Loading...
HomeMy WebLinkAboutORANGE COUNTY CHILDREN'S THERAPEUTIC ARTS CENTER - 2016A INSURANCR &aN fiLE WpRK M&P CEED UNTIL INSURANCE EXPIRESry CATEKtEPu1 ®1� A- 2016 -192 ARTS AND CULTURE ARTIST GRANT PROGRAM AGREEMENT BETWEEN THE CITY OF SANTA ANA AND ORANGE COUNTY CHILDREN'S THERAPEUTIC ARTS CENTER (OCCTAC) This Artist Grant Agreement ( "Agreement ") made and entered this 5th day of July, 2016, by and between 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 "), and Orange County Children's Therapeutic Arts Center (OCCTAC) ( "Grantee ") and, collectively with City, the "Parties ", is for the purpose of providing grant funding pursuant to the Arts and Culture Artist Grant Program. RECITALS: A. On February 2, 2016, the City Council authorized the release of the "Investing in the Artist Grant Opportunity Application," finding that it serves a legitimate public purpose to enrich and invigorate the Santa Ana arts and culture landscape. B. On June 16, 2016, the Arts and Culture Commission reviewed all applicants and recommended that Grantee be awarded an artist grant based on its Application for its artwork ( "Project ") attached hereto and incorporated herein as Exhibit A. C. On July 5, 2016, the City Council approved the grant funding for Grantee and authorized the execution of this Agreement. D. In undertaking the performance pursuant to this Agreement, Grantee represents that it is skilled and knowledgeable in the arts and culture arena and that any Project created or performed hereunder will be created or performed in compliance with such standards as may reasonably be expected from an artist. 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. Term. This Agreement shall be effective upon signature by both Parties and shall expire one year from the date first written above, unless terminated earlier in accordance with this Agreement. 2. Funding. 2.1. Subject to Grantee's performance of all required actions under this Agreement, City shall provide funding, in one or more disbursements, as reasonably determined by City, of an amount not to exceed Ten Thousand Dollars ($10,000.0 ) ( "Grant Amount" or "Grant "). 2.2. Appropriate performance of the Grantee will be determined by City in its sole discretion. City reserves the right to cease funding after each disbursement. 2.3. City represents that there is no correlation or connection between its selection of institutions for grant awards and an institution's business relationship or potential business relationship with City. 3. Grant Activities. Grantee agrees 3.1. To perform the activities described in the Grant Application and Timeline submitted to City for consideration dated May 2, 2016, a copy of which is attached as Exhibit A and incorporated into this Agreement as if set out in full. 3.2. To submit all reports (each, a "Report "), which shall include, at a minimum, the items set forth as required by the Application. No personally identifiable information shall be included in any of the Reports, except where specifically requested. The Reports shall be in a format that is reasonably acceptable to City. City may request additional information as City, in its sole discretion, determines is necessary to monitor performance of this Agreement. City shall have the right to use any Reports submitted by Grantee, or any portion thereof, for any reason. 3.3. To facilitate site visits, conference calls and audits of Grantee, as reasonably requested by City. 3.4. Grantee shall ensure that any areas utilized for the Project are maintained and restored to a well- maintained, safe, sanitary, and clean condition, and kept free of any hazardous waste at all times. All equipment associated with the installation of the artwork, trash and debris shall be removed and cleaned up on a daily basis. Grantee shall place a drop cloth or similar barrier on the ground below the artwork while installation is underway, which barrier shall be removed each day upon completion of an installation session. 3.5. The Project may not contain advertising, religious art, sexual content, negative or violent imagery, convey political partisanship or include any hidden, subliminal or camouflaged messages or statements of any kind or nature. 3.6. The Project may not include any breach of intellectual property, trademarks, brands, or images of illegal activity. 4. Termination. 4.1. City may immediately terminate this Agreement upon one or more of the following: 4.1.1. Grantee's violation of any federal, state or local law or regulation. 4.1.2. Grantee's breach of any of the terms or conditions of this Agreement, including the Application and Timeline, or any unapproved deviation from said documents which has not been cured within 30 days of written notice of such breach. 