Loading...
HomeMy WebLinkAboutKIDWORKS COMMUNITY DEVELOPMENT CORPORATION (15 ) -2016INSURANCE ON FILE WORK MAY PROCEED N-2016-046 UNTIL INSURANCE. EXPIRES 9, 6, CLERK OF COUNCIL DATE: 0 2 9 2016 LICENSE AGREEMENT U FK5 0) *% This LICENSE AGREEMENT ("Agreement") is dated as of April 16, 2016, and entered ` into by and between CITY OF SANTA ANA, a California municipal corporation ("City"), and the KIDWORKS COMMUNITY DEVELOPMENT CORPORATION, a 501(c) (3) non-profit organization in the State of California ("Licensee"), RECITALS A. The City is the -owner of that certain`real property known as the City Corporate Yard located at 220 S. Daisy Ave., Santa Ana, CA, 92701 ("Property"). B. Licensee desires to use the City Corporate Yard parking lot ("License Area") for purposes of "parking" vehicles during the Licensee's hosting of KidWorks Dia del Nit o event on Saturday, April 16, 2016. C. The City has agreed to grant Licensee a license to use the License Area, on the terms and conditions set forth iu this Agreement. D. On April 16, 2016, Licensee will be hosting a Children's Day event and community resource fair on the 1900-2200 block of W. Myrtle Street. They will be partnering with the City of Santa Ana, Latino Health Access, Immaculate Heart of Mary Church, Senator Janet Nguyen's office, and OC'=Supervisor Andrew Do's office to offer safe and fun activities for children and educate families ab', ut resources available on health, safety, physical fitness, nutrition, and other community resources. The City parking lot will be available for event volunteers and resource fair providers since W. Myrtle Street will be closed for the event - which is expected to be attended by 800 guests. NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein contained and for other goad and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. License. The City hereby grants to Licensee a license to the non-exclusive use of the License Area on April 16, 2016, for the purpose described in Recital 13, upon the terms and conditions set forth herein ("License"), subject to Licensee's performance of all of its obligations tinder this Agreement. This License shall commence at 7:00 a.m. and terminate at 4:00 p.m. on April 16, 2016, unless extended in writing by the Executive Director of Finance and Management Services Agency, or his designee. This Agreement is intended and shall be construed only as a revocable license to use the License Area and not as a lease or grant of any possessory or other interest 2. CIean Up. Licensee shall, after use of the License Area; leave the License Area in a neat and clean condition to the reasonable satisfaction of the City, free of trash and debris, Lund Licensee shall remove all property and materials of Licensee. Licensee shall cause the License Area to be cleaned, with such work to be completed no later than the times specified in, 1 of4 the License as stated in paragraph 1 above, and the License shall be extended to such time for the limited purpose of allowing the cleaning work to be completed. 3. Compliance with Laws. Licensee shall cause all activities of Licensee under• this Agreement and all activities on the License Area to be performed in compliance with all applicable federal, state, and local laws, ordinances, and regulations, and permits. 4. Damaae. In the event that Licensee damages any portion of the License Area or Property or the improvements or equipment therein, Licensee shall immediately- repair the =-- damage. Alternatively, the City may, at -its election, repair -the damage in which case Licensee =' shall reimburse the City for its cost within fifteen (15) days of receipt of written demand from City. 5. Licensee Parties. Licensee, together with its employees, agents, representatives, and all persons entering the License Area and any other portion of the Property, by or through or at the direction of Licensee, are collectively referred to herein as the "Licensee Parties." Licensee shall be responsible for the Licensee Parties and shall cause the Licensee Parties tommlvw4hflip, 6. Fee. Licensee shall pay to City NO FEE for the use of the License Area. 7. AS -IS Condition, City makes no representation or warranty of any kind as to the condition of the License Area or any other matter relating to Licensee's use of the License Area. Licensee hereby disclaims and waives any and all objections to the physical and other characteristics and conditions of the License Area. Licensee acknowledges and agrees that the use of the License Area will be on the basis of Licensee's own investigation of the condition of the License Area. The license to use the License Area shall be granted on an "AS -IS," "WITH ALL FAULTS" basis, without representation or warranty expressed or implied by City, or by operation of law. City expressly disclaims, which Licensee hereby acknowledges and accepts, any implied warranty of condition or fitness for a particular purpose or use. Licensee's use of the License Area shall be subject to the:License Area being in a