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HomeMy WebLinkAboutDISCOVERY SCIENCE CENTER OF ORANGE COUNTYON FILE, A-2018-051 PROCEED ANGE EXPIII Z GLERi{tiFCUt4NGll Axriatnriva vvaatx uaai vvrxx �LaGivc a.+ a rva> x av } IA! , 7it1� PROV' CYCLING EDI CATION PROGRAM IA! AGREEMENT is made and entered into this 20th day of February, 2018 by and between Discovery Science Center of Orange County, a California S01(c)(3) non-profit corporation ("DSC"), 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"). RECITALS A. The DCS offers an educational program focusing on practical recycling and waste re- duction behaviors in the home, otherwise known as the Santa Ana Waste Free Days Program ("Program"). B. The Program engages visitors in a fan, interactive experience that teaches new behav- iors through exciting hands-on programming. C, City desires to engage DSC to provide the Program for Santa Ana residents free of charge once per month. D. DSC represents that it is qualified and willing to provide said educational programming. 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. DSC'S OBLIGATIONS DSC shall provide the Program, as further described below and set forth in Exhibit A. a. DSC agrees to use all funds received from City pursuant to this Agreement exclusively to provide the Program, as set forth in Exhibit A, attached hereto and fully incorporated by this reference. b. All funds received by DSC from City pursuant to this Agreement shall be separately ac- counted for apart from any other funds of DSC, or of any principal or member of DSC. C. DSC shall keep records of all funds received from City under the terms and conditions of this Agreement. DSC agrees to keep monthly records of the number of Santa Ana residents participating in the Program. DSC shall submit quarterly reports within fifteen (15) days after the quarter is completed. Said quarterly report shall include monthly ac- counting of: i. Number of Santa Ana residents targeted for services, ii. Actual number of Santa Ana residents attending the Santa Ana Waste Free Days program, iii. Number of guest surveys completed, iv. Number of Eco Challenge attendees on Santa Ana Waste Free Days, and V. Documentation of program components, including samples of printed materials. Page 1 of 7 d. Upon reasonable notice to DSC, City and/or its representatives shall have access for purposes of monitoring, auditing, and examining DSC's activities and performance, to books, documents and papers, and the right to examine records of DSC's subcontractors, bookkeepers and accountants, employees and participants regarding the Program. City and/or its representatives shall also schedule on -site monitoring at its discretion. Noth- ing herein shall be construed to require access to any privileged or confidential infor- mation as set forth in federal or state law. e. All accounting records and evidence pertaining to all costs of DSC and all documents related to this Agreement shall be kept available at DSC's office or place of business for the duration of the Agreement and three (3) years beyond. f. Without prejudice to any other provisions of this Agreement, DSC shall, where applica- ble, maintain the confidential nature of information provided to it concerning partici- pants in accordance with the requirements of federal and state law. However, DSC shall submit to City or its representatives, all records requested, including audit, examina- tions, monitoring and verifications of reports submitted by DSC, costs incurred and ser- vices rendered hereunder. 2. COMPENSATION City shall pay to DSC for the Program $11,250 per month for DSC's provision of one Program day per month, for a maximurn aggregate payment of One Hundred Thirty -Five Thousand Dollars ($135,000) annually, to be paid in quarterly installments. City shall withhold quarterly payment if DSC fails to provide the quarterly reporting as required by Section I.e., above, in conformance with this Agreement. The total amount to be expended under this Agreement shall not exceed $405,000. 3. TERM This Agreement shall commence on January 1, 2018 and terminate on December 31, 2020, un- less terminated earlier in accordance with Section 12, below. 