4.2. In the event the Agreement is terminated under Section 4.1, City reserves the right to require Grantee to refund any or all grant funds awarded to Grantee under this Agreement, and Grantee agrees to refund to City any or all grant funds awarded under this Agreement. 5. Limitation of Liability. 5.1. IN NO EVENT SHALL CITY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXPENSES FOR ANY NEGLIGENCE, BREACH OF CONTRACT OR ANY OTHER ACT ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE ACTIVITIES COVERED HEREUNDER 5.2. Section 5 and Section 6 do not limit Grantee's rights, including its ability to seek recovery, against anyone other than City, its directors, officers, employees, agents, successors and assigns. 6. Indemnification. 6.1. Grantee shall defend, indemnify, protect and hold harmless the City, or its elected and appointed officers, employees, members or agents from and against all claims for damages, liability, cost and expense (including without limitation attorney's fees) arising out of or alleged by third parties to be the result of the negligent acts, errors or omissions or the willful misconduct of the Grantee, and Grantee's employees, subcontractors or other persons, agencies or firms for whom Grantee is legally responsible in connection with the execution of the work covered by this Agreement. Grantee shall have no duty to indemnify or hold harmless the City if claims, damages, liability, costs, expenses (including without limitation, attorney's fees) arise from the sole negligence or sole willful misconduct of the City subsequent to declaration by the Grantee. Grantee's obligations shall survive the termination of this Agreement. 6.2. Grantee agrees to hereby fully release and forever discharge the City from any and all claims, demands, damages, losses, and liabilities (hereinafter collectively referred to as "claims "), which are or may be related to or in any way connected with the negligence or willful misconduct of its officers, officials, employees, or agents in connection with the creation, painting, performance or installation of the Project hereunder. 6.3. Grantee further agrees that City may in good faith and on reasonable terms settle any such claims and that City's right to indemnification shall extend to any such settlement, provided City has given notice of such claim and its intent to settle. City's right to indemnification is in addition to, and may be exercised independently of, any remedy held by City under this Agreement, at law or in equity. The indemnity provision set forth in this Agreement shall survive the termination or expiration of this Agreement indefinitely. 7. General Provisions. 7.1. Grantee shall acquire prior written permission from City for any use of the City name or logo in association with its Project. 7.2. If any parts of this Agreement are held to be invalid or unenforceable, the remaining parts of the Agreement shall continue to be valid and enforceable. 7.3. This Agreement shall be construed and the rights and obligations of the Parties shall be determined in accordance with the laws of the State of California, with venue of any action arising out of this Agreement in Orange County, California. 7.4. Grantee shall comply with all governmental requirements which may now or in the future become applicable to its activities under this Agreement. 7.5. This Agreement, including Exhibit A, Application, and any amendments or schedules hereto, contain the full understanding and agreement of the Parties with respect to its subject matter, and no waiver, alteration or modification of any of the provisions to this Agreement shall be binding unless in writing and signed by an authorized officer of both Parties. 7.6. No waiver by either party or any breach, default, or series of breaches or defaults, and no failure, refusal, or neglect of either party to exercise any right, power, or option given to it under this Agreement or to insist upon strict compliance with the terms of this Agreement shall constitute a waiver of these provisions with respect to any subsequent breach or waiver by either party or its right at any time thereafter to require exact and strict compliance with provisions of this Agreement. 