Loading...
HomeMy WebLinkAboutBACK TO NATIVES RESTORATION (BTN) 2C-2015City of Santa A Clerk of the Council AGREEMENT TERMINATION FORM Please complete this form when the attached agreement and all amendments (if any) are no longer in effect. Return form to the Clerk of the Council Office (M-30). The agreement with COTC Office Use Only 2020 FEB 6 PCB ... 6----------------- CITY OF SANTA ANA CLERK; PF COUNCIL No.Q'l,was completed on 1&1157 and final payment has been made. (List all amendments. Use space below if needed.) P,-a_C7f'"0l3-a y A- .- ap 11-D-13-0;4. A - QD I `- 0n3--62 , Department: ?VZs-pt Phone/Ext.: GDSLV Signature: cJJ.�ii��� Date: �2�i57 Revised 04-12-10 INSUIIANCi ON f'IU W0I1K MAY PROCERi UNTIL INSUIIANCF EXPIVIES 10 UERU OF COUNCIL�� DATE: - Z-_ll —O5 THIRD RENEWAL OF OPERATING AGREEMENT THIS THIRD RENEWAL OF OPERATING AGREEMENT is made and entered into this 1st day of January 2015, by and between Back To Natives Restoration, a non - profit public benefit corporation (hereinafter "BTN "), 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 (hereinafter "City "). RECITALS: A. The parties entered into the Operating Agreement between the City of Santa Ana and Back to Natives ( #A -2011 -073) dated May 24, 2011, (hereinafter "said Agreement ") by which BTN has operated the Santiago Park Nursery at 600 E. Memory Lane and provided educational activities related to habit restoration and conservation. B. Pursuant to the terms of said Agreement, the Term was one year from May 1 through April 30, with four one -year renewals exercisable upon the written approval of the City Manager and BTN. C. Consultant's contract was extended two times, with the Second Amendment expiring on April 30, 2014. As it was the parties' intent to provide continuous uninterrupted service to the public, this Agreement shall include coverage for the period of May 1, 2014 to the date stated above. D. In accordance with the terms and conditions of said Agreement, the parties wish to exercise the third renewal to extend the Term. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Third Renewal of Operating Agreement, the parties agree as follows: Section 2, "Term ", shall be amended to extend the termination date to April 30, 2015. The Term can be renewed for one additional one -year period per the terns of said Agreemeni. 2. Except as herein amended, all terms and conditions of said Agreement shall remain in full force and effect. A- 2011 - 073 -03 IN WITNESS WHEREOF, the parties hereto have executed this Third Renewal of Operating Agreement on the day and year first set forth above. ATTEST: p� \ CP0 J RL� Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Lisa St rck Assistant City Attorney RECOMMENDED FOR APPROVAL: RESTORATION CITY OF SANTA ANA David Cavazos City Manager BTN: BACK TO NATIVES Gerardo Monet, Executiv irector egi d Durant Parks, Recreation & Co unity Services Agency Director of Restoration BACKTON -02 VPXKERURKAR 11 CERTIFICATE OF LIABILITY INSURANCE DA101271 014 �--" 1012772D14 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($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER License #'P 0726293 NAMEACT Arthur J. Gallagher & Co. insurance Brokers of CA., Inc. PHONE EAX 818_539.2301 -- 505 NBrand Blvd, Suite 600 INSURESts) AFFORDING COVERAGE _ INSURERA,Nonprofits' Insurance Alliance of CA INSURED INSURERS :State Compensation Insurance Fund of CA Back to Natives Restoration INSURERC:Old Republic Surety Company PO Box 6539 INSURER 0: Irvine, CA 92612.6539 .--- -__.....- INSURER E rnvFReY;FC CERTIFICATF NI- IMRFR- 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 CONTRACTOR 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. 1NSR TYPE OF INSURANCE ADD - POLICY EFF I POL Y EXP LIMITS LT D POLICY NUMBER MMiDD/YYYY MMODtWYY A X; COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 8 1,000,00 D MA ET RE TED Cl AiMS -MADE ❑X occuR X 201421765NP0 1010172014 14!0112015 PREM73E5 Ee occurrencaj, _ ..& _.,.,.,,_ 500,00 _MED EXP (-Any one puson) $ 20,00 PERSONAL$ ADV INJURY $ 1,000,00 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 POLICY L. jFOT E] LOC PRODUCTS - COMP /OP AGO $ _2,000,000 OTHFR: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT '..'$ Ea accident) - 1,000,000 A A NY AUTO 201421765NPO 10/01/2014 10/01/2015 BODILY INJURY(Per person) ALLOWNED SCHEDULED BODILY INJURY(Peraccidsnt)$ AUTOS AUTOS JX NON -OWNED p,.t l.� PROPERTY DAMAGE $ Per accident ___ HIREDAUCS AUTOS Reviewed _ (✓y. UMBRELLALIAB �OCOUR t EACH OCCURRENCE $ EXCESS LIAR H c)LAIMSMAUE } AGGREGATE 4 _ DED RETENTION$ w WORKERSCOMPENSATION y`,tj i. '.,,ry -,. ! PER OTN STATUTE_ ER AND EMPLOYERS' LIABILITY YIN B ANY PROPRIETORIPARTNERIEXECUTIVE 90761FARPOS � %�(31rH9, 10/2612014 10126%2015 E.L. EACH ACCIDENT $ OFFICER /MEMBER EXCLUDED? � NIA 1,000,00 (mandatory in NH) EL .DISEASE - EAEMPLOYEE $ 1,000,000 byes, describe ender DESCRIPTION O ORERATIONS below E. L. DISEASE- POLICV LIMIT $ 110001000 A Abuse 201421765NPO 10/01/2014 10/01/2015 OCC /Agg 1,000,000 C Bond W160092079 04113/2014 04/13120151, 12,500 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES ACORD 101, Additional Remarks Schedule, may be attached it more space, is required) Re: Use of City Premise at 600 E. Memory Lane, Santa Ana, CA 92705. The City of Santa Ana, its officers, employees, agents and volunteers are named additional insured with respect to the operations of the named insured per the attached CG 2026 endorsement. Such insurance is primary and non - contributory per the attached endorsement Workers Compensation coverage excluded, evidence only. / COT1OIrATc i