Property Damage To Customers'Goods $10,000 Each Occurrence Damage To Premises Rented To You $300,000 Each Occurrence, unless a higher limit is shown on the Declarations Property Damage From Elevator Use Included Personal And Advertising Injury From Televised Or Videotaped Included(Unless excluded) Material Supplementary Payments Bail Bonds Up To$2,500 Loss Of Earnings Up To$500 A Day Additional Coverages Emergency Real Estate Consulting Fees $25,000 Aggregate Identity Theft Expenses $25,000 Aggregate Key Individual Replacement Expenses $50,000 Aggregate Lease Cancellation Moving Expenses $2,500 Aggregate Temporary Meeting Space Reimbursement $25,000 Aggregate Terrorism Travel Reimbursement $25,000 Aggregate Workplace Violence Counseling $25,000 Aggregate Medical Personnel $100,000 Any One Person Broadened Definition Of Insured Included Duties In The Event Of Occurrence, Offense, Claim Or Suit Included Unintentional Failure To Disclose All Hazards Included Waiver Of Transfer Of Rights Of Recovery Against Others To Us Included (Waiver Of Subrogation) Liberalization Included Mental Anguish Resulting From Bodily Injury Included Broadened Definition Of Mobile Equipment Included f Risk Management Division MGL 1579 07 21 Includes copyrighted material of Insurance Services Office,Inc., aV REVIEWED&APPROVED BY: with its permission. `l' A4fiA�w ram', �~ Risk Management Specialist A. EXTENDED PROPERTY DAMAGE—EXPECTED OR INTENDED INJURY Exclusion 2.a. Expected Or Intended Injury under Section I — Coverages, Coverage A — Bodily Injury And Property Damage Liability is replaced by the following: This insurance does not apply to: a. Expected Or Intended Injury "Bodily injury"or"property damage"expected or intended from the standpoint of the insured. This exclusion does not apply to"bodily injury"or"property damage" resulting from the use of reasonable force to protect persons or property. B. NON-OWNED WATERCRAFT AND NON-OWNED AIRCRAFT Exclusion 2.g. Aircraft, Auto Or Watercraft under Section I — Coverages, Coverage A — Bodily Injury And Property Damage Liability is amended as follows: 1. Paragraph(2) is replaced by the following: (2) A watercraft you do not own that is: (a) Less than 58 feet long; and (b) Not being used to carry persons or property for a charge; 2. The following exception is added: This exclusion also does not apply to"bodily injury"or"property damage"arising out of any aircraft not owned by any insured that is rented or loaned to you with a paid crew. 3. If other insurance applies to a loss because of"property damage"to non-owned watercraft or aircraft as described in Paragraphs 1. or 2. above, the insurance provided by this Coverage Form does not apply, whether the other insurance is primary, excess,contingent,or issued on any other basis. C. PROPERTY DAMAGE TO BORROWED EQUIPMENT 1. The following is added to Exclusion 2.j. Damage To Property under Section I—Coverages, Coverage A—Bodily Injury And Property Damage Liability: Paragraph(4)of this exclusion does not apply to"property damage"to borrowed equipment while that equipment is: (a) Not being used to perform operations;and (b) Away from an insured's premises. 2. The following is added to Section III—Limits Of Insurance: Subject to the General Aggregate Limit, the most we will pay for"property damage"to borrowed equipment is the amount shown in the Schedule of this endorsement for each"occurrence". 3. The insurance afforded by Paragraph 1. above is excess over any valid and collectible property insurance (including any deductible) available to the insured, whether primary, excess, contingent, or issued on any other basis. D. PROPERTY DAMAGE TO CUSTOMERS'GOODS 1. The following is added to Exclusion 2.j. Damage To Property under Section I—Coverages, Coverage A—Bodily Injury And Property Damage Liability: Paragraphs(3), (4), and (6) of this exclusion do not apply to "property damage" to"customers' goods" while on your premises. 2. The following is added to Section III—Limits Of Insurance: Subject to the General Aggregate limit, the most we will pay for"property damage"to "customers' goods" is the amount shown in the Schedule of this endorsement for each"occurrence". 3. The insurance afforded by Paragraph 1. above is excess over any valid and collectible property insurance (including any deductible) available to the insured, whether primary, excess, contingent, or issued on any other basis. 4. The following definition is added: Risk Management Division MGL 1579 07 21 Includes copyrighted material of Insurance Services Office,Inc., < REVIEWED&APPROVED BY: with its permission. `ik R Aavack ® Risk Management Specialist "Customers' goods" means tangible personal property belonging to your customers and left with you for storage, service, or repair. "Customers'goods"does not include: a. Accounts, bills, currency, deeds,food stamps, or other evidences of debt, money, notes,or securities. Lottery tickets held for sale are not securities; b. Animals; c. Contraband, or property in the course of illegal transportation or trade; d. Personal property while airborne or waterborne; e. Property that is covered under another coverage form of this or any other policy in which it is more specifically