7.7. Any notice or other communication required or permitted to be made or given by either party pursuant to this Agreement will be in writing and will be deemed to have been duly given: (i) five business days after the date of mailing if sent by registered or certified U.S. mail, postage prepaid, with return receipt requested; (ii) when transmitted if sent by facsimile, provided a confirmation of transmission is produced by the sending machine; or (iii) when delivered if delivered personally or sent by express courier service. All notices to City shall include a reference to the Project title. All notices will be sent to the other party at its address as set forth below or at such other address as such party will have specified in a notice given in accordance with this section: Grantee: Orange County Children's Therapeutic Arts Center 2215 North Broadway Santa Ana, CA 92706 City: City of Santa Ana Clerk of the Council (M -30) 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 FAX (714) 647 -6956 7.8. This Agreement is subject to all applicable local, State and Federal laws. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 7.9. Grantee agrees to comply with all applicable equal opportunity and affirmative action laws as appropriate, Grantee shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Grantee affirms that it is an equal opportunity employer (if applicable) and shall comply with all applicable federal, state and local laws and regulations. 7.10. Any funds provided under this Agreement that are not expended, obligated or otherwise committed by the termination or expiration of this Agreement shall be immediately returned to City. 4 7.11. Grantee shall maintain all pertinent financial and accounting records pertaining to this Agreement in accordance with generally accepted accounting principles and other procedures reasonably specified by City. Upon termination or expiration of this Agreement or request by City, Grantee shall provide, at its expense, copies of all financial and accounting records produced by it arising out of this Agreement. 7.12. Grantee shall allow audits, compliance or special reviews and inspections, including on- site inspection, with or without prior notice, of Grantee's facilities by City or by third parties designated by City, or their authorized representatives. Grantee shall provide its full cooperation for any such audit, review or inspection, including providing timely access, for examination and copying of records (including computerized records) pertinent books, documents, papers, computer programs and records and reasonable access to its personnel. 7.13. Grantee grants to City a non - exclusive, irrevocable, transferable, royalty free, worldwide license to use, reproduce, display, distribute, and prepare derivative works for the Project conceived, performed or created as a result of this Agreement. 7.14. Grantee and any of the Grantee's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of the City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, work's compensation benefits, injury leave or other leave benefits. 7.15. Neither party shall assign any rights or obligations under this Agreement. 7.16. Each party 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. 7.17. Each party warrants that they have executed this Agreement knowingly, freely and voluntarily and with full knowledge of its legal consequences. All parties involved warrant and represent that, prior to executing this Agreement, each party has had the opportunity to review and consider this matter with legal counsel, and that the terms of this Agreement, and its consequences, are fully understood by each party. 7.18. This Agreement represents the entire agreement and understanding between the parties, and supersedes any and all prior agreements and understandings between the parties, whether oral or written. 7.19. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho City Ajtgrneyp In Attorney RECOMMENDED FOR APPROVAL: Robert C. Cdrt _ Special Assistant to the City Manager City Manager's Office CITY OF SANTA ANA C David Cavazos City Manager GRANTEE: Title: j e EXHIBIT A ARTS AND CULTURE ARTIST GRANT PROGRAM APPLICATION Orange County Children's Therapeutic Arts Center (OCCTAC) Ana Jimenez -Hami 5/10/2016 Name of Organization: Orange County Children's Therapeutic Arts Center (OCCTAC) Tax ID #: 330930891 City Ward of Project: Santa Ana Contact Person /Title: Dr. Ana Jimenez -Hami, Executive Director Address: 2215 North Broadway, Santa Ana, CA 92706 Phone Number: 714- 547 -5468 Email: ana @occtac.org Website: www.occtac.org Brief Description of Project: Orange County Children's Therapeutic Arts Center (OCCTAC) proposes to host a Summer Intensive Music Camp for Santa Ana youth as a means of educating the community of the value of classical music. The camp will also feature a Guest Composer from Latin America and professional musicians from Chamber Music OC that will teach, mentor and inspire our youth! Type of Application:: Organization is based in Santa Ana and proposes to use grant funds to provide arts and culture programming in Santa Ana, Need:: $10000, I am applying for:: Programming Costs, Equipment, If other please state below:: n/a Organization