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ORANGE COUNTY GOLD
N-2026-132 Laq ( ion- 0:PeusR(te) FACILITY USE AGREEMENT WITH ORANGE COUNTY GOLD FOR USE OF rimuth %t D(Dy) JEROME POOL AND MEMORIAL PARK AQUATICS CENTER THIS FACILITY USE AGREEMENT is made and entered into on March 4, 2026, by and between ORANGE COUNTY GOLD,a California non-profit corporation("User"), 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 User may be collectively referred to as the "Parties"or individually as a"Party". RECITALS A. The User has a need for a venue to conduct swim team activities. B. The City acknowledges the community need for programs such as those offered by User that expand competitive youth athletic opportunities and promote water safety within the City of Santa Ana. C. The Parties have entered into this Agreement for the purpose of setting forth the terms and conditions for the User to use the City's community pool facilities ("Facilities") for the administration of competitive swim team services. The parties agree as follows: 1. GRANT OF PERMISSION AND FACILITIES TO BE USED City hereby grants User the limited, non-exclusive right to utilize designated areas of Jerome Pool and Memorial Park Aquatics Center ("Facilities") to provide youth swim team and aquatics development opportunities pursuant to the Scope of Use set forth in Exhibit A attached hereto and incorporated herein by reference. 2. COMPENSATION City acknowledges the public benefit provided by User to the youth of the City of Santa Ana through its advanced aquatics programming not previously available to community members. For the use of the Facilities described in Section 1 of this Agreement, User shall pay City fees as described in further detail in Exhibit A. 3. TERM The term of this Agreement shall begin on May 1,2026 and terminate on April 30, 2027, unless terminated pursuant to the terms of this Agreement. The term of this Agreement may be extended for up to two (2), one(1) year periods upon a writing executed by the City Manager and City Attorney. Pagel of 5 4. COMPLIANCE WITH RULES AND REGULATIONS User shall use and occupy the Facilities in a safe and careful manner and shall comply with all applicable local, state, and federal laws in its use of and activities in the Facilities, including as to the conduct of its employees, agents, clients, customers, guests, and others using the Facilities by reason of this Agreement.User shall also comply with all rules and regulations of City in effect during its use of the Facilities.Failure to abide by such laws,rules, or regulations,or any condition of this Agreement,may result in the immediate termination of this Agreement in the sole discretion of the City. 5. BACKGROUND CHECKS User shall ensure that all employees, subcontractors, and any volunteers are fingerprinted and background checked prior to conducting any work pursuant to this Agreement.User shall not assign any employee, agent, subcontractor, volunteer or the User personally to provide services pursuant to this Agreement, if that employee, agent, subcontractor, volunteer, or the User 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.' 6. INDEMNIFICATION User agrees to and shall indemnify, protect, defend, and hold harmless City, its officers, agents, employees, consultants, special counsel, and representatives from and against any and all claims, damages, judgments, attorney's fees, costs and expenses arising out of, involving, or in connection with the use of the Facilities or the acts or omissions of User, its officers, agents, employees, volunteers, guests, or invitees, whether or not such acts or omissions constitute permitted uses of the Facilities. 7. INSURANCE Insurance requirements are attached hereto as Exhibit B. 8. CONFLICT OF INTEREST CLAUSE User 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. Page 2 of 5 9. FORCE MAJUERE In the event that the Facilities are rendered unavailable due to destruction, partial or total, acts of nature, work stoppages or other labor disturbances, civil commotion, war, or any other action by governmental agencies, or for any reason beyond the control of City, City shall have the right to terminate this Agreement without penalty. 10. LICENSES AND PERMITS User represents and warrants that it, and any agents, independent contractors, subcontractors,vendors,or others acting on its behalf under or with respect to this Agreement,will at all times during the term of this Agreement have and maintain in force any and all licenses, permits,or approvals required by law for the conduct of User's activities under this Agreement. 11. DAMAGE TO FACILITIES User shall be liable for any damage to the Facilities caused by any act of negligence of User, its partners, agents, servants, contractors, representatives, guests, employees, invitees, or customers. City may, at its option,repair such damage, and User agrees to reimburse City for the total cost of repair. 