nee, rAlkli I ATIi t0 1966 -2014 ACORD CORPORATION. All rights reserved. ACORD 26 (2014101) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE The City f Santa Ana Y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza Santa Ana, CA 92702 — AUTHORIZED REPRESENTATIVE t0 1966 -2014 ACORD CORPORATION. All rights reserved. ACORD 26 (2014101) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 201421765NPO lwlfimli� This endorsement modifies insurance provided undei the following; COMMERCIAL GENERAL LIABILITY COVERAGE PART Any person or organization that you are required to add as an additional insured on this policy, under a written contract or agreement currently in effect, or becoming effective during the term of this policy. The additional insured status will not be afforded with respect to liability ending out of or related to your activities as a real estate manager for that person or organization. The City of Santa Ana, its officers, employees, agents and volunteers Section It — Who Is An Insured is amended to in- clude as an additional insured the person(s) or argent- zation(s) shown in the Schedule, but only with respect to liability for "bodily injury', "property damage' or "Personal and advernising injury' caused, in whole or in part, by your acts or omissions or the acts or omis- sions of those acting on your behalf: X In the performance of your ongoing operations: or B. In connection with your practices owned by or rented to van. Reviewed by Silvia Cuevas PRCSA/Admin. CG 20 26 07 44 C 80 Properties Inc., 2004 Page 1 of 1 0 J�J Nonprofits' Insurance Alliance of California nn:ADwawsuu,Hce,., AHED FOeNDNYPOf115 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARY AND NON - CONTRIBUTORY ENDORSEMENT FOR PUBLIC ENTITIES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTION II — WHO IS AN INSURED is amended to include any public entity as an additional insured for whom you are performing operations when you and such person or organization have agreed in a written contract or written agreement that such public entity be added as an additional insured(s) on your policy, but only with respect to liability for "bodily injury', "property damage" or "personal and advertising injury" arising out of, in whole or in part, by: 1. Your negligent acts or omissions; or 2. The negligent acts or omissions of those acting on your behalf; in the performance of your ongoing operations. No such public entity is an additional insured for liability arising out of the "products- completed operations hazard" or for liability arising out of the sole negligence of that public entity. B. With respect to the insurance afforded to these additional insured(s), the following additional exclusions apply. This insurance does not apply to "bodily injury' or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. The following is added to SECTION III — LIMITS OF INSURANCE: The limits of insurance applicable to the additional insured(s) are those specified in the written contract between you and the additional insured(s), or the limits available under this policy, whichever are less. These limits are part of and not in addition to the limits of insurance under this policy. D. With respect to the insurance provided to the additional insured(s), Condition 4. Other Insurance of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced by the following: 4. Other Insurance a. Primary Insurance NTAC -E61 02 13 This insurance is primary if you have agreed in a written contract or written agreement: Reviewed by: Silvia Cuevas PRCSA /Adniin. (1) That this insurance be primary. If other insurance is also primary, we will share with all that other insurance as described in c. below; or (2) The coverage afforded by this insurance is primary and non - contributory with the additional insured(s)' own insurance. Paragraphs (1) and (2) do not apply to other insurance to which the additional insured(s) has been added as an additional insured or to other insurance described in paragraph b. below. b. Excess Insurance This insurance is excess over: 1. Any of the other insurance, whether primary, excess, contingent or on any other basis: (a) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work "; (b) That is fire, lightning, or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (c) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises temporarily occupied by you with permission of the owner; or (d) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE. (e) That is any other insurance available to an additional insured(s) under this Endorsement covering liability for damages arising out of the premises or operations, or products - completed operations, for which the additional insured(s) has been added as an additional insured by that other insurance. (1) When this insurance is excess, we will have no duty under Coverages A or B to defend the additional insured(s) against any "suit" if any other insurer has a duty to defend the additional insured(s) against that "suit ". If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured(s)' rights against all those other insurers. (2) When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self- insured amounts under all that other insurance. (3) We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Methods of Sharing If all of the other insurance available to the additional insured(s) permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any other the other insurance available to the additional insured(s) does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. Reviewed by: N1AC -E61. 0213 Silvia Cuevas PRCSA /Admin.