Mission and History: Mission: The mission of the Orange County Children's Therapeutic Arts Center ( OCCTAC) is to provide innovative, artistic, educational and therapeutic programs that inspire and transform children, at -risk youth, and their families to fulfill their highest potential. The mission of our After School Arts Program is to help youth develop creative self- expression, build students' self- esteem, confidence and leadership, and divert from negative social activity. OCCTAC is the only multi - disciplinary Arts organization in Santa Ana to provide music, art and dance programs for at -risk youth! History: OCCTAC was founded by Dr. Ana Jimenez -Hami in the year of 2000 after the tragic death of her parents. Dr. Jimenez started the center in their memory with the vision of providing artistic programs to children with special needs to continue the philanthropic work of her parents. One year later OCCTAC expanded programs to ALL children and youth, but focusing primarily on at -risk youth in Santa Ana, due to the lack of artistic programs in the City. During the past 16 years, our agency has successfully established a strong Community After - School Arts program to provide enrichment classes in the fields of Music, Art and Dance to underserved youth. OCCTAC has served over 15,000 youth since the year 2000, rising from 100 students in its first year to more than 1,500 youth each year. Currently, our After School Music Education programs continue to grow each year, and currently offer a wide variety of classes, including: Piano, Guitar, Harp, Violin, Viola, Woodwinds, Drums and others. OCCTAC and the founder have received numerous awards throughout the years; such as: (2006) City of Santa Ana Community Building Award, (2005) Disney Community Award, (2004) OC Human Relations Commission Award, and many others. More recently (2014), Dr. Ana Jimenez -Hami was awarded the "Hero of the Year" award by the Orange County Register. Narrative for proposed use of funds:: OCCTAC proposes to host a 4 -week Summer Intensive Music Camp for our Santa Ana youth during one entire month this year with a Visiting Artist Composer and Chamber Music OC! This is the first time we are offering an intensive Summer Music Camp for 5 days a week to expand student's opportunity to learn and create beautiful music together! Although the Summer Intensive Music Camp is a new idea, it is an expansion of our Classical Music program that we started last year at OCCTAC. During this intensive summer music camp, students will have the opportunity to attend camp 5 days per week, 3 hours each day for 1 entire month during the Summer; and engage in 3 rotations, each 45 minutes — 1 hour long rotations: 1) Beginner or Intermediate students class, 2) Music Theory/Rhythm Class, and Ensemble work (Performing Class) with Chamber Music group coaching, as well as individual Practice pull -out sessions with the help of college volunteers and interns supporting the students and our program. We plan to enroll between 50 -100 students for this exciting Summer Intensive Music Camp; and capacity will vary depending on funding and recruitment of volunteers to help support our efforts. In addition, one of our community partners (Chamber Music OC) has already committed to partnering with OCCTAC to do a presentation and performance for our students 1 day per week during our Summer Music Camp as part of their Community Outreach and education efforts! Supplemental Question 1:: There are no city permits, licenses or use of public space for this project. Project activities will be held at our Community -based organization /facility located within the City of Santa Ana. OCCTAC has all the required business permit, license and insurances required to operate our programs. Supplemental Question 2:: As noted above, the Summer Intensive Music Camp is a new idea which we have never done before! However, the Classical Music Program is an existing program at OCCTAC that started last year in an effort to teach at -risk youth from Santa Ana to play a String instrument (violin or viola) or a Woodwinds instrument (flute, clarinet or saxophone) of their choice. OCCTAC currently has various music classes and is working with our music teachers and coordinator to implement an "El Sistema," music curriculum through partnership with Chamber Music OC. "El Sistema" based music programs are designed to engage and empower students to excel and experience being an asset to their community. Aspects of the program include ensemble practice and coaching, ear training, music theory and history, Eurhythmics workshops, and performances in the Community! OCCTAC and Chamber Music OC have an ongoing partnership where a professional musician from Chamber