12. PROPERTY BELONGING TO USER City shall not be responsible for lost, stolen, or damages property belonging to User, its partners,agents, servants, contractors, representatives, guests, employees, invitees,or customers. 13. NOTICE Any notice,tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and directed to the addresses below or such addresses as either party may later specify in writing. Notice is deemed effective on the date it is given if hand-delivered or received by facsimile that day. Notice given by U.S. mail shall be deemed to have been given three (3) business days after it is deposited in the U.S.mail,postage prepaid and addressed as follows: To City: City Clerk City of Santa Ma 20 Civic Center Plaza(M-30) P.O.Box 1988 Santa Ma, CA 92702-1988 With copies 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 Page 3 of 5 To User: Orange County Gold Attn: Jerry Anthony Olszewski—Head Coach &President 3 Del Perlatto Irvine, CA 92614 j aolszewski@hotmail.com 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and User regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties regarding the use of the Facilities. 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 User. 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 User or the City. Each party to this Agreement acknowledges that no representations,inducements,promises or agreements,orally or otherwise,have been made by any party,or anyone acting on behalf of any party, which are not embodied herein, 15. ASSIGNMENT User 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. User shall not allow any other person or entity to use the Facilities without the prior written consent of City. 16. TERMINATION This Agreement may be terminated by the City upon thirty(30) days written notice. 17. NONDISCRIMINATION User 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, temtination or other employment related activities or any services provided under this Agreement. User affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 18. 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 Page 4 of 5 Change 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. 19. AUTHORITY The person(s)executing this Agreement on behalf of the Parties hereto warrant that they arc duly authorized to execute this Agent 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 OF ANTA AN -41111116111111 rya 0 . l Alvaro Nunes City tanager 3 APPROVED AS TO FORM: SON IA R.CAR VALHO USER: City Attorney ----'17-f....-- 7:........-- bt ( _ [ .. i Jonathan T. Martinez JarrOlszel.vski Assistant City Attorney Elea Coach R President RECOMMEND OR aPPRO aL: Ha 1._ - t - s, Recreation and Community Services Agency Page 5of5 EXHIBIT A Scope of Use 1. DESCRIPTION OF USE Orange County GOLD Aquatics ("User", "OC GOLD") is a non-profit aquatics organization focused on developing swimmers of all levels for ages 5-18 in the Orange County region.Founded in 1989 and previously known as Orange Regional Competitive Aquatics (ORCA), OC GOLD is a well-established program that offers year-round programs, including a competitive-level USA Swimming-affiliated swim team and advanced aquatics performance training. OC GOLD may conduct the following two activities at designated areas within permitted City of Santa Ana Facilities: a. OC GOLD Santa Ana Swim Team A structured swim team program offering youth athletes the opportunity to develop and refine competitive swimming skills through structured practices and organized meets. Participants will receive coaching focused on stroke technique,physical conditioning, sportsmanship, and teamwork while fostering personal growth, discipline, and goal-setting. b. OC GOLD Advanced Performance Training This program will provide private,performance-focused instruction for up to three participants at a time,intended to support swimmers in achieving higher levels of technical proficiency and competitive readiness through customized coaching. Ideal for current or aspiring swim team athletes. 2. FACILITIES User is permitted to operate the programming outlined in this Agreement at the following City of Santa Ana Facilities ("Facilities"): a. Jerome Pool 2216 W. Monta Vista Ave. Santa Ana, CA 92704 b. Memorial Park Aquatics Center 2102 S. Flower St. Santa Ana,CA 92707 User acknowledges that the Memorial Park Aquatics Center pool is not yet completed, and is anticipated to be open by late 2026. User shall use the Facilities solely for the purposes outlined in this Agreement and for no other purpose without the City's prior written consent. User shall not access or use the Facilities unless a City-authorized representative is present. Assigned days,times, and designated areas are subject to modification during the period of this Agreement if required for City programs, maintenance, special events, or other operational needs, as determined by the City in its sole discretion. User shall comply with all applicable federal, state, and local laws, regulations, codes, and ordinances. User shall further comply with all directives issued