HomeMy WebLinkAboutGARCIA, CLAUDIA INSURANCE ON FV N-2025-147
WORK MAY PROCEED
UNTIL 9NSURF NCE EXPIRZS
CITY CLERK
DATE.
JUN 10 2025 RECREATION SERVICES AGREEMENT WITH CLAUDIA DE LA CRUZ FOR
PERFORMING ARTS AND MEDITATION CLASSES
DINKA THIS AGREEMENT is made and entered into on this 21st day of May, 2025 by and
between Claudia Garcia aka Claudia de la Cruz ("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 performing arts and meditation 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:
1. 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 will
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.
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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-t9
or a positive test result for COVID-t9.
e. 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.
£ City reserves the right to change the location(s) at which the services contemplated by
this Agreement are provided.
g. Provider shall 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
annual revenue to Provider shall not exceed Twenty-five Thousand Dollars and Zero
cents ($25,000.00).
b. Payment to Provider shall be made monthly within thirty (30) days following
completion of the last class taught by Provider the prior month. 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 June 1, 2025 and end on May 31, 2026 unless
terminated earlier in accordance with Section 14 below.
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, a joint 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 taxes 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.
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5. INSURANCE
Provider shall procure and maintain for the duration of the agreement, the following
insurance coverages:
Minimum Scope and Limit of Insurance. Provider shall maintain limits of insurance
coverage in the following minimum amounts and shall be at least as broad as:
• Commercial General Liability (CGL): Insurance Services Office Form CG 00 01
covering CGL on an"occurrence"basis, including products and completed operations,
property damage, bodily injury and personal & advertising injury with limits no less
than$1,000,000 per occurrence and $2,000,000 aggregate.
• Sexual Abuse or Molestation Liability(SAML): If the COL policy referenced above
is not endorsed to include affirmative coverage for sexual abuse or molestation,
Provider 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.
• Automobile Liability(AL): Insurance Services Office Form CA 00 01 covering Code
1 (any auto),with combined single limits of$1,000,000. In the event Provider does not
maintain commercial automobile liability insurance, City will accept evidence of
personal automobile insurance with existing limits, which can be lower than
$1,000,000.
• If Provider maintains broader coverage and/or higher limits than the minimums shown
above, City requires and shall be entitled to the broader coverage and/or the higher
limits maintained by Provider. Any available insurance proceeds in excess of the
specified minimum limits of insurance and coverage shall be available to City.
Other Insurance Provisions. The insurance policies are to contain, or be endorsed to
contain, the following provisions:
• CGL, SAMI, and AL policies: City of Santa Ana, 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 Permittee including materials, parts, equipment, and personnel furnished in
connection with such work or operations.
• All required insurance policies: Insurance company(ics) 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 Permittee for City.
• All required insurance policies: For any claims related to this contract, Permittee'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.
• All required insurance policies: A severability of interest provision must apply for all
the additional insureds, ensuring that Permittee'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.
• Each insurance policy required herein shall provide that coverage shall not be canceled,
suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or
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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.
• Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa
Ana, Attention: Parks, Recreation, & Community Services Agency, 20 Civic Center
Plaza,M-24, Santa Ana,CA 92701.The name and location of event should be included
in the Description of Operations section of each certificate.
Self-Insured Retentions. Self-insured retentions must be declared to and approved by the
City. City may require Provider to purchase coverage with a lower retention or provide proof of
ability to pay losses and related investigations, claim administration, and defense expenses within
the retention.
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. Permittee 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 to Entity before work begins.
However, failure to obtain the required documents prior to the work beginning shall not waive
Permittee's obligation to provide there. City reserves the right to require complete,certified copies
of all required insurance policies, including endorsements required by these specifications, at any
time.
Claims Made Policies. If any of the required policies provide coverage on a claims-made
basis:
• The retroactive date must be shown and must be before the date of the contract or the
beginning of work.