Music OC provides monthly free community music workshops at OCCTAC to promote educational interactions through live music and make the benefits of music more accessible and approachable for the entire community. Chamber Music OC is a non - profit organization whose mission is to promote the artistic relevance of classical music throughout Southern California. Supplemental Question 3:: Yes, the project will be free and accessible to Santa Ana families that qualify. The project will be promoted through the local media channels (online and print), the networks of our Community partners, such as: City of Santa Ana, Santa Ana Downtown Inc., the Santa Ana Unified School District, and Chamber Music OC. In addition, our flyers will be distributed to all families at OCCTAC; and we serve over 1,000 youth per year! Supplemental Question 4:: This project will educate and enrich our Santa Ana students and their families about the beauty and richness of Chamber and Orchestral Music. Also, it will enrich the Santa Ana arts and culture community by bringing together professional musicians to perform in Santa Ana with our student population. OC CHILDREN'S � HE .APEUTIc ARTS 2215 North Broadway Santa Ana, CA. 92706 (714) 547 - 5468 3yww.occtac.org INVESTING IN Tn'E ARTIST SUNIMER INTENSIVE MUSIC CAMP FPROJECT TIMELINF Date Action Outcome Month before and during the Outreach and Raise community awareness about the opportunity to start-up of the Program Enrollment in enroll students in this Summer Intensive Music Camp; Summer Intensive Educate families about the benefits of students learning Music Camp to play Classical Chamber and Orchestra music; Enroll up to 100 students. Week 1 of Summer Intensive Summer Intensive Suunnner Camp students will play the music of a famous Music Camp program starts and Mexican composer, increase their understanding and students learn to appreciation for classical music fused with traditional play the music of a rand folkloric sounds of Mexico, and perform at the famous composer Community Concert that week! fiom Mexico. Week 2 of Summer Intensive Summer Intensive (Summer Camp students will play the music of a famous Music Camp program continuous (South American composer, increase their understanding and students learn and appreciation for classical music Eased with to play the music of 'traditional and folkloric sounds of South America, and a famous composer ;perform at the Community Concert that week! from South America. Week 3 of Suimmer Intensive Summer Intensive Summer Camp students will play the music of a famous Music Camp program continuous Central American composer, increase their and students learn understanding and appreciation for classical music fused to play the rausic of with traditional and folkloric sounds of a Central a famous composer America, and perform at the Community Concert that from Central week! America. Week 4 of Summer Intensive Summer Intensive Summer Camp students will play the music of a famous Music Camp program continuous Caribbean composer, increase their understanding and and students learn appreciation for classical music fused with traditional to play the music of and folkloric sounds of Puerto Rico, and perform at the a famous composer Community Concert that weekt from the Caribbean, Puerto Rico. INVESTING IN THE ARTIST LINE ITEM BUDGET PROPOSED GRANT FUNDED PROGRAMMING SERVICES PERSONNEL Description of Personnel (contracted instructors, lecturer honorarium, artist stipend etc.) Total Compensation Grant Funds Requested Chamber Music OC Honorarium $1,000 $1,000 Visiting Artist Composer Honorarium $2,000 $2,000 One month of free music instruction at OCCTAC for 50 - 100 students $5,550 $5,56b $450.00 1$450.00 EQUIPMENT, MATERIALS AND SUPPLIES ITEM (equipment, material and supplies) Quantity Unit Cost Total Cost Grant Funds Requested Fixing Music Instruments $1,000 $1,000 Printing Flyers $450.00 1$450.00 Description Total Cost Grant Funds (permits, fees, facility rental) Requested INVESTING IN THE ARTIST LINE ITEM BUDGET PROPOSED PROGRAM BUDGET PROPOSAL Enter budget categories and projected expenditures for the nronosed nrnnram, Category Expenditures Funded By Santa Ana Grant Expenditures Funded By Other Sources (Including in- kind) Total Program Budget Total Organization Budget Administrative Staff Salaries and Benefits 1$8,550 $20,000 $20,000 $25,000 Contractual /Professional Services /Stipends $78,000 $86,550 Equipment, Material, & Supplies $1,450 $2,000 $3,450 t TOTAL $10,000 $100,000 $110,000 $750,000 PROGRAM REVENUE LIST ALL OTHER PROGRAM RESOURCES "Funding Source" total must eaual "Total Program Budaet" listed ahnve FUNDING SOURCE AMOUNT Santa Ana Artist Grant $10,000 Foundations / Corporations $ 34,000 Fund - raising