by City of Santa Ana aquatics personnel and applicable pool rules as may be promulgated from time to time by the City. User hereby acknowledges receipt of and agrees to comply with all current pool rules. The City reserves the right to relocate,reschedule, or suspend User's use if the scheduled Facility becomes inoperable,unsafe,or otherwise unavailable due to maintenance, emergency conditions, or operational necessity, as determined by the City. 3. TERMS OF USE For a period of one (1) year, commencing May 1, 2026 and terminating April 30, 2027 ("Term"), OC GOLD may conduct youth swim team programming during dates, times, and locations mutually agreed upon in writing by both parties. This Agreement may be renewed, at the City's sole discretion, for up to two (2) additional one (1) year terms upon written approval by the City Manager and City Attorney. Nothing herein shall be construed to obligate the City to renew this Agreement. User shall provide the City with a minimum of thirty(30) days prior written notice to request any amendment to the approved program schedule.Requests submitted with less than thirty(30) days' notice may be considered by the City but are not guaranteed and shall be subject to the City's sole discretion. Beginning May 1,2026, OC GOLD shall be provided three(3)City-designated 25-yard swimming lanes at Jerome Pool during contracted times for the administration of youth swim team practices. Up to ten (10) participants shall occupy a single swimming lane at any time, for a maximum of thirty (30) participants across three (3) lanes, unless otherwise approved in writing by the City. Additional dates, hours, or lanes of use shall be subject to prior written request and approval by the City in its sole discretion. User shall only conduct dryland or land-based training activities in City-approved areas. User will be allotted a fifteen (15) minute grace period immediately before and after each scheduled Facility use for participant arrival and departure. Occupancy beyond the grace period shall be subject to additional fees, assessed in accordance with the City's adopted fee schedule and staff time required. During the Tenn,OC GOLD may conduct one(1)non-competitive swim meet per calendar month. Requested non-competitive swim meet dates,locations,and required pool space must be submitted to the City in writing no less than thirty(30) days in advance and are subject to City approval. All participants, including non-competitive swim meet attendees, shall execute the City of Santa Ana aquatics waiver prior to facility entry. Participants under the age of eighteen(18) must have the waiver executed by a parent or legal guardian. Executed waivers shall remain valid and on file for the duration of the Term. For any approved non-competitive swim meet conducted pursuant to this Agreement, User shall provide the City with written notice of the anticipated number of participants, staff, volunteers, and spectators expected to be present at the Facilities no less than fourteen(14)calendar days prior to the scheduled meet date. The submitted attendance estimates shall be used by the City to determine appropriate staffing levels, facility setup, and operational needs. The City reserves the right to require adjustments to the meet schedule, staffing, or facility use based on the anticipated attendance. User shall be responsible for managing participant and spectator conduct. Spectators, including parents and guardians, shall remain in designated viewing areas and shall not be permitted on the pool deck unless authorized by City staff. User shall not sell, distribute, or otherwise provide for compensation any food, beverages, concessions, merchandise, or promotional items at the Facilities without the City's prior written approval. This prohibition shall include,but not be limited to, sales conducted by User's employees, agents, representatives, volunteers,participants, parents, or affiliated organizations. User shall not permit any third party to conduct sales,fundraising, or commercial activity at the Facilities in connection with User's programming without the City's prior written consent. A schedule of mutually agreed-upon contracted times for User's facility use at Jerome Pool for May through October 2026 will be determined following execution of this agreement. OC GOLD and the City shall meet in October 2026 to finalize the schedule for November 2026 through April 2027. Upon the completion and operability of the Memorial Park Aquatics Center, OC GOLD may conduct programming at that Facility during dates and times approved by the City. Upon commencement of programming at the Memorial Park Aquatics Center, Jerome Pool shall no longer serve as OC GOLD's primary programming location. However, subject to availability and prior written approval by the City, Jerome Pool may be used as a temporary backup location in the event of Memorial Park Aquatics Center closure, operational disruption, maintenance, emergency conditions, or other circumstances as determined by the City. Any backup use of Jerome Pool shall be subject to applicable fees, staffing availability, and all terms and conditions of this Agreement. The City reserves the right to deny or limit backup use based on operational needs or scheduling priorities. 