described, except for the excess of the amount due (whether you can collect on it or not) from that other insurance; f. Vehicles or self-propelled machines that are licensed for use on public roads,aircraft,or watercraft; This paragraph does not apply to: (1) Vehicles or self-propelled machines, other than"autos",you hold for sale; or (2) Rowboats or canoes out of water at your premises; or g. The following property while outside of buildings: (1) Grain, hay,straw, or other crops;and (2) Fences, radio or television antennas (including satellite dishes) and their lead-in wiring, masts or towers, trees,shrubs,or plants(other than trees, shrubs,or plants held for sale). E. DAMAGE TO PREMISES RENTED TO YOU The following applies only if Damage To Premises Rented To You is not excluded from the policy to which this endorsement is attached: 1. The first paragraph following Paragraph (6) of Exclusion 2.j. Damage To Property under Section I —Coverages, Coverage A—Bodily Injury And Property Damage Liability is replaced by the following: Paragraphs (1), (3), and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you.A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III—Limits Of Insurance. 2. The final paragraph of Paragraph 2. Exclusions under Section I — Coverages, Coverage A — Bodily Injury And Property Damage Liability is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke. or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III—Limits Of Insurance. 3. Paragraph 6.under Section III—Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the most we will pay under Coverage A for damages because of"property damage" to any one premises while rented to you, or in the case of damage by fire, lightning, explosion, smoke, or sprinkler leakage,while rented to you or temporarily occupied by you with permission of the owner, is the amount shown in the Schedule of this endorsement. 4. Paragraph 4.b.(1)(a)(ii)under Section IV—Commercial General Liability Conditions is replaced by the following: (ii) That is fire, lightning, explosion, smoke, or sprinkler leakage insurance for premises rented to you or temporarily occupied by you with permission of the owner; 5. Paragraph a.of Definition 9."insured contract"is replaced by the following: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke,or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner is not an"insured contract"; F. PROPERTY DAMAGE FROM ELEVATOR USE 1. The following is added to Exclusion 2.j. Damage To Property under Section I —Coverages, Coverage A—Bodily Injury And Property Damage Liability: Risk Management Division MGL 1579 07 21 Includes copyrighted material of Insurance Services Office,Inc., /�: REVIEWED&APPROVED BY: with its permission. ` A+. Acwula ®'. ��� Risk Management Specialist Paragraphs (3), (4), and (6) of this exclusion do not apply if such "property damage" arises out of the use of elevators at premises you own, rent, lease, or occupy. 2. The insurance afforded by Paragraph 1. above is excess over any other valid and collectible insurance which applies to a loss because of"property damage"arising out of the use of elevators,whether such other insurance is primary, excess,contingent, or issued on any other basis. G. PERSONAL AND ADVERTISING INJURY FROM TELEVISED OR VIDEOTAPED MATERIAL The following applies only if Coverage B—Personal And Advertising Injury Liability is not excluded from the policy to which this endorsement is attached: 1. Exclusions 2.b. and 2.c. under Section I—Coverages, Coverage B—Personal And Advertising Injury Liability are replaced by the following: b. Material Published With Knowledge Of Falsity "Personal and advertising injury" arising out of oral, written, or professionally produced televised or videotaped publication, in any manner, of material, if done by or at the direction of the insured with knowledge of its falsity. c. Material Published Prior To Policy Period "Personal and advertising injury" arising out of oral, written, or professionally produced televised or videotaped publication, in any manner, of material whose first publication took place before the beginning of the policy period. 2. Paragraphs d.and e.of the definition of"personal and advertising injury"are replaced by the following: d. Oral, written, or professionally produced televised or videotaped publication, in any manner, of material that slanders or libels a person or organization, or disparages a person's or organization's goods, products, or services; e. Oral, written, or professionally produced televised or videotaped publication, in any manner, of material that violates a person's right to privacy; H. SUPPLEMENTARY PAYMENTS—BAIL BONDS AND LOSS OF EARNINGS Paragraphs 1.b.and 1.d. under Section I—Coverages, Supplementary Payments—Coverages A And B are replaced by the following: b. Up to the amount shown in the Schedule of this endorsement for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit', including actual loss of earnings up to the amount shown in the Schedule of this endorsement because of time off from work. I. ADDITIONAL COVERAGES 1. Emergency Real Estate Consulting Fees We will reimburse you up to the amount shown in the Schedule of this endorsement for any reasonable realtor's fees or real estate consultant's fees necessitated by the Named Insured's need to relocate due to the imminent danger of loss of life or harm to occupants of the Named Insured's premises shown in the Declarations. 