Events $ 15,500 Private Donations $25,000 Program Fees $25,500 TOTAL PROGRAM BUDGET ($110,000 " In A� a CERTIFICATE OF LIABILITY INSURANCE DATE (r9 /201-YY) 7/19/2016 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 INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INS pollcy(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 endorsements). PRODUCER CONTACT Certificate Issuance Team Comprehensive Insurance Services PHONE (999}709 -8800 Fax (AID, Neal, 1349)009_1655 26429 Rancho Parkway outh y EMAIL ADDRESS:info@ thecomprehensiveinsurance. com Suits 120 _.. INSURER(S) AFFORDINGCOVERAGE. NAIGV Lake Forest CA 92630 INSuRERa Non rofits Ins Alliance of CA INSURED NSURER 8: Orange County Children's Therapeutic Arts Center INSURERC: 2215 N. Broadway _ —-- - - - -_� - - - - -- INSURERS: INSURER E: Santa Ana CA 92706 INSURER F; COVERAGES CERTIFICATE NUMBER:GL /Auto /Prof /ISO REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN 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. IN3R'__.._.. _. —AWOL SUaR' -_ TR I TYPE OF INSURANCE POLICYNUMBER pAMI IpY EFF MMIDDIYYYY LIMITS X COMMERCIAL GENERAL UABIUTY EACH OCCURRENCE g 1,000,000 -- A CLAIMS MADE X OCCUR DAMAGE TO RENTED _PREMI_SES E,e oc."mrs) - -- $ 500,000 X 2015 - 09201 -NPO 12/21/2015 12/21/2016 MEDEXP(Arymeperean) _ $ 20,000 -- PERSCINAL &ADVINJURY $ 1,000,000 -- AGGREGATE LIMIT APPLIES PER PRO - A GEN'L GENERAL AGGREGATE S 2,000,000 POLICY JECT LOC PRODUCTS­-­COMP/OP AGG $ 2,000,000 OTHER $ODeductible $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT -Es ccdenq _._ § 1,000,000 _ A ANY AUTO i BODILY INJURY (Per person) _ § ALL OS AUTOS SCHEOLUED ALTOS AUTOS 2015- 09201 -N20 12 21/2015:12 21/2D16 / / BODILY INJUP.Y Peraccldenl ( ) $ X X NON OWNED HIRED AUTOS AUTOS ` PROPERTY DAMAGE _ - - -- - -- -- '- (Per acn_den})_ _5 SO OetluUibla `+ UMBRELLA LIAR I OCCUR EACH OCCURRENCE $ EXCESS LIAO I CLAIMS -MADE AGGREGATE 5 0E0 RETENTION b I 1 $ WORKERS COMPENSATION AND EMPLOYERS'UABILITY I 1___ YfN _.L$TATUTE EHH I ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERIMEM5ER EXCLUDED? NIA E.L. EACH ACCIDENT _ _. _.___ $ —__,_ (MandatorylnNH) f es, dascr:be under E.L. DISEASE - EA EMPLOYEE __ -- § OESC RIPTION OF OPERATIONS below I E. L. DISEASE - POLICY LIMP _ $ A Social Sery Professional 2015- 09201 -IMO 12/21/2015 12/21/20151$1,000B00A9gh J]CO,000OCC $0 Deductible A improper Sexual Conduct 2015 -09201 -HBO 12/21/2015 12 /21 /2016�$1,000,CCOAggA'X0'000 Ea CI $0 Deductible i O ESC RI PTION OF OP ERATION5 f LOCATIONS I VEHICLES (AGO RD 101, Additional Remarks Schedule, may be attached It more space is required( The City of Santa Ana, its officers, employees, agents, and representatives are included as Additional Insured per attached endorsement CG2026. This insurance is primary and non - contributory, 30 day notice of cancellation with 10 day notice of cancellation for non - payment of premium per policy provision. Privacy and Cyberliability is included as part of the General Liability coverage and subject to the General Liability limits per attached endorsement NIAC E52. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana (The) THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Finance & Management Services Agency ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza PO Box 1988 M -16 AUTHORIZED REPRESENTATIVE Santa Ana, CA 92702 Richard Eynon/JEREMY © 1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (201410 1) The ACORD name and logo are registered marks of ACORD INS025 (2H *11 POLICY NUMBER: 2015- 09201•NPO COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 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) 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 arising out of or related to your activities as a real estate manager for that person or organization. Information required to complete this Schedule, if not shown above, will be shown In the Declarations. A. Section II — Who Is An Insured additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury". "property damage" or "personal and advertising Injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However. 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional Insured is 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. B. With respect to the insurance afforded to these additional insureds, the following Is added to Section III — Limits Of Insurance; If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 04 13 0 ISO Properties, Inc., 2012 Page 1 of 1 NONPROFITS INSURANCE ®N ALLIANCE OF CALIFORNIA A Head forinsurance. k Heart far Nonprofits. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIVACY LIABILITY AND CYBER COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRIVACY AND ELECTRONIC DATA LIABILITY (IDENTITY THEFT INCLUDED) A. The following paragraphs are added to the Definitions Section: "Electronic data" means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD- ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. "Identity theft" means fraudulent appropriation and use of a person's identification or personal Information, including both "electronic data" as well as information contained in printed or written format. "Loss of electronic data" means: 1. Damage to, loss of, loss of use of, corruption of, inability to access or inability to manipulate "electronic data;" and 2. "Identity theft." "Protected health information" means any information, whether oral or recorded In any form or medium: (1) That relates to the past, present or future physical or mental condition of an individual; the provision of health care to an individual; or the past, present or future payment for the provision of health care to an individual; (ii) That identifies the individual or with respect to which there is a reasonable basis to believe the information can be used to identify that individual; and (iii) as defined within the Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. §1320d- 1320d -8 ( "HIPAA") and other similar federal, state or local laws or statutes. B. The following paragraph is added to the definition of "insured contract" in the Definitions Section: g. That part of any other contract or agreement pertaining to your business that indemnifies another party for tort liability arising out of "loss of electronic data ". C. For the purposes of the coverage provided by this endorsement, the definition of "occurrence" in the Definitions Section is replaced by the following: 13. "Occurrence" means an accident, Including continuous or repeated exposure to substantially the same general harmful conditions. With respect to "loss of electronic data," "occurrence" shall mean an NIAC E52 07 13 Page 1 of 3 accident, or a negligent act, error or omission or series of causally related accidents, negligent acts, or errors or omissions. D. For the purposes of the coverage provided by this endorsement, the following paragraph Is added to the definition of "property damage" In the Definitions Section: c. "Loss of electronic data." All "loss of electronic data" shall be deemed to occur at the time of the "occurrence" that caused it. E. For purposes of the coverage provided by this endorsement, the definition of "personal and advertising injury" is amended to include: h. The disclosure, loss or use of "protected health Information'. All damages which arise out of an offense which constitutes a disclosure, loss or use of "protected health information" or a series of continuous or interrelated disclosures, losses or uses of "protected health information' will be considered as arising out of one disclosure, loss or use of "protected health information' which shall be deemed to have been an offense committed on the date of the first such disclosure, loss or use of "protected health information" or violation of privacy rights through the disclosure loss or use of "protected health information ". F. For purposes of the coverage provided by this endorsement, the following paragraph is added to the definition of "property damage" in the Definitions Section: c. "Loss of electronic data." All "loss of electronic data" shall be deemed to occur at the time of the "occurrence" that caused it. G. For the purposes of the coverage provided by this endorsement the following Exclusion is added to Coverage B Personal and Advertising Injury Liability: Exclusions: (11) fines, penalties, sanctions, punitive or exemplary damages, the multiplied portion of multiplied damages, non - pecuniary relief or any amount arising from matters deemed uninsurable under the law pursuant to which this policy shall be construed. SECURITY EVENT COSTS AND EXPENSES A. We will reimburse you for reasonable costs and expenses you incur, with our prior written consent, for notification of a "security event" to third parties In compliance with governmental or judicial requirements, or for credit protection services furnished to third parties whose private information may have been disclosed. B. The following paragraphs are added to the Definitions Section: "Security event" means: 1. An act, error or omission that results, during the policy period, In unauthorized access or unauthorized use of your computer system; or 2. Unauthorized or unexpected interference by anyone that restricts or prevents access, during the policy period, to a computer system by persons who are authorized to gain such access; or 3. Infection of your computer system, during the policy period, by corrupting or harmful computer code. MAC E52 07 13 Page 2 of 3