4. PERSONNEL OC GOLD shall provide qualified, USA Swimming-certified swim coaches for all swim team activities conducted at City of Santa Ana facilities. OC GOLD shall be solely responsible for the supervision, conduct, and control of its employees, agents, representatives, volunteers, and participants at all times. User shall ensure that a qualified OC GOLD coach or authorized representative remains on deck at all times during program operation. A minimum supervision ratio of one (1) coach per 15 participants shall be maintained unless otherwise approved in writing by the City. User shall not permit any third party, independent contractor, parent, or participant to provide swim instruction or conduct aquatic programming at the Facilities without prior written approval from the City. User shall not sublicense, assign, or otherwise permit third parties to utilize the Facilities for aquatic programming under this Agreement without prior written approval by the City. OC GOLD shall ensure that all employees, agents, and representatives who work with or are in proximity to minors have successfully completed background screening and any other required certifications in compliance with applicable federal,state, and USA Swimming requirements. OC GOLD represents and warrants that such personnel are legally eligible and suitable to work with minors. User shall comply with all applicable USA Swimming SafeSport policies and safeguarding requirements related to the supervision of minors. User shall ensure that no OC GOLD personnel engage in one-on-one supervision of a minor in locker rooms,restrooms, or other private areas at the Facilities.User shall maintain appropriate supervision of participants at all times in all areas of the Facility,including locker rooms, spectator areas, and pool deck spaces. OC GOLD shall be responsible for any injuries, losses, or damages arising out of or related to swim team programming activities except to the extent caused by sole negligence or willful misconduct of the City. Fully certified City of Santa Ana lifeguard personnel shall be present during all OC GOLD pool use. Lifeguards shall retain authority over water safety and emergency response. OC GOLD acknowledges that City lifeguards are not responsible for participant instruction or program supervision. OC GOLD shall pay all costs associated with required lifeguard coverage in accordance with the most current City Council-approved Adopted Miscellaneous Fees Schedule and shall reimburse the City for all aquatics staffing provided in connection with User's activities. City of Santa Ana Aquatics staff shall conduct facility opening and closing procedures and manage pool transitions as necessary. City staff shall maintain required pool chemical levels and ensure compliance with applicable health and safety regulations during OC GOLD's scheduled use. The City reserves the right to immediately suspend aquatic activities due to weather conditions, air quality concerns, pool water quality, mechanical failure, contamination events, or any other condition deemed unsafe for continued use, as determined by the City in its sole discretion. All User personnel shall comply with the City of Santa Ana Emergency Action Plan(EAP)for the Facility in use and shall immediately follow the direction of City lifeguard personnel during any emergency response. Upon activation of an emergency response, User personnel shall clear the pool and pool deck as directed and shall not interfere with rescue operations or emergency personnel access. 5. EQUIPMENT User shall be solely responsible for providing and maintaining all swim team-related equipment, including,but not limited to,kickboards, timing devices,writing instruments, and other program- specific materials. Storage of OC GOLD swim team equipment at the Facilities may be requested in writing and shall be subject to prior written approval by the City. Approval,if granted, may be revoked at the City's discretion. Any equipment stored at City Facilities must be well-maintained and kept orderly. Locker rooms, when available, may be used for daily operational purposes only. No equipment, materials, or personal property shall be stored in locker rooms overnight. The City assumes no responsibility or liability for any equipment, materials, or personal items stored at or left at the Facilities. User may display program-related banners or signage at the Facilities only with the City's prior written approval. All proposed banners shall be either jointly produced in coordination with the City in accordance with the City's style guide standards or submitted by User for review and approval prior to installation. User shall be