usable and safe condition at the time of Licensee's use and Licensee shall be responsible for determining whether the License Area is in such condition, In connection therewith, in the event that the License Area or access thereto is damaged or obstructed or the use by Licensee is otherwise impaired, prevented or limited, City shall have no obligation or duty to repair the damage or rectify the condition to make the License Area usable or safe. 8. Commercial General Liability Insurance. Licensee shall maintain commercial general liability insurance which shall include, but not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Licensee Parties use of the license area, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence and $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and 2 of4 not contributory with respect to insurance or self insurance programs maintained by the City, and (c) contain standard separation of insured's provisions. 9. Indemnity. Licensee shall indemnify, defend, and hold harmless City, and its respective agents, representatives, employees, subsidiaries and affiliates ("Covered Parties") from and against any and all actions, suits, claims, demands, judgments, losses, expenses, or liabilities, injuries and damages to persons and property, including death, arising out of or related to Licensee's use of the License Area, the entry by any Licensee Party on the License Area or any portion of the Property or surrounding property, -or Licensee's breach or default in the performance of any of -its obligations under this -Agreement; provided, however, that Licensee" will not be obligated to indemnify the Covered Parties from any claims arising solely from the gross negligence or willful misconduct of a Covered Party. If any action or proceeding is brought against any Covered Party by reason of any such claim, Licensee, upon receipt of written notice from Covered, shall defend the same at Licensee's expense with legal counsel reasonably acceptable to Covered. Payment shall not be a condition precedent to recovery under any indemnification in this Agreement, and a finding of liability or an obligation to indemnity shall not be a condition precedent to the duty to defend. The provisions of this Section 9 shall survive the termination or expiration of this Agreement. 10. Miscellaneous. 10.1 Entire Agreement, Waiver and Amendments. This Agreement incorporates all of the terns and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements between the parties with respect to the subject matter of this Agreement. All waivers of the provisions of this Agreement must be in writing and signed by the appropriate authorities of the party to be charged. Any amendment or modification to this Agreement must be in writing and executed by the appropriate authorities of the City and Licensee. 10.2 Severability. If any term, provision, covenant, or condition of this Agreement is held by court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of the Agreement shall continue in full force and effect, unless and to the extent the rights and obligations of one or both parties has been materially altered or abridged by such holding. 10.3 No Assignment. Licensee shall not assign or transfer or otherwise convey any interest in this Agreement to any party without the express prior written consent of City, which consent may be Withheld in City's sole and absolute discretion. 10.4 _Applicable Law. This Agreement shall be construed and enforced in accordance with the internal laws of the State of California. 10.5 Litigation Expenses. If either party to this Agreement commences an action against the other party to this Agreement arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees, expert witness fees, costs of investigation, and costs of suit from the losing party. 3 of 4 10.6 Authori . The persons executing this Agreement on behalf of the parties hereto represent and warrant to the other party that they are duly authorized to execute and deliver this Agreement on behalf of such party, and by so executing this Agreement, said party is formally bound to the provisions of this Agreement, 10.7 Execution in Counterpart. This Agreement may be executed in several counterparts, and all so executed shall constitute one agreement binding on both of the parties hereto, notwithstanding that both parties are not signatories to the original or the same counterpart. IN WITNESS WHEREOF, City and Licensee have entered into this Agreement as of the day and year first written above. CITY OF SANTA ANA, a California mumfI rporation�� DAVI CAVAZOSCAVAZOS City Manager ATTEST: MARIA HUIZAR City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney y: ) JOSE SAND�� of Assistant City Attorney LICENSEE: KIDWORKS COMMUNITY DEVELOPMENT CORPORATION, a California 501 (c)(3) corporation RECOMMENDED FOR APPROVAL FRANCISCO GUTIERREZ Executive Director of Finance and Management Agency 4 of 4 TE A� o CERTIFICATE OF LIABILITY INSURANCE DA1/6/2016Y) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the