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HomeMy WebLinkAboutSANTA ANA LAWN BOWLING CLUB (2) INSUW�N,"'F ill} F i L F N-2026-052 Ul Q l MAR 10 2%ECREATION SERVICES AGREEMENT WITH SANTA ANA LAWN BOWLING DestineeSor;ana(��} CLUB FOR LAWN BOWLING CLASSES THIS AGREEMENT is made and entered into on this 9" day of January, 2026 by and between Santa Ana Lawn Bowling Club,a California nonprofit corporation("Provider"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). City and Provider may be collectively referred to as the "Parties" or individually as a "Party." RECITALS A. The City desires to retain a recreation service provider having special skills, resources and knowledge to provide lawn bowling classes in its recreation class program. B. Provider represents that it is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Provider represents that it is knowledgeable in their field and that any services performed by Provider under this Agreement will be perfoi-tned 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 ©range 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 symptoms)associated with COVID-19 including but not limited to,fever above 100.4, chills, cough. shortness of breath, loss of taste or smell, nausea, muscle or body aches, vomiting, headache, sore throat or diarrhea. Page 1 of 8 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 sclf-isolate due to symptoms of C'.OVID-19 or a positive test result for COVID-19. 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 C'ity's recreational centers during the term of this Agreement. f. 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 roles and regulations regarding the operation of recreation classes. 2. COMPENSATION, a. In consideration for the provision of the programs set forth in Exhibit AA., 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 anneal revenue to Provider shall not exceed Fifteen Thousand Dollars and Zero cents ($15,000). b. Payment to Provider shall be mode monthly within thirty (30) days fallowing completion of the last class taught by Provider the prior month. City shall be responsible for collecting all fees from program participants. Provider shrill 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. '1"ll:RM This Agreement shall commence on February I, 2026 and end on January 31, 2027 awnless terminated earlier in accordance with Section 14 below. The term of this Agreement may be extended by a writing, executed by the City Manager and the City Attorney. 4. INDEPENDENT CONTRACTOR Provider shall, during the entire term of this Agreement,be constmed to be an independent contractor and not an employee of the City. This Agreement is nol intended nor shall it be construed to create an employor-ernployce i-elatioctship, 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 reguhations governing such services. Provider shall pay all salaries and Nvages, employer's social security taxers, unemployment insurance and similar taxes relating to employces and shall be responsible for all Page.2 of 8 applicable withholding taxes. Provider is not an agent, representative or employee of City and Provider shall have no authority to aot on behalf of the City. 5. INSURANCE lnsuranco requirements attached hereto as Exhibit B. b. 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 proporty damage, which may arise from the negligent operations of the provider or its contractors, subcontractors, agents, c;rnployces, or other persons acting on their behalf which relates to the set-vices desexibed in suction 1 of this Agreement; and (2) troart any clairrr 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, darnages,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 representatiort its 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 clue to the nature of such information is reasonably understood to be confidential and/or proprietary, Provider agrees that it shall.not use or diwlose such information except in the performance of this Agreement, and further agrees to exercise the sauce degree of care it uses to protect its own information of like importance, but ill 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 infort-nation disclosed to either Party by any subsidiary acid/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(c) is independently developed by the Provider without reference to information disclosed by the City. Page 3 of 8 8. COVID-I9 ASSUMPTION OF RISK AND WAIVER Provider acknowledges that Provider could.be exposed to personas that may have COVID- 19 providing services pursuant to this Agreement, Provider understands that interacting with any persona currently comes with the inherent ride of exposure to COVID-19 and that COV1D-19 is highly contagious. Provider assumes the risks associated with providing services pursuant to [his 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 diet{ from COVID-19. Provider acknowledges that persons over the age of 65 and persons with underlying health conditions are at greater risk of contracting COV1D-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 an([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 fixture and includes any claims resulting from potential exposure or actual exposure to COVID-19, this includes claims for personal injury, transmittal of COV1D-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 tall claims for liability or damages, including those for exposure to or diagnosis with COVID-19 as a result of providing services pursuant to this Agreement. 