solely responsible for all costs associated with the design,production, and installation of approved banners or signage. Approved banners shall be limited to designated display areas as determined by the City and shall comply with all size, content,placement,and installation requirements established by the City.All banners and signage shall be installed and removed in a manner that does not damage City property. User shall be responsible for any damage resulting from the installation, display, or removal of such materials. The City reserves the right to require the removal of any banner or signage at any time, in its sole discretion. The City shall be responsible for the availability and routine maintenance of City-owned pool and safety equipment necessary for general facility operations. User shall promptly notify the City's Public Works Department, Parks Maintenance Division, of any building or facility issues, including damage,vandalism, or theft. In the event that any damage to City-owned Facilities or equipment results from the negligent or willful acts or omissions of User, its officers, employees, agents, contractors, representatives, or participants,User shall reimburse the City for the full cost of repair or replacement, as determined by the City. 6. PAYMENT The User shall pay a base fee of Five Hundred Dollars ($500.00)per month for the use of three(3) consecutive City-designated 25-yard lap swimming lanes, for a total annual base fee of Six Thousand Dollars ($6,000) during the Term. If the User requests and receives written approval for additional lanes and/or additional hours beyond the contracted schedule,User shall pay Seventeen Dollars and Fifty-Seven Cents($17.57) per lane per hour,or such other rate as may be established by the City Council-approved Adopted Miscellaneous Fees Schedule in effect at the time of use. User shall be responsible for all costs associated with required City lifeguard personnel and any additional aquatics staffing necessary for User's activities, in accordance with the most current City Council-approved Adopted Miscellaneous Fees Schedule. In addition to lane usage and staffing fees,User shall remit to the City a fee equal to five percent (5%) of total gross monthly participant dues collected for the swim team program during any month in which either of the following conditions occurs: a. Thirty(30) or more participants are registered in the program during that month; or b. At the conclusion of the Term. User shall provide monthly enrollment verification and a.report of gross participant dues upon request by the City. The City shall issue invoices for all assessed fees on a monthly basis(or other agreed billing cycle). User shall remit payment within thirty(30) calendar days of invoice date. Late payments may be subject to penalties or interest as permitted by law. 7. NO EXCLUSIVE RIGHTS Nothing in this Agreement shall be construed to grant User any exclusive rights to use the Facilities or any portion thereof The City reserves the right to schedule, operate, and permit the use of the Facilities by other individuals, organizations, or programs at any time,including during the Term of this Agreement. User acknowledges that its use of the Facilities is non-exclusive and subordinate to City programs, maintenance activities, special events, or other operational needs, as determined by the City in its sole discretion. Nothing in this Agreement shall be interpreted to create any priority scheduling rights, continued use rights, or expectation of renewal beyond the Term stated herein. EXHIBIT B Insurance Requirements Insurance Requirements User shall procure and maintain for the duration of the agreement, the following insurance coverages: MINIMUM SCOPE AND LIMIT OF INSURANCE User 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 $2,000,000 per occurrence and$4,000,000 aggregate. • Sexual Abuse or Molestation Liability (SAML): If the CGL policy referenced above is not endorsed to include affirmative coverage for sexual abuse or molestation, User 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 User 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 User has no employees. If User 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 User. 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. COL,SAML and AL policies: City of Santa Ma, 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 User including materials,parts, equipment, and personnel furnished in connection with such work or operations. 2. CGL,AL, and WC policies: Insurance company(ies) agrees to waive all rights of subrogation against City,its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by User for City. 3. All required insurance policies: For any claims related to this contract,User'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 User'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. 