• Insurance must be maintained and evidence of insurance must be provided for at least
three(3) years after completion of work.
• If coverage is canceled or non-renewed, and not replaced with another claims-made
policy form with a retroactive date prior to the contract effective date, Company must
purchase "extended reporting" coverage for a minimum of three (3) years after
completion of work.
Subcontractors. Provider shall require and verify that all sub-contractors maintain
insurance meeting all the requirements stated herein, and Provider shall ensure that City is an
additional insured on insurance required from sub-contractors.
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.
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G. 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 relief suffered, or
alleged to have been suffered, by reason of the events referred to in this Section or by reason of
the terms of, or effects, arising from this Agreement. City may 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.
7. CONFIDENTIALITY
If Provider receives from the City information which due to the nature of such 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 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 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 mild symptoms from COVID-19,some people have become seriously
ill requiring hospitalization and that some people have died from COVID-19. Provider
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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 make 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 ofproviding
services pursuant to this Agreement.
9. CONFLICT OF INTEREST
a. Provider 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.
b. No immediate family members of either the Mayor, City Council Member, or any
appointed City Official, including appointed board and commission members, as
defined under the City's Municipal Code,whose position with the City shall award or
influence the award of this Agreement, or any competing contract or amendment
thereof, shall be employed in any capacity by the Provider or have any other direct or
indirect financial benefit or interest in this Agreement.
c. The section also prohibits the awarding of any agreement, contract, grant, or any
amendment to those awards, to any former full-time employee for one-year from date
of employee separation except for any CalPERS retiree as authorized by City Council
resolution
d. Provider must comply with all conflict of interest laws, ordinances, and regulations
now in effect or hereafter to be enacted during the term of this Agreement.The Provider
warrants that it is not now aware of any facts which conflict with the prohibitions
defined above. If Provider hereafter becomes aware of any facts that might reasonably
be expected to create a conflict of interest, it must immediately make full written
disclosure of such facts to the City. Full written disclosure must include, but is not
limited to, identification of all persons implicated and a complete description of all
relevant circumstances. Failure to comply with the provisions of this paragraph will be
a material breach of this Agreement.
e. Provider covenants that none of its directors, officers, employees, or agents shall
participate in selecting or administrating any subcontract supported(in whole or in part)
by City funds stennning from the Agreement where the awarding of the subcontract
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has any direct or indirect financial benefit or interest to any individual, as defined in
subsections (b)and(c) above.
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 California Penal Code
Section 667.5(c), or has a conviction for a serious felony as defined in California Penal Code
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, 190-190.4 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, 288.2,288.3,288.4,288.5,288.7,289,290,311.1,311.2,311.3,311.4, 311.10,311.11,314,
347(a), 368,417(b),451(a),518 with 186.22,647.6, 653f(c),664 and 187,667.5(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 property given if delivered in person or mailed by
first class or certified mail,postage prepaid, or sent by fax or other telegraphic communication in
the manner provided in this Section, to the following persons:
To City: City Clerk
City of Santa Ana
20 Civic Centex 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) 571-4211
To Provider: Claudia Garcia
360 E. First St., 9406
Tustin, CA 92780
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Email: claudiadelax@gmail.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.
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 terininated by the City upon thirty (30) days written notice of
termination.
b. Termination or cancellation of classes by the Provider must be given to the City, in
writing, 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.
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
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records for a period of three (3) years from the date of final payment to Provider under 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,
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 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.
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 valid judgment or decree
of a court of competent jurisdiction, such invalidity or unenforc eab ility 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. EXHIBITS
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.