9. CONFLICT OF INTEREST a. Provider covenants that it presently has no interests aad 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 naembeng of either the Mayor, City Council Member, or any appointed City Official, hichading appointed board and cornmission 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. e, The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any formor full-time employee for one-year from (late of employee separation except for any CaIPFltS retiree as authorized by City Council resolution d. Provider must comply with all conflict of interest laws, ordinances, and regulations now ill effect or hereafter to be enacted during the team of this Agreement.Tile 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 Page 4 of 8 be expected to create a conflict of interest, it must immediately make full written disclosure of such Facts to t11e City, Full written disclosure ►au►st include, but is not limited to, identification of all persons implicated and it complete dewription of all relevant circumstances. Failure to comply with the provisions of this paragraph will be it 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 stemming from the Agreement where the awarding of the subcontract has any direct or indirect financial bcneCt or interest to any individual, as clef►►led in subsections (b) and (c) above. 10. BACKGROUND CHECK Provider shall ensure that all employees, subcontractors, and any volunteers are fingerprintcd 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 pursua►it 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 sect, have.a conviction for any crime of tnoral turpitude, have a conviction fox a. sexual based crime, have a conviction for a violent felony as defined in Crilifomia 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 oMalifornia Penal Cods 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, 2.73ab, 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 properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sont by fax or ether telegraphic communication in the inanner provide] in this Section, to the following persons: To City: City Clerk City of Santa. Ana 20 Civic Center Plaza(M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax (714) 647-6956 With copy to: Executive Director of Parks, Recreation and Community Services Page. 5 of 8 City of Santa Ana 20 Civic Center Plaza (M-23) P,O. Box 1988 Santa Ana, California. 92702 Fax (714) 571-4211 To Provider: Santa Ana Lawn.Bowling Club Attu: Prank Stevens, President. 12362 Ranchwood Rd. Santa Ana, CA 92705 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 doemed to have been given twenty«four•(24)hours after the time scat 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 mallet 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 ira.Wunaunt 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 ,Ind conditions hereof, shall not bind or obligate Provider or the City. Each Party to this Agreement acknowledges that no representations, Inducements,premises or agreements,orally or otherwise,have been made by any Party,or anyone actiiag on behalf of any Party, which is not embodied herein. 13, ASSIGNMENT The experience, knowledge, capability -Intl reputation of Provider were a substaaratial. 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 ra. This Agreement may be terminated by the City upon thirty (30) days written notice of termination, Page 6of8 b. Termination or cancellation of classes by the Provider must be given to the City, in writing, at least thirty (30) days prior to term ination/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 Stich records for a period of three (3) years. Crom the date oC final payment to Provider under this Agreement. 16. NON-DISCRIMINATION Provider shall not diierimiriate because of race, color, crood, religion, sex, marital status, sexual orientation, gentler 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 seMces provided under this Agreement, Provider aff runs that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regeilatio ns. 17. JUIZI,SDICTICIN•--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 Grange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by rcason.of this Agreement. I& LICENSES Provider shall, throughout the terra of this Agreement,, maintain all necessary license$, permits, approvals, waivers, and exemptions necessary for the prevision of the services hercunder 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. SEVERAIIILITY 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 ora court of competent jurisdiction, such invalidity or uncti-f"orceability shall not affect any of'the remaining phrases, sentences, clauses, paragraphs or sections of this Agreement, which shall be interpreted to carry out tilt' intent of the Partic;s hereunder. Page 7 of 8 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 wan-ant 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. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY 0" ANTA ANA ennifer . Ha City CIel- Alvaro Nunez City Manager APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney PROVIDER: -- �` �`Jonathan T, Martinez Assistant City Attorney rant: t veils Preside RECOMMENDED FOR APPROVAL: Hawk Scott Executive Director of Parks, Recreation and Community Services Agency Page 8 o f 8 Exhibit A SCOPE OF SERVICES Program Overview: This Scope of Services outlines the responsibilities and expectations for engagement of Provider to provide lawn bowling classes for ages 98 - 99 years at City recreation facilities and parks, as defined below. The aim is to promote health 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: I. Lawn Bowling li. 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). M. Glass Size 1. 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. ii. Class ratio of participants to instructor(s)will be set for each class to ensure effective instruction and safety based on statewide standards.. iii. 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. iv. Class Fees I 1. 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. ii. Each participant shall pay class registration fees as established by City. Provider may not waive class participation/registration fees. Only registered participants paid in full may participate in class. iii. Any refunds to participants will be made in accordance with City policy, S. Provider Responsibilities: 1. Planning and delivering engaging and age-appropriate lawn bowling 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. a 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, A. The Provider's organization is responsible for fingerprinting, monitoring, and managing all staff that will be instructing. vii. 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. 2 vili. 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 cleanup of the facilities and materials to erasure 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. li. 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. 3 EXHIBIT B-- Insurance Requirements 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. * 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, provided that such policy is endorsed for business use and provides coverage with a minimum limit of $1,000,000, Required policy limits can be met with primary and umbrella/excess insurance policies. • Workers' Compensation (WC):. 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, per employee, per policy for bodily injury or disease, This requirement can be waived if Provider has no employees, 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: 1. CGL 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 Provider including materials, parts, equipment, and personnel furnished in connection with such work or operations. 2. CGL, AL, and WC policies: Insurance company(les) 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 Provider for City. 3. All required insurance policies: For any claims related to this contract, Provider'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. All required insurance policies: A severability of interest provision must apply for all the additional insureds, ensuring that Provider'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. S. 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 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 on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: (Name of Department Staff Responsible for Agreement),Address of Department Responsible for Agreement, M-XX, Santa Ana, CA 92701, The name and location of the event should be included in the Description of Operations section of each certificate, Self-insured Detentions 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 Provider 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 Provider'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. Claims Made Policies If any of the required policies provide coverage on a claims-made basis: 1. The retroactive date must be shown and must be before the date of the contract or the beginning of work. 2. Insurance must be maintained and evidence of Insurance must be provided for at least three (3)years after completion of work. 3. 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, Provider 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. AC" CERTIFICATE OF LIABILITY INSURANCE FDATE,MM!