4. INDEPENDENT CONTRACTOR DSC shall, during the entire term of this Agreement, be construed to be an independent con- tractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which DSC performs the services which are the subject matter of this Agreement; however, the services to be provided by DSC shall be provided in a manner consistent with all applicable standards and regulations governing such services. DSC shall pay all salaries and wages, employer's social security taxes, unemployment insurance and snrivar taxes for its employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, DSC shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: Page 2 of 7 a. Commercial General Liability Insurance. DSC shall maintain commercial general liabil- ity 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 DSO's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: sin- gle 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, with $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 not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Worker's Compensation Insurance. In accordance with the provisions of California law, if DSC has any employees, DSC is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, DSC agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. C. The following requirements apply to the insurance to be provided by DSC pursuant to this section: i. DSC shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agree- ment and shall be approved in form by the City. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. iv. DSC shall supply City with a fully executed additional insured endorsement. d. If DSC fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to terminate this Agreement. Such ter- mination shall not affect DSO's right to be paid for its time and materials expended prior to notification of termination. DSC waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION DSC agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the direct or indirect operations of DSC or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which re- lates to the services described in this Agreement; and (2) from any claim that personal injury, damages, Page 3 of 7 just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, aris- ing from this Agreement. DSC further agrees to indemnify, hold harmless, and pay all costs for the de- fense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONFIDENTIALITY If DSC receives from the City information which due to the nature of such information is rea- sonably understood to be confidential and/or proprietary, DSC agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than rea- sonable care. "Confidential Information" shall include all nonpublic information. Confidential infor- mation includes not only written information, but also information transferred orally, visually, elec- tronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of DSC disclosed in a publicly available source; (c) is in rightful pos- session of DSC without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by DSC without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE DSC covenants that it presently has no interests and shall not have interests, direct or indirect, that would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner pro- vided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714- 647-6956 To DSC: Discovery Science Center of Orange County Mr. L. Joseph Adams President/CEO 2500 N. Main Street Page 4 of 7 Santa Ana, California 92705 Fax 714-263-3927 A party may change its address by giving notice in writing to the other party. Thereafter, any commu- nication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and DSC, and supersedes any and all other agreements, oral or written, between the parties. In the event of a con- flict 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 DSC. The parties agree that any terms or conditions of any pur- chase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate DSC nor 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. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of DSC, DSC 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 con- sent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termina- tion. In such event, DSC shall be entitled to receive and the City shall pay DSC compensation for all services performed by DSC prior to receipt of such notice of termination, subject to the following con- ditions: a. As a condition of such payment, City may require DSC to deliver to the City all work Product completed as of such date, alld in suchease such work product shall be the property of the City unless prohibited by law, and DSC consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this Agreement. Page 5 of 7 13. NONDISCRIMINATION DSC shall not discriminate because of race, color, creed, religion, sex, marital status, sexual ori- entation, 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 activi- ties or in connection with any activities under this Agreement. DSC affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION — VENUE This Agreement has been executed and delivered in the State of California and the validity, in- terpretation, 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 con- nection with or by reason of this Agreement. 