2. Identity Theft Expenses a. We will reimburse any present director or officer of the Named Insured up to the amount shown in the Schedule of this endorsement for reasonable "identity theft expenses" incurred as the direct result of any "identity theft" first discovered and reported during the policy period; provided that it began to occur subsequent to the effective date of your first policy with us. b. With respect only to Identity Theft Expenses Additional Coverage, the following definitions are added to the Definitions section: "Domestic partner" means any person who qualifies as a domestic partner under the provisions of any federal, state, or local statute or regulation, or under the terms and provisions of any employee benefit or other program established by you. Risk Management Division MGL 1579 07 21 Includes copyrighted material of Insurance Services Office,Inc., Rtnt�D&APPROV®BY: with its permission. "o c;' /,4 illawelo Risk Management Specialist I "Identity theft" means the act of knowingly transferring or using, without lawful authority, a means of identification of any officer or director or spouse or"domestic partner"thereof of the Named Insured with the intent to commit, or to aid or abet another to commit, any unlawful activity that constitutes a violation of federal law or a felony under any applicable state or local law. "Identity theft expenses"means: a. Costs for notarizing affidavits or similar documents attesting to fraud required by financial institutions or similar credit grantors or credit agencies; b. Costs for certified mail to law enforcement agencies,credit agencies,financial institutions,or similar credit grantors; c. Loan application fees for re-applying for loans when the original application is rejected solely because the lender received incorrect credit information. 3. Key Individual Replacement Expenses a. We will pay up to the amount shown in the Schedule of this endorsement for reasonable "key individual replacement expenses" incurred by the Named Insured to replace the Chief Executive Officer or Executive Director if that officer or director suffers an injury during the policy period which results in the loss of life during the policy period. The "key individual replacement expenses" amount will be the lesser of the limit shown in the Schedule of this endorsement,or 10 times the annual premium paid for this policy. b. With respect only to Key Individual Replacement Expenses Additional Coverage, the following definition is added to the Definitions section: "Key individual replacement expenses"means the following necessary: a. Costs of advertising the employment position opening; b. Travel, lodging, meal, and entertainment expenses incurred in interviewing job applicants for the employment position opening: and c. Miscellaneous extra expenses incurred in finding. interviewing, and negotiating with the job applicants, including. but not limited to, overtime pay, costs to verify the background and references of the applicants, and legal expenses incurred to draw up employment contracts. 4. Lease Cancellation Moving Expenses We will reimburse the Named Insured up to the amount shown in the Schedule of this endorsement for moving expenses incurred when moving is made necessary by the cancellation of a lease at a premises occupied by the Named Insured's premises shown in the Declarations. 5. Temporary Meeting Space Reimbursement We will reimburse the Named Insured up to the amount shown in the Schedule of this endorsement for reasonable rental of meeting space which is necessitated by the temporary unavailability of the Named Insured's primary office space due to the failure of a climate control system or leakage of a hot water heater during the policy period. Coverage will exist only for the renting of temporary meeting space required for meeting with parties who are not insured under this policy. 6. Terrorism Travel Reimbursement a. We will reimburse any present director or officer of the Named Insured up to the amount shown in the Schedule of this endorsement in the event of a "certified act of terrorism" during the policy period which necessitates that such director or officer incur reasonable"emergency travel expenses". b. With respect only to Terrorism Travel Reimbursement Additional Coverage, the following definitions are added to the Definitions section: "Certified act of terrorism" means an act that is certified by the Secretary of the Treasury, in accordance with the provisions of the federal Terrorism Risk Insurance Act, to be an act of terrorism pursuant to such Act.The criteria contained in the Terrorism Risk Insurance Act for a"certified act of terrorism"include the following: a. The act resulted in insured losses in excess of $5 million in the aggregate, attributable to all types of insurance subject to the Terrorism Risk Insurance Act; and b. The act is a violent act or an act that is dangerous to human life, property, or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian 000ulation of the United States;or to influence the policy or affect the conduct of the United States Govern Risk Atonement Division MGL 1579 07 21 Includes copyrighted material of Insurance Services Office,Inc., REVIEWED&APPROVED BY: • with its permission. `': i A,rf,Roved° ®. Risk Management Specialist "Emergency travel expenses"means additional travel expenses incurred to reschedule comparable transport due to the cancellation of a scheduled transport within 48 hours of a"certified act of terrorism". 