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 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 User 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 User 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 User'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,User must purchase "extended reporting"coverage for a minimum of three (3) years after completion of work. Subcontractors User shall require and verify that all sub-contractors maintain insurance meeting all the requirements stated herein, and Userr 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. ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MM(DD/YYYY) 06/02/2026 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 Risk Management Services, Inc. PHONE Debbie Williams FAX IA/C.No.Extl: (602) 840-3234 (A/C,No):(602) 274-9138 P.O. Box 50310 E-MAIL ADDRESS: morgan.sibley@theriskpeople.com Phoenix AZ 85076 INSURER(S)AFFORDING COVERAGE NAIC# _ INSURER A:Markel Insurance Company 38970 INSURED INSURERB:Gerber life Insurance Co 70939 Orange County Gold Aquatics INSURERC:Technology Insurance Company 42376 (Jarcyn Amateur Swimming Association) INSURERD: 1915 Yacht Puritan Newport Beach CA 92660 INSURERE: (602) 740-8338 INSURER F: COVERAGES MS CERTIFICATE NUMBER:Cert ID 34911 (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. LIMITS SHOWN ARE INCLUSIVE OF AMOUNTS REQUESTED BY THE CERTIFICATE HOLDER AND MAY NOT REFLECT POLICY LIMIT AMOUNTS IN EXCESS OF THOSE REQUESTED. *Not Applicable in WY INSR TypE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LTR _INSD_WYQ LMM/DD/YYYY) (MM/DD/YYYYL LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR Y Y Ml-MXM-5004 807-02 LTS 05/09/2026 05/09/2027 PREMISES(Ea occurrence) $ 500,000 X Participant Legal MED EXP(Any one person) $ EXCLUDED X Liability Included PERSONAL&ADVINJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 5,000,000 POLICY PRO- JECT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 X OTHER:Per Insured ABUSE/MOLESTATION S 250,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S (Ea accident) 1,000,000 A ANY AUTO Y Y Ml-MKM-5004807-02LTS 05/09/2026 05/09/2027 BODILY INJURY(Per person) S OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY % AUTOS ONLY (Per accident) S UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE S DED RETENTION$ S C WORKERSND EMPLOYERS'LIAILIT PER YIN TSP4812276 05/11/2026 05/11/2027 X STATUTE EERH AND LIABILITY ANYPROPRIETORJPARTNER/EXECUTIVE E.L.EACH ACCIDENT S 1,000,000 OFFICER/MEMBEREXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE S 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S 1,000,000 B XS Medical/Dental 03-071691-25 05/09/2026 05/09/2027 Maximum Limit 25,000 A D & D Maximum Limit 5,000 DESCRIPTION OF OPERATIONS(LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Verification of General Liability and Professional Liability coverage for Swimming Lessons. Excess Medical/Dental coverage provided for the Insured's Participants only. Abuse/Molestation Aggregate limit - $1,000,000. A 30 Day Cancellation notice applies per policy provisions.City of Santa Ana, its officers, officials, employees, agents, and volunteers are included as Additional Insured on General Liability, but only as respects to the operations. Coverage is on a Primary/Non-contributory basis as required by contract. Waiver of Subrogation is included as required by contract. APPROVED CERTIFICATE HOLDER CANCELLATION By Tu Tran Nguyen at 11;50 am,Jun 02, 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. Risk Management Division 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE Santa Ana CA 92702 '�— I ACORD 25(2025/12) ©1988-2025 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 1 of 1 POLICY NUMBER: MKM500480702 COMMERCIAL GENERAL LIABILITY CO20260413 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, Officers, Employees,Agents, and Volunteers. 20 Civic Center Plaza Santa Ana CA 92702 RE: Orange County Gold Aquatics (Jarcyn Amateur Swimming Association) A. Section II — Who Is An Insured is amended to insurance afforded to such additional insured include as an additional insured the person(s) or will not be broader than that which you are organization(s) shown in the Schedule, but only required by the contract or agreement to with respect to liability for "bodily injury", "property provide for such additional insured. damage" or "personal and advertising injury" B. With respect to the insurance afforded to these caused, in whole or in part, by your acts or additional insureds, the following is added to omissions or the acts or omissions of those acting Section III—Limits Of Insurance: on your behalf: 1. In the performance of your ongoing operations; If coverage provided to the additional insured is required by a contract or agreement, the most we or will pay on behalf of the additional insured is the 2. In connection with your premises owned by or amount of insurance: rented to you. 1. Required by the contract or agreement; or However: 2. Available under the applicable Limits of 1. The insurance afforded to such additional Insurance shown in the Declarations; insured only applies to the extent permitted by whichever is less. law; and 2. If coverage provided to the additional insured is This endorsement shall not increase the applicable required by a contract or agreement, the Limits of Insurance shown in the Declarations. CG 20 26 0413 ©Insurance Services Office,Inc.,2012 Page 1 of 1 POLICY NUMBER: MKM500480702 COMMERCIAL GENERAL LIABILITY CG24041219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person(s) Or Organization(s): City of Santa Ana,its City Council,Officers,Employees,Agents,and Volunteers. 