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SIGNATURE PAGE TO RECREATION SERVICES AGREEMENT WITH CLAUDIA
DE LA CRUZ FOR PERFORMING ARTS AND MEDITATION CLASSES
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the date and
year first above written.
a
i 5�n
ATTEST: v� ` CITY OF SANTA AN
.y
1/4
nit,r n fi,r'`T
r"
ennifer all Alvaro Nunez
C' City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO PROVIDER:
City Attorney
C47Gtd O'aKlL
Girl J,.Gnrna!MaY 1P,yO1 N4 POT,
onathan T. Martine Claudia Garcia
Assistant City Attorney aka Claudia de la Cruz
RECOMMENDED FOR APPROVAL:
Hawk Scott
Executive Director of Parks,
Recreation and Community Services Agency
Page 10 of 10
Exhibit A
SCOPE OF SERVICES
Program Overview:
This Scope of Services outlines the responsibilities and expectations for engagement of
Provider to provide performing arts classes for ages 5 years and older and meditation classes
for ages 18 years and older at City recreation facilities and parks, as defined below. The aim is
to promote performing arts and wellness in the community by offering affordable recreation
opportunities that encourage creative activity and teamwork.
A. Program and Class Offerings:
i. Seasonal programs and class offerings may include, but are not limited to the
following class options:
■ Act, Dance, and Shine!
■ Sacred Morning Awakening: Breathwork and Meditation
ii. Provider shall teach such or similar classes at available City facilities to be
designated by the City on a schedule agreed upon by the parties, in writing, 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.
Provider and City agree that class locations and/or scheduling are subject to
change due to unforeseen events or needs beneficial to the class participants.
The Parties agree that changes to scheduling or location of classes shall be
agreed upon, in writing, prior to the allowance of said change(s).
iii. Class Size
■ At the City's discretion and upon mutual agreement, the minimum and
maximum number of participants required for each class will be determined
to ensure the quality and safety of the class participants.
• Class ratio of participants to Provider(s)will be set for each class to ensure
effective instruction and safety based on statewide standards.
w If the minimum registration has not been reached by the second class, it is
up to the discretion of the City upon mutual agreement with Provider, that
the class shall be cancelled. 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.
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iv. Class Fees
■ Class pricing is dependent on session length per season and subject to
City staff approval. Class pricing is limited to no more than a 5% increase
annually.
■ Each participant shall pay class registration fees as established by City.
Provider may not waive class participationfregistration fees. Only
registered participants paid in full may participate in class.
= Any refunds to participants will be made in accordance with City policy.
B. Provider Responsibilities:
i. Planning and delivering engaging and age-appropriate performing arts and
meditation classes as defined by class curriculum and description to be approved
by City staff.
ii. Ensuring the safety and well-being of all participants during class sessions.
■ Provider will immediately report to City staff, by phone or email, any injuries
as a result of class participation, damages to the facility that could cause
potential injury to a class participant and/or require facility repairs.
= Provider will notify parent/guardian of minors under the age of 18 and city
staff regarding any injuries experienced during class.
iii. Submitting seasonal program proposals to City staff for seasonal approval of
class descriptions, details, and schedules. Proposals must be submitted in writing
by way of the provided City form(s) to City staff for review and approval at least
60 days prior to the start of the new season, unless otherwise specified by City
staff. City staff will review and approve written proposals based on community
needs, facility availability, and alignment with City goals.
iv. Adhering to all City policies and procedures related to the use of facilities and
interaction with participants.
V. Adhering to all City deadlines for required documentation.
vi. The Provider's organization is responsible for fingerprinting, monitoring, and
managing all staff that will be instructing.
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vil. Promotion of class(es) with City approved marketing materials outside of City
managed platforms. Publicizing on additional channels and networks outside of
City platforms is the sole responsibility of the Provider.
viii. Provider shall provide all materials, supplies, equipment, records and personnel.
Provider shall be responsible for repairing and maintaining all equipment and
supplies, and ensuring that it is in good working condition. Provider shall ensure
clean-up of the facilities and materials to ensure the safety and effectiveness of
instruction. The City will not responsible for any damage, repairs, misplaced, or
stolen supplies or equipment, and will not be responsible for storing supplies or
equipment.