°DIYYYY) �� 01/13/2026 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 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 certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Edward W DehSeulle DIAI Insurance Brokerage, Inc. NAME:PRONE FAX 7561 Center Avenue, #9 C o Ext; (714) 963-5684 AIC No: (714) 965-0067 E-MAIL edmdiai.cam Huntington Beach CA 92647 ADDRESS: INSURERS AFFORDING COVERAGE NAIC tI INSURERA:Philadelphia Indemnity Insuran 18058 INSURED INSURER B Santa Ana Lawn Bowling Club INSURER C 12362 Ranchwood Rd INSURERD: Santa Ana CA 92705 INSURERE: (714) 839-3942 INSURER F COVERAGES ED CERTIFICATE NUMBER:Cert ID 14353 (2) 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 OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS_ INSR ADDL SUBR POLICY EFF POLICY EXPlY LTR TYPE OF INSURANCE POLICYNUMBER MMIDDYYY MMIDDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMA E TO RENTED CLAIMS-MADE X OCCUR Y Y PHPK2731352-000 01/01/2026 01/01/2027 PREMISES Ea occurrence 5 100,o00 MED EXP(Any one person) 5 Excluded PERSONAL BADVINJURY S 1,000,000 GEN`L AGGREGATE LIMIT APPLIES PER, GENERAL AGGREGATE 5 3,000,000 POLICY JECTPRO � LOC PRODUCTS-COMPIOP AGO 5 3,000,000 X OTHER S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 5 Ea accident ANY AUTO BODILY INJURY(Per person) S OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) S HIRED NON-OWNED PROPERTYCAMAGE 5 AUTOS ONLY AUTOS ONLY Per accident 5 UMBRELLA LIAB OCCUR EACH OCCURRENCE S EXCESS LIAB CLAIMS-MADE AGGREGATE 5 DED RETENTION S 5 WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y f N STATUTE ER ANYPROPRIETOR/PARTNERIEXECUTIVE E.L.EACH ACCIDENT 5 OFFIGERIMEM BEREXCLUDED? ❑ NIA - (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE S If yes,describe under DESCRIPTION OF OPERATIONS beiaw E.L.DISEASE-POLICY LIMIT S S 5 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached If more space is required) Sports Club * GL: Additional Insured per scheduled CG2010. Primary/Non-Contributory per scheduled PI-GL-005. Waiver of subrogation per scheduled CG2404. Notice of Cancellation per scheduled PI-CANXAICH-002. City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers. APPROVED CERTIFICATE HOLDER CANCELLATION By Tu Tran Nguyen at 10:49 am,Mar 09,2026 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE Santa Ana CA 92702 O 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Page 1 of 1 PI-CANXAICH-002 (05111) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANCELLATION NOTICE TO SCHEDULED ADDITIONAL INSURED OR CERTIFICATE HOLDER This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART COMMERCIAL CRIME COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART SCHEDULE OF ADDITIONAL INSUREDS OR CERTIFICATE HOLDERS Al or CH Additional Insured or Certificate Holder Address AI CITY OF SANTA ANA PO BOX 1988 ATTN: CITY CLERK SANTA ANA, CA 92701 The following is added to A. CANCELLATION of the Common Policy Conditions of the above applicable coverage part: A. In the event we cancel the policy in accordance with the policy's terms and conditions, we will endeavor to mail written notice of cancellation to Additional Insureds or Certificate Holders, shown in the above SCHEDULE within the time frame listed below. However,failure to mail such notice shall impose no obligation of any kind upon us, our agents or representatives. 1. days before the effective date of cancellation if we cancel for any reason other than for non -payment of premium. As respects Additional Insureds, the above cancellation provision applies only when the Additional Insured shown in the above SCHEDULE is added to the policy by a separate additional insured endorsement as the CANCELLATION NOTICE TO ADDITIONAL INSURED OR CERTIFICATE HOLDER does not provide additional insured coverage. Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 20 01 0413 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 (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the This insurance is primary to and will not seek additional insured. 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 CG 20 0104 13 ©Insurance Services Office, Inc„ 2012 Page 1 of 1 POLICY NUMBER: PHPK2731352-000 COMMERCIAL GENERAL LIABILITY CG 20 10 0413 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) Locations Of Covered Operations City of Santa Ana, its City Council, its CITY OF SANTA ANA officers, officials, employees, agents, and volunteers 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 B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" "property damage" occurring after: caused, in whole or in part, by: 1. Your acts or omissions; or 1. All work, including materials, parts or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf, maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed; or However: 2. That ,portion of "your work" out of which the 1. The insurance afforded to such additional injury or damage arises has been put to its intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law; and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. 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 10 04 13 ©Insurance Services Office, Inc„ 2012 Page 1 of 2 C. With respect to the insurance afforded to these 2. Available under the applicable Limits of additional insureds, the following is added to Insurance shown in the Declarations; Section III—Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most we applicable Limits of Insurance shown in the will pay on behalf of the additional insured is the Declarations. amount of insurance: 1. Required by the contractor agreement; or Page 2 of 2 ©Insurance Services Office, Inc., 2012 CG 20 10 0413 PI-GL-005 (07/12) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARY AND NON-CONTRIBUTORY INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL_ GENERAL LIABILITY COVERAGE PART SCHEDULE Effective