15. WAIVER No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy shall be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 16. PROFESSIONAL LICENSES DSC shall, throughout the term of this Agreement, maintain all necessary licenses, permits, ap- provals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California., the City of Santa Ana and all other governmental agencies. DSC shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature below has the power, au- thority and right to bind their respective parties to each of the terms of this Agreement, and shall in- demnify 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. b. All Exhihi is referenced herein and attached hereto shall he ineororated as if iid sat forth in the body of this Agreement. Page 6 of 7 Santa Ana Waste Free Days Proposed Scope of Work Background 1, } i DiscoveryCube° ORANGE COUNTY Since the doors opened in 2002 to what was then known as the Discovery Science Center, Santa Ana residents have received free admission on the first Tuesday of every month. Over nearly 20 years of operation, that has resulted in hundreds of thousands of local families being able to enjoy some of the most dazzling educational exhibits in the world, from Star Wars to Dora the Explorer. In 2013, Discovery Cube of Orange County and the City of Santa Ana, Department of Public Works partnered to bring Santa Ana Waste Free Day to the residents of Santa Ana, re -branding the traditional "free day" experience to place a focus on teaching practical recycling and waste - reduction behaviors in the home. Utilizing the Eco Challenge exhibit, DCOC's world -class ed- ucational content, and stage shows and hands-on demonstrations that bring scientific concepts to life, Santa Ana Waste Free Day engages resident visitors of all ages in a fun, interactive experience that teaches new behaviors. Scope of Work On the first Tuesday of each month, DCOC will welcome Santa Ana residents free of charge and implement a range of programs, activities, and guest incentives focused on the promotion of positive recycling and waste disposal habits, As a national leader in science education outreach, and as the home of the award -winning Eco Challenge exhibit, DCOC possesses a blend of resources that present a unique opportunity for the City of Santa Ana and its residents. DCOC will deliver the following program elements that will make Santa Ana Waste Free Days an immersive educational experience for all ages: Our Eco Challenge enhanced Interactive audience show will run in our Sun Stage thea- ter regularly during the day Our Eco Challenge "Jeopardy" style multi -media game show will run at regular intervals in our 40 Theater A new special interactive Eco presentation in our Planetary Research Station. New demonstrations in the Healthy Kitchen focusing on healthy living and reducing food waste. In the Eco Challenge exhibit area, our Education team will present a special table -top demonstration focused on a key aspect of the science behind Reduce, Reuse & Recycle Each Santa Ana resident guest will be provided with a program containing: A schedule of shows, demonstrations and other activities ✓ A guest survey providing an opportunity to gauge learning, complete with a prize drawing to incentivize completion ✓ Recycling and waste disposal information relevant to, and provided by, the City At the end of each quarter, DCOC will provide the City with attendance figures for each Waste Free Day, survey results and any other data gathered as a result of the partnership. As City staff, and most residents, are aware, Discovery Cube has nearly doubled in size over the past couple years, adding a wealth of exhibits and teaching spaces that further enhance guest experience. This expansion has caused a spike in attendance that we expect will be reflected accordingly on Santa Ana Waste Free Days. While our annual attendance on Santa Ana Waste Free Days over the past few years has hovered right around 10,000 guests per year, we anticipate that figure to rise 15-20%, as has our overall paid attendance. Based on our attendance projections for the coming year, DCOC projects to reach approximately 11,000 Santa Ana residents through this program in the coming year, Total annual cost of the program including programming and reporting is $145,000 per year. Discovery Cube is requesting the term of the program to be for three years. The years intended for service are; January 1, 2018 — December 31, 2018 January 1, 2019 — December 31, 2019 and January 1, 2020 — December 31, 2020 Program payments can be made on an annual basis (due January 1), semi-annual basis (due January 1 and July 1), quarterly basis (January 1, April 1, July 1, October 1) or on a monthly basis (due the 1st of each month). 