7. Workplace Violence Counseling a. We will reimburse the Named Insured up to the amount shown in the Schedule of this endorsement for reasonable expenses incurred for the emotional counseling of your employees during the policy period in the event that an incidence of"workplace violence"occurs during the policy period. b. With respect only to Workplace Violence Counseling Additional Coverage, the following definition is added to the Definitions section: 'Workplace violence"means any intentional use of or threat to use deadly force by any person, with intent to cause harm and that results in"bodily injury"or death of a person while on the Named Insured's premises. J. MEDICAL PERSONNEL The following applies only if no other similar coverage is included on or added to the policy to which this endorsement is attached: 1. Paragraph 2.a.(1)(d) under Section II — Who Is An Insured does not apply to any registered nurse, licensed practical nurse, certified emergency medical technician, or certified paramedic who is employed by you to provide professional health care services, but only while acting within the scope and course of their duties as such. 2. The following is added to Section III—Limits Of Insurance: Subject to the General Aggregate limit, the most we will pay under Medical Personnel Coverage is the amount shown in the Schedule of this endorsement for all loss sustained by any one person from professional health services. K. BROADENED DEFINITION OF INSURED Paragraph 3.a. under Section II—Who Is An Insured is replaced by the following: a. Coverage for your newly acquired or formed organization will be: (1) Effective on the date of acquisition or formation; and (2) Afforded until 180 days after you acquire or form the organization or the end of the policy period,whichever is earlier; L. DUTIES IN THE EVENT OF OCCURRENCE,OFFENSE,CLAIM OR SUIT The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit under Section IV— Commercial General Liability Conditions: Your obligation to notify us as soon as practicable of an"occurrence", offense, claim, or"suit"is satisfied if you send us written notice as soon as practicable after any of your"executive officers", directors, partners, insurance managers, or legal representatives become aware of or should have become aware of such "occurrence", offense, claim, or "suit". M. UNINTENTIONAL FAILURE TO DISCLOSE ALL HAZARDS The following is added to Condition 6.Representations under Section IV—Commercial General Liability Conditions: If you unintentionally fail to disclose all hazards prior to the beginning of the policy period of this Coverage Form, we will not deny coverage under this Coverage Form because of such failure. N. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US(WAIVER OF SUBROGATION) The following is added to Condition 8. Transfer Of Rights Of Recovery Against Others To Us under Section IV— Commercial General Liability Conditions: We waive any right of recovery against any person or organization, because of payments we make under this Coverage Part, to whom the insured has waived its rights of recovery in a written contract or agreement.This waiver by us applies only to the extent that the insured has waived its right of recovery against such person or organization prior to loss. O. LIBERALIZATION The following is added to Section IV—Commercial General Liability Conditions: Liberalization Clause Risk MmtagementP(vislon MGL 1579 07 21 Includes copyrighted material of Insurance Services Office,Inc., z. REVIEWED&APPROVED BY: with its permission. `f ffT ti ;1 A++‘Acwuta Risk Management Specialist / ti If we adopt any revision that would broaden coverage under this Coverage Form without additional premium, the broadened coverage will immediately apply to this Coverage Form as of the day the revision is effective in your state. P. MENTAL ANGUISH RESULTING FROM BODILY INJURY Definition 3."bodily injury"is replaced by the following: 3. "Bodily injury"means: a. Bodily injury, sickness, or disease sustained by a person, including mental anguish or emotional distress resulting from any of these; and b. Death resulting from bodily injury,sickness, or disease. Q. BROADENED DEFINITION OF MOBILE EQUIPMENT The following is added to Paragraph f.