C. City Responsibilities:
i. City shall manage participant registration and class information through
registration software. Provider shall be granted access to the class roster on the
City registration system and is responsible for tracking attendance.
ii. City shall collect all enrollment fees through the registration software. Provider
shall not accept enrollment fees directly from a participant, and shall only collect
materials fees that are pre-approved by City and published in advance as a part
of the program marketing. Such material fees shall be collected by Provider at the
first scheduled class meeting. No additional fees shall be collected for materials,
uniforms, awards, etc. without written approval and advanced advertising.
iii. City shall provide publicity for class(es) seasonally in the City's recreation
magazine (published seasonally). City shall have the sole discretion to decide
what information will be included in the recreation magazine about the class and
Provider. Publicity may also include flyers created by City. Provider created flyers
are encouraged, but must be finalized by City to include use of City logos before
distribution.
iv. City shall provide a location for the class(es). Provider will request dates and times
for the class(es)seasonally, in writing. The City will confirm the class(es)schedule
seasonally. Location selection is based on need, size of class, type of activity and
availability, and is reserved at the discretion of the City.
V. City shall provide refunds to participants when:
■ The participant formally requests to drop the class before the second
schedule class meeting.
• The class is canceled by City or Provider.
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CERTIFICATE OF LIABILITY INSURANCE IA
TE
051281200251
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMA-ION 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. It 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:
Insurance Canopy A",0% .(844)520-6993 .Nn:
North Chesterfield VA 23234 AuoESs: info@insurancecanopy.cam
INSURER(S)AFFORDING COVERAGE _ _ NAIC0
INSURERA: Accelerant Specialty Insurance Company-- 16898 -
INSURED INSURER B:
Claudia Garcia INSURERC:
360 E 1 St St 406 INSURER D
Tustin CA 92780 INSURER E� _
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT CR 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,
EXCLUSIONSAND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSN "PE OF INSURANCE 'ADOL SURR --- POLICY EFF POUCYEXP
LTA POCK-NUMBER MMmD MMiO _ LIMITS
GENERA-LIABILITY 2,D0D,DDD
_EACH OCOURRENCE S
K COMMERCIAL GENERAL LIABILITY F DpNKES',E D 3D_D_,D_Da
^ I PREMISES rEa ccuma 1 5 _
CLAIMS-NV,DE K OCCUR MED EXP IAnY epreru) 5
s022DGLD0000tDD- s,Dao
A asrznzozs oSnnzD26
CPT202649 PERSONAL aADVINJURY i INCLUGED
GENERALAGGREGATE S 3,000,00D
GENLAGGREGATE UMITAPPLIES PER, PRODUCTS-COMPIOPAGG S 3,000,000
x POLICY PROr LOC ANIMALBAILEE 5 -
AUTOMOBILE LI0.61Lm! COMBINEDE.a�a ;INGLE LIMIT S
ANY AUTO BODILY WURY(Pe p n) 5
f ALLW CNEO SCHEDULEn AUTOS AUTOS BODILY INJURY(Per 0¢ni1 5
I
NON OWNED PROPERTY DAMAGE S
HIREDAUTCS _AUTOS PeracadeM
5
UMBRELLA LIAR p.CCUR EACNOCCURRENCE_ S
EXCEES LIAR GLAIMSIx1AOE AGGREGATE 3
OEO RETENTIONS .5
WORKERS COMPENSATION WC STATV- OTH-
AND ETIPLOYERS'LIABILITY YIN. __ 19IRY,,L,lhllj5 ER
ANY PROPRIETOP—RTNrWE%ECUTNE
OFFICEWEMBEREXCLUDEO7 NIA E.L.EACH ACGDENT i
(M.ndauxy lnnp E.L.DISEASE-EA EMPLOYEE i
N yes.DESCHIPrO614
under ..................._...__._-_.