PRODUCER NAME7" Certificate Issuance Team Comprehensive Insurance Services HONNo Extr (949) 709 -BBDO Iq/c NNoj;_I9991709-1668 26429 Rancho Parkway South ADDRESS:info@ thecomprehensiveinsurance. com Suite 120 INSURER(S) AFFORDING COVERAGE NAIC9 Lake Forest CA 92630 INSURER A:Nonprofits Ins Alliance of CA INSURED INSURER B, KidWorks Community Development Corporation INSURER C: 1902 W. Chestnut Ave. INSURER D: INSURER E Santa Ana CA 92703 INSURER F: COVERAGES CERTIFICATE NUMBER:GL/Auto/UMB 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�AODCam - POLICY EFF I POLICY EXP -- TYPE OF INSURANCE INSD VD POLICY NUMBER MM/DDIYYYY MMIDDNYYY LIMITS 20 Civic Center Plaza X COMMERCIAL GENERAL LIABILITY AUTHORIZED REPRESENTATIVE Santa Ana, CA 92704 EACH OCCURRENCE $ 1,000,000 ---_-�- (CLAIMS DAMAGE TO RENTED 500,000 A -MAGE X OCCUR PREMISES (Ea occurrence) I$ X 2016 -45659 -NPO 1/7/2016 17/1/2016 MED EXP(Any one parson) $ 20,000 PERSONAL&ADV INJURY $ 1,000,000 GE_N'L AGGREGATE LIMIT APIPLLIVIES PER'. GENERAL AGGREGATE '', $ 3,000,000 POLICY JECT LSI LOC �i. PRODUCTS-COMPIOP AGO $ 3,000,000 Employee Benefits $ OTHER'.' AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident _ A X ANY AUTO BODILY INJURY (Per person) $ ALL OWN .SCHEDULED AUTOS AUTOS 2016 -45659 -NPO 1/7/2016 7/1/2016 BODILY INJURY(Peraccidenp $ NON -OWNED _ PROPERTY DAMAGE $ HIRED AUTOS ,AUTOS ! (Peraccitlen0 - i,. $ X UMBRELLA LIAR X OCCUR EACH OCCURRENCE _ 1,000 000 A EXCESS LIAB (CLAIMS -MADE �$__ AGGREGATE Is 1,000 000 DED RETENTION $ 2016 -45659 -DNB 1/7/2016 7/1/2016 f $ WORKERS COMPENSATIONPER OTH- AND EMPLOYERS' LIABILITY YIN I STATUTE ER E.L. EACH ACCIDENT ANY PROPRIETOR/PARTNER/EXECUTIVE $ OFFICERWEMBER EXCLUDED' ( N/A. - -- E.L. DISEASE - EA EMPLOYE IMandatoryinNH) - $ If yes, describe under - - DESCRIPTION OF OPERATIONS below iEL DISEASE -POLICY LIMIT $ A Social Service Professional 2016 -45659 -NPO 1/7/2016 7/1/2016 $1, 000,00DAgg11, 000,0000cc A Improper Sexual Conduct 2016 -45659 -NPO 1/7/2016 7/1/2016 Ali $3,000,000Agg11,000,000Ea Cl DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES ACORD 101, Additional Remarks Schedule, may be anached If more space is rationed) City of Santa Ana its officers, employees, agents and volunteers are included as Additional Insured per attached City Agreement. 30 day notice of cancellation with 10 day notice of cancellation for non-payment of premium per policy provision. CERTIFICATE HOI OFR CANCFI I ATIIIN ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD INS026(201401) 6ZQ,U � e'o CA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Risk Management ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE Santa Ana, CA 92704 Richard Eynon/JEREMY ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD INS026(201401) 6ZQ,U � e'o CA ADDITIONAL INSUREDAgreement Insurance Company Nonprofits Insurance Alliance of California This endorsement modifies such insurance as is afforded by the provisions of Policy #2016 -45659 -NPO relating to the following: The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; it officers, employees, agents and representative are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. With respect the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30)*days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. *Except 10 day for cancellation due to non-payment of premium (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective 1/7/2016 this endorsement form as part of Policy # 2016 -45659 -NPO Issued toKidworks Community Development Corporation Name Insured f Countersigned by peov, Insurance Aoepf.1 j! Itui'e 7 �9RwCUI �)U �c�I GL VI�Il,Li N-2016-046 MEMORANDUM To: Executive Director Finance & Management Services Agency John Aguilar From: Facilities, Fleet and Central Stores Manager Date: April 13, 2016 Subject: Agreement with KIDWORKS for Use of Corporate Yard Parking Area Attached for your consideration is an agreement between the CITY and KIDWORKS to allow the latter to use the Corporate Yard employee parking lot as additional parking area for their Dia Del Nino/Community Resource Fair event to be held on Saturday, April 16 from 7:00 am until 4:00 pm. The City of Santa Ana is a partner/sponsor of this event. The expected attendance is 800 guests from residents and surrounding communities. The event will offer safe and fun activities for children, educate families about resources available on health, safety, physical fitness, nutrition and other community resources. The City parking lot will be available for volunteers and resource fair providers/partners. KIDWORKS is 501(c) (3) non-profit organization with offices at 1902 W. Chestnut Avenue, Santa Ana, CA 92703—which are located on the very next block south of the Corporate Yard. Because of this close proximity, and the organization's continuing contributions to the Santa Ana community, the City has through the years allowed KIDWORKS to use the Yard parking lot as a parking area for official KIDWORKS events. Thank you for your consideration.