Date: 01/01/2026 Name of Person or Organization (Additional Insured): City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers, SECTION II—WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s)shown in the endorsement Schedule, but only with respect to liability for"bodily injury," "property damage"or"personal and advertising injury"arising out of or relating to your negligence in the performance of"your work"for such person(s) or organization(s)that occurs on or after the effective date shown in the endorsement Schedule. This insurance is primary to and non-contributory with any other insurance maintained by the person or organization (Additional Insured), except for loss resulting from the sole negligence of that person or organization. This condition applies even if other valid and collectible insurance is available to the Additional Insured for a loss or"occurrence"we cover for this Additional Insured. The Additional Insured's limits of insurance do not increase our limits of insurance, as described in SECTION III—LIMITS OF INSURANCE. All other terms, conditions, and exclusions under the policy are applicable to this endorsement and remain unchanged. Pago 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. POLICY NUMBER: PHPK2731352-000 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: City of Santa Ana, Its City Council, Officers, Officials, Employees, Agents, and Volunteers Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions; We waive any right of recovery 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 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 ❑ CITY OF SANTA ANA Risk Management a division of Human Resources Managing Risk through Awareness and Action AFFIDAVIT OF EXEMPTION.FOR AUTOMOBILE LIABILITY INSURANCE l Richard Serrato _ _("Representative"),attest that l am an authorized (Name and Title of Vendor ttepreseniative)— Santa Ana Lawn Bowling Club and representati g ve of ("Company"), Woustdlant)Couipany Name) possess the authority to legally bind Company, In my capacity as Representative of Company, I represent and confirm the following,as relates to the agreement between Company and City of Santa Ana,agreement number ("Agreement")to provide Coaching lawn bowling at Santa Ana Lawn Bowling center ("Services"): (Services to be provided under aguornent/contract) During the course and scope of Company's agreement with the City of Santa Ana, Company employees,consultants, representatives, and agents will not use and/or drive any Company owned/rented/leased/borrowed vehicles to perform Services to, for,or on behalf of City of Santa Ana. lfat any time it is found that Company is not adhering to any and/or all of the statements in this document and floes not maintain the minimum automobile liability insurance coverage as required in the Agreement, it will be considered a breach of Agreement rendering the Agreement null and void and Company will be fully liable for any and all damages. _ 12/15/2025 Signature pate Richard Serrato Print Name Bowls USA Certified Coach 714 322-0945, richardserrato@yahoo.com — Contact Information,i.e.,"telephone Number and/or Email Address Affidavit of Exemption for Automobile Liahllity Insurance 11,12,2024 i CITY OF SANTA ANA Risk Management a dlvlsion o€Human Resources Managing Risk through Awareness and Action AFFIDAVIT OF EXEMPTION FOR WORKERS' COMPENSATION INSURANCE I RICHARD SERRATO ("Representative"),attest that I am an authorized (Name rind Tile of Vendor Representative) representative of Santa Ana Lawn Bowling Club ("Company"),and (Coasudtarn)Company Name) possess the authority to legally bind Company, In my capacity as Representative of Company, I represent and confirm the following,as relates to the agreement between Company and City of Santa Ann,agreement number Santa Ana, ("Agreement")to provide Lawn bowling training services ("Services"}: (Services to be provided under agrecnienticontract) During the course and scope of Company's agreement with the City of Santa Ana,Company will not employ any person in any manner so as to become subject to the workers' compensation laws of California, and agree that if Company should become subject to the workers' compensation provisions of Section 3700 of the Labor Code,Company shall forthwith comply with the provisions and provide proof of workers' compensation coverage immediately. If at any time it is found that Company.is not adhering to any and/or all of the statements in this document and does not maintain the minimum professional liability insurance coverage as required in the Agreement, it will be considered a breach of Agreement rendering the Agreement null and void and Company will be fully liable for any and all damages. 01/22/2026 Signature Date Richard Serrato Print Name Certified Lawn Bowling coach richardserrato@yahoo.com Contact inrorniation,i.e.,'Telephone Number and/or 13maiI Address WARNING: FAILURE TO SECURE WORKERS' COMPENSATION COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER.TO CRIMINAL PENALTIES.AND CIVIL FINES UP TO ONE HUNDRED THOUSANT 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, Affidavit of Exemption for Workers'Compensation Insurance 11.12.2024