E.L.DISEASE-POLICY LIMIT S
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ANech ACORD 101,Addid—I Remarks ipheduk,ifmare space is reIulretl)
It is understood and agreed that the Certificate Holder is named as Additional Insured per attached CG 20 26(Ed.04 13)-Additional Insured-Designated
Person or Organization subject to all policy terms,conditions,and Exclusions.
City Of Santa Ana,its City Council,Officers,officials,employees,agents.and volunteers.Waiver of Subrogation applies.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City of Santa Ana,Attention:Parks,Recreation,and Community Services THE F%PIRATION DATE THEREOF, NOTICE WILL BE OFLNFREn IN
Agency ACCORDANCE WITH THE POLICY PROVISIONS.
20 Civic Center Plaza
Santa Ana,CA 92701 AUTHORIZED REPRESENTATIVE
9 198 8-201 4 ACORD CORPORATION.All rights reserved.
ACORD 25 12024101) The ACORD name and logo are registered marks of ACORD
INS025(zaMou
APPROVED
By Tu Tran Nguyen at 3:29 pm,Jun 03,2025
Tu Tran -i-1y.I r-Y
Tu Tran Nguyen
Oars 2025.MG3
Nguyen I5:2927-0T00'
Policy Number: S0220GLD0000100-
CPT202649
Effective Date of Change: 05/27/2025
BUSINESSPRO POLICY CHANGES
NAMED INSURED AND ADDRESS: POLICY PERIOD:
Claudia Garcia 12:01 A.M. STANDARD TIME AT THE ADDRESS OF
360 E 1 St St THE NAMED INSURED SHOWN AT LEFT.
406
Tustin, CA 92780 FROM: 05/27/2025 TO: 05/27/2026
THIS ENDORSEMENT CHANGES BROKER NAME AND ADDRESS:
THE POLICY. Veracity Insurance Solutions, LLC.
260 South 2500 West, Suite 303
PLEASE READ IT CAREFULLY, Pleasant Grove, Utah 84062
INSURANCE IS AFFORDED BY THE COMPANY INDICATED BELOW:
(X)Accelerant Specialty Insurance Company
In consideration of the additional premium of$10.00 plus a BHTA Fee of$10.00,for a total of
$20.00, it is hereby understood and agreed that the following form has been added to the policy
mentioned above:
❑Additional Insured—Vendors CG2015(Ed. 04 13)with primary and noncontributory wording
0 Additional Insured—Designated Person or Organization CG 20 26(Ed. 04113)with primary and
noncontributory wording
❑ Primary and Noncontributory—Other Insurance Condition CG 20 01 (Ed.04 13)
0 Waiver of Transfer of Rights of Recovery Against Others to Us CG 24 04(Ed.05 09)
❑ Trailer Endorsement—Amendment to Exclusion-Aircraft,Auto or Watercraft CG 88 02(Ed. 11 85)
❑ Increase Inland Marine Limits to$(maximum payout for any one article)1$(annual aggregate)
❑ Increase Aggregate Limits to$2M
❑ General Endorsement—Professional Coverage Extension CG 88 02 (Ed. 11 85)
❑ Loss Payable Provisions—CM 78 70(Ed. 06 92)
All other terms and conditions remain the same.
CG 24 04
(Ed.05 09)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART
Schedule _
Name of Person or Organization:
"The city of Santa Ana,its City Council,officers,officials,employees,agents,and volunteers."
Policy number:S0220GL00000100-CPT202649
Information required to complete this Schedule, if not shown above,will be shown in the
Declarations.
The following is added to paragraph8. Transfer of Rights of Recovery Against Others to Us of
SECTION IV-CONDITIONS:
We waive any right of recovery we may have against the person or organization shown in the
Schedule above because of payments we make for injury or damage arising out of your ongoing
operations or"your work" done under a contract with that person or organization and included in the
"products-completed operations hazard." This waiver applies only to the person or organization
shown in the Schedule above.