(1)of Definition 12."mobile equipment": This does not apply to self-propelled vehicles of less than 1,000 pounds gross vehicle weight. All other terms and conditions remain unchanged. Risk Management Division MGL 1579 07 21 Includes copyrighted material of Insurance Services Office,Inc., . REVIEWED&APPROVED BY: with its permission. ` ! Asft&A, do ® Risk Management Specialist / COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY — OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition (2) You have agreed in writing in a contract or and supersedes any provision to the contrary: agreement that this insurance would be primary Primary And Noncontributory Insurance and would not seek contribution from any other insurance available to the additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and Risk MansgemenLD[vis[on � ��•�� REVIEWED&APPROVED BY: Aa.4,44 ithmuyazi CG 20 01 0413 ©Insurance Services Office, Inc., 2012 • Risk Management Specialist CITY OF SANTA ANA RISK MANAGEMENT a dizadee-oic HUMAN RE5OURCES a 171 WORKERS' COMPENSATION DECLARATION 1, Lynn Wheeler/Integrator hereby affirm under penalty of perjury, the (Name/Title) following declaration: I certify on behalf of Wild Wonders that during the term (Consultant/Company Name) of my contract for Our Animal Program services with the City of Santa Ana, (Type of service provided) I will not employ any person in any manner so as to become subject to the workers' compensation laws of California, and agree that if I should become subject to the workers' compensation provisions of Section 3700 of the Labor Code, I shall forthwith comply with the provisions and provide proof of workers' compensation coverage immediately. Date: 05/10/24 Print Name: Lynn Wheeler Print Title: Integrator Signature: Telephone: 760-630-9230 WARNING: FAILURE TO SECURE WORKERS' COMPENSATION COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000). IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY'S FEES. Risk Management Division A REVIEWED&APPROVED BY: ' A Aaw4 ® Risk Management Specialist !:}Risk Mgmt}insurance Requirements}WC Declaration 08152019 / May 10t'', 2024 City of Santa Ana Risk Management Division 20 Civic Center Plaza Santa Ana,CA 92702 Re:Auto Insurance Requirement Dear City of Santa Ana Risk Management Division: Wild Wonders has intent to enter into an agreement with the City of Santa Ana.Throughout the course of this agreement,Wild Wonders attests to the following: 1. Wild Wonders will not use/drive any vehicle during the course and scope of the services provided in the agreement/contract. 2. Wild Wonders will not use any owned/rented/leased vehicles during the course and scope of the services provided in the agreement/contract. 3. Wild Wonders consultants/independent contractors/employees utilize their personal vehicles/non-company owned, borrowed,or rented/leased vehicles for transportation to and from work and if applicable carry their own automobile insurance. By signing below, I, Lynn Wheeler attest that I possess the legal authority to enter into an agreement with the City of Santa Ana as well as the legal authority to attest to the statements above. If at any time it is found that Wild Wonders is not adhering to any/all statements in this document and has not provided the minimum Auto liability insurance coverage of$1 million per occurrence,the contract will be considered null and void and the company will be held fully liable for any and all damages. Signature Lynn Wheeler Integrator Wild Wonders 760-630-9230 Wildwonders@att.net Risk Management Division = REVIEWED&APPROVED By: A Aavek imammtit Risk Management Specialist Sepulveda, Maria From: RMD Sent: Tuesday, April 9, 2024 5:11 PM To: Arroyo, Lupita Cc: Calderon,Andres Subject: RE: Insurance Request: Wild Wonders Attachments: STEP 1 - Exhibit A- Scope of Services.docx; Permiteee_no LL.docx Hi Lupita, Per Aarti Kaushal, SAML requirement has been Please see attached requirements. waived for summer library performers. Thank you, Tracy Jacobs-Strange, ARM I Risk Management Analyst City of Santa Ana - Human Resources Department 20 Civic Center Plaza I Santa Ana, CA 92701 ) Office: 714-647-5155 SANTA ANA Email: TJacobssanta-ana.orq From:Arroyo, Lupita<LArroyo(a Santa-ana.org> Sent: Thursday,April 4, 2024 2:25 PM To: RMD <rmd@santa-ana.org> Cc:Calderon,Andres<acalderon5@santa-ana.org> Subject: Insurance Request: Wild Wonders Submission Directions: 1. Send via email using template to Risk Management Division at RMD(a�santa-ana.orq. 2. Subject line must be completed as follows: Insurance Request: Contractor/Insured Name 3. Complete email template and attach the following documents: a. Draft agreement b. Scope of services c. PO, RFP, and any other documents which describes services to be provided 4. RMD will respond within 5-business days 5. If you have questions, please call Risk Management at x5470 Department: Library Department Contact/ Lupita Arroyo Project Manager Name: Direct Phone Number: X5283 / Risk MsnagenattDivision REVIEWED&APPROVED 8Y: Contractor/Vendor Name: Wild Wonders 'fI>': A Aa4,44.a ®' Risk Management Specialist 1 / Brief description of services: Wild Wonders will provide an animal program for the community. City staff will be present at all times during the program.The event will be of no charge to those in attendance. Lupita Arroyo I Principal Librarian—Youth Services Santa Ana Public Library 126 Civic Center Plaza I Santa Ana,CA 92701 714.647.5283 I Larroyosanta-ana.orq I httns:llwww.santa-ana.orgllibraryl CL, o —+_<„ Risk Management Division r `` --) REVIEWEDn&APPROVED By: S'I i®', Risk Management Specialist 2 /