20 Civic Center Plaza Santa Ana CA 92702 RE:Orange County Gold Aquatics(Jarcyn Amateur Swimming Association) Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. • CG 24 04 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 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 CG 20 01 04 13 ©Insurance Services Office, Inc., 2012 Page 1 of 1 Date Received: 5/28/2026 Technology Insurance Company, Inc. 800 Superior Avenue East, 21st Floor Cleveland, OH 44114 Policy Change Endorsement Orange County Gold Aquatics Amwins Access Insurance Services, LLC- DAIS 1915 Yacht Puritan 2120 Park Place Suite 120 Newport Beach, CA 92660 El Segundo, CA. 90245 Enclosed is a Policy Change Endorsement for Policy Number: TSP4812276 For questions, please contact our Underwriting Office at: 877-528-7878. 5/28/2026 FA AmTrust North America An AmTrust Financial Company WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 89 06 00 B POLICY INFORMATION PAGE ENDORSEMENT Insured: Orange County Gold Aquatics Policy No: TSP4812276 Policy Period: 5/11/2026 to 5/11/2027 Endorsement No: 1 Carrier Name: Technology Insurance Company, Inc. Endmt Effective: 5/11/2026/1 Authorized Rep: The following item(s) o Insured's Name(WC 89 06 01) ❑ Item 3.B. Limits(WC 89 0612) o Policy Number(WC 89 06 02) ❑ Item 3.C.States(WC 89 06 13) o Effective Date(WC 89 06 03) ❑ Item 3,D.Endorsement Numbers(WC 89 06 14) o Expiration Date(WC 89 06 04) ❑ Item 4.*Class, Rate,Other(WC 89 04 15) ❑ Insured's Mailing Address(WC 89 06 05) ❑ Interim Adjustment of Premium(WC 89 04 16) ❑ Experience Modification(WC 89 04 06) ❑ Carrier Servicing Office(WC 89 06 17) o Producer's Name(WC 89 06 07) 0 Interstate/Intrastate Risk ID Number(WC 89 0618) o Change in Workplace of Insured(WC 89 06 08) ❑ Carrier Number(WC 89 06 19) ❑ Insured's Legal Status(WC 89 06 10) 0 Issuing Agency/Producer Office Address(WC 89 06 25) ❑ Item 3.A.States(WC 89 0611) is changed to read: Blanket waiver of subrogation is added to the policy. Adding form(s): Technology Insurance Company, Inc. WC 99 00 01 E 4 of 5 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY INFORMATION PAGE Insured: Orange County Gold Aquatics Policy Number:TSP4812276 EXTENSION OF INFORMATION PAGE FOR ITEM#4 ITEM 4:SCHEDULE OF PREMIUMS Premium Basis Total Estimated Rate Per Estimated #of Code Annual $100 of Annual Classifications Emps No. Remuneration Remun. Premium California Swimming Pools or Swimming Clubs 3 9053 45,000 3.15 1.418 Manual Premium 1,418 Total Manual Premium 1,418 Blanket Waiver 2% ($250 Minimum) 0930 250 Total Premium Subject To Experience Modification 1,668 Experience Modification N/A 1,668 Schedule Modifier-15% 9887 -250 Terrorism 3% 9740 14 Catastrophe(other than Terrorism) 1% 9741 4 Expense Constant 0900 100 Total CA Premium 1,536 WCARF 1.4958% 9999 23 UEBTF 0.0956% 9999 1 SIBTF 2.0428% 9999 31 OSHAF 0.5678% 9999 9 LECF 0.5301% 9999 8 FRAUD 0.459% 9999 7 Total CA Cost 1,615 TOTAL ESTIMATED ANNUAL PREMIUM 1,536 STATE ASSESSMENT 79 TOTAL COST 1,615 POLICY COST BEFORE ENDORSEMENT 1,392 TOTAL ENDORSEMENT PREMIUM CHANGE 223 Technology Insurance Company, Inc. WC 99 00 01 E 5 of 5 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY INFORMATION PAGE Insured:Orange County Gold Aquatics Policy Number:TSP4812276 PAYMENT SCHEDULE Statement Payment Closing Date Due Date Description Amount Due 6/2/2026 Downpayment $204.00 7/11/2026 Installment 1 of 9 $163.00 8/11/2026 Installment 2 of 9 $156.00 9/11/2026 Installment 3 of 9 $156.00 10/11/2026 Installment 4 of 9 $156.00 11/11/2026 Installment 5 of 9 $156.00 12/11/2026 Installment 6 of 9 $156.00 1/11/2027 Installment 7 of 9 $156.00 2/11/2027 Installment 8 of 9 $156.00 3/11/2027 Installment 9 of 9 $156.00 Total Cost$1,615.00 Printed: 5/28/2026 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to recover our payments from anyone liable for an Injury covered by this policy.We will not enforce our right against the person or organization named in the Schedule.(This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2%of the California workers'compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description Any person or organization as required by written contract. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 5/11/2026 Policy No. TSP4812276 Endorsement No. 1 Insured Orange County Gold Aquatics Premium $ 1,536 Insurance Company Technology Insurance Company, Inc. Countersigned by WC040306 (Ed. 04-84)