CG 24 04(Ed.05109) Copyright, ISO Properties, Inc.,2008
PRO (Page 1 of 1)
G E I cO GEICO GENERAL.INSURANCE COMPANY
VERIFICATION OF COVERAGE
(SEE BELOW UNDER CAUTIONARY NOTE)
MAILING ADDRESS Policy Number: 6037743553
CLAUDIA ROSALINDA GARCIAMORENO Effective Date: 05-16-25
360 E 1 ST ST APT 406 Expiration Date: 11-16-25
TUSTIN CA 92780-3211 Registered State: CALIFORNIA
To whom it may concern:
This letter is to verify that we have issued coverage under the above policy number for the dates indicated in the
effective and expiration date fields for the vehicle listed. This should serve as proof that the below mentioned vehicle
meets or exceeds the financial responsibility requirement for your state.
This verification of coverage does not amend, extend or alter the coverage afforded by this policy.
Vehicle Year: 2014
Make: NISSAN
Model: ROGUE
VIN, JN8AS5MT9EW617096
COVERAGES LIMITS DEDUCTIBLES
Bodily Injury Liability
Each Person/Each Occurrence $30,0001$60,000
Property Damage Liability $15,000
Uninsured&Underinsured Motorists
Each Person/Each Occurrence $30,0001$60,000
Comprehensive(Excluding Collision) $500 Ded
Collision $500 Ded
X Lienholder Additional Insured _Interested Party
Santander Consumer
PO BOX 1984
CARMEL,IN 46082-1984
Additional Information:
Issue Date: 05-28-25
If you have any additional questions, please call 1-800-841-3000.
CAUTIONARY NOTE:THE CURRENT COVERAGES,LIMITS,AND DEDUCTIBLES MAY DIFFER FROM THE COVERAGES,LIMITS AND DEDUCTIBLES IN EFFECT AT
OTHER TIMES DURING THE POLICY PERIOD,THIS VERIFICATION OF COVERAGE REFLECTS THE COVERAGES,LIMITS,AND DEDUCTIBLES AS OF THE ISSUED
DATE OF THIS DOCUMENT WHICH IS SHOWN UNDER"ADDITIONAL INFORMATION"OR IF AN ISSUED DATE IS NOT SHOWN,THE DATE OF THIS FACSIMILE OR
EMAIL,
U33(12-24)
CITY OF SANTA ANA
RISK MANAGEMENT a division of HUMAN RESOURCES C
Managing Risk through Awareness and Action
Agreement to Indemnify, Hold Harmless and Defend
Title of Event/Activity. Sacred Morning Awakening J Dance & Shine
Event Date:
Description of Event/Activity: Breathwork/Meditation [ A performing arts experience
Business or Organization Name: Claudia de la Cruz
Full Name of Authorized Representative of Claudia Garcia
Business/Organization:
Title of Authorized Representative:[Artistic Director
In the event the above named Business or Organization does not maintain
Improper Sexual Conduct afk/a Sexual Molestation and Abuse Liability a/k/a
Sexual/Physical Abuse/Molestation, or similar insurance coverage, it nevertheless
is obligated to and agrees to indemnify, defend, and hold harmless, at its own
expense, the City of Santa Ana, its City Council, officers, officials, agents,
volunteers and employees from and against all suits or actions, claims, loss,
damage, liability, cost or expense, including reasonable attorney's fees, against
allegations of physical, emotional, sexual, and/or financial abuse, which may arise
from the negligent or intentional actions of any of its contractors, sub-contractors,
agents, employees, volunteers, or other persons acting on their behalf while
participating in the above titled Event/Activity. By signing this document, the
undersigned represents that he/she/they has full authority to bind said Business or
Organization named above.
Claudia Garcia 5/27/25
Authorized Representative Signature of Authorized Representative Date
of Business or Organization(Print Name) of Business or Organization