271009 CERTIFICATE OF LIABILITY INSURANCE DATDIYYYY) 31241224/2017 - THIS CERTIFICATE 18 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE FIOLDER. 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: 1f the certificate holder Is an ADDITIONAL INSURED, the policy(fes) must have ADDITIONAL INSURED provisions or hR andorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement an this certificate does not Confer rights to the certificate, holder in lieu of auoh. endorsament s PRODUCER N�1 jE-CT Ronald Rodriguez Commercial Lines • 213-253.6709 - NONN Ext)a 818-447�2014 FAX NH; 868.968-6887 Wells Fargo Insurance Services, no. • CA Llc#: OD08408 - - _ A D&S ron.rodrlguaz vvellsfarpn.com 333 S. Grand '—" INSURERS APPgRDINe COVERAGE NAIC# Los Angeles, CA. 90071 INSURBRA: Phlladelphla Indemnity Insurance Company 18058 INSURED - _ INSURER a: Travelers Property Casualty Cc of America 25674 Discovery Science Center of Orange County INBURER C: 2500 North Main Street --- - INSURER n: Santa Ana, CA 92706 - INSURER E: INSURER F: --_—- COVERAGES. Ixo:ulmx�oaunl,nl:rs;a�nzrirrrar:-1tivlyrnr�nra�nd=av-T�:rnr.Lm THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED NELOW 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 - CERTIFICATEMAY 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, 1 B T T 'TYPE OF INSURANCe AYf6I.9V I R-- YB.. POLICYNUM13ER. POi4 E MM DOIYYYY Pp MMIUD' Y LIMITS - - A X COMMERCIAL GENERAL. LIAOILITY _. CLAIMS -MADE ff]occuR X PHPK1590101 12115/2010 7/1/2018AC EH OCCURRENCE $.' 1; a040c0 _ PREMlgESfEaauurEn ueL S _ 11000,000 MEn EXP Al one paYBai,1- -_5 Ups _ _ ....._ PERSONAL& ARV INJURY $ Icon,= LIMIT APPLIES PER: POLICY u PRO ❑ 40C GLNERALAOGREGATE S 21000000 0EN4.AGGREGATE X PRODUCT$ CgMPIOP_A_0_G. S. 21000,000 Se%gol AbusalMblestallen S Included 4'rHER: A AUTOMOBILE X LIABILITY ANY AUTO PHPKI690101 - 12/1512016 7/l/2018 11111NED'SINGLE LIMIT 90DILY INJURY (Psrperson).�- 1,0001000 X OWNED � SCHEIII1ULED' AUTOS ONLY „w AUTOr4 HIRED '"X NON.GWNED. AUTOS tlNLY :AUTCSONLY - - - eODILV INJURY (Per acaidanl ( Y. pREFZ YY AMAfiE. �� e 0C al. -....,.............:...,...:� $ .5.� "'"` „"" F A X' �._ UMBRELLALIAB ... X ,.. Of Cl1R PHUBG67998 11.....016 t2115/2016: 711/2018 . EACH CAR......,„...... cquRRENCii.u,gB9,a9a- _ ,,...e.� EXCESSLIAB CLAIMS -MADE - - AGOIrGATE (JD RET'NTI N. - WORKERSCOMPENSATION YIN AND EMPLOYERS LIABILITY. ANYPNOPRIETORIPARTNERMXECU(IVE BEREXCLUDED4 CFrIOERIMNMN (Mondoiory In Ntil If yyes, desmlhe under D SCRIPTIO OF OPE ATIbNBbdl w NIA PJUS3,12633851.7 04101/17 - 04/01/18 CL EACH ACCIDENT - II 1,000,000 E.L. DISEASE EA EMPLOYEE $ 1,000,000 E.I., DISEASE • POLICY LIMIT $ 1,00000p DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES IACCRD111. Zulu s..I Furn. secheduis, may as aUshud if mma space is roqulradl The City of Berka Ana .Is Included as Add Morel Insured for General Llab11Ity as requlrod by written contract, - GercIIVIL; tIG rIULUER CANCELLATION e7 d E`7JIPt l rg 1� City Of Santa Ana - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED. BEFORE - THE EXPIRATION .DATE THEREOF, NOTICE WILL BE DELIVERED IN Public Works Agency, M•21 - ACCORDANCE WITH THE POLICY PROVISIONS, 20 Civic Center Plaza P O t30X 1988 AUTHORIZED REPRESENTATIVE Santa Ana CA 92702 The A0ORD name and logo are registered marks of ACORD ©1980.2015 ACORD CORPORATION, All rights reserved. ACORD 25 (2016103) 11111111111111111111111111IE IIIII II I I IIIIIII III 1111111111111111111111111111111 rove0m04r0n0e6n02m31Mrmn• 271069 A`C� �® CERTIFICATE OF LIABILITY INSURANCE DATE IYYYY) 4/23/2023/2018 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 Commercial Lines - 213-253-6700 USI Insurance Services National, Inc. - CA Lic#: OD08408 CONTACT Norah.Jacobo NAME: PHONE FAx A/C No Ext : AIC No): E-MAIL ADDRESS: Norah.Jacobo@usi.com 777 South Figueora St, Ste 2100 INSURER(S)AFFORDING COVERAGE NAIC# Los Angeles, CA 90017 INSURERA: Philadelphia Indemnity Insurance Company 18058 INSURED Discovery Science Center of Orange County INSURERB: Travelers Property Casualty Co of America 25674 INSURER C 2500 North Main Street INSURERD: Santa Ana, CA 92705 INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: 12968799 REVISION NUMBER: See below 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 LTR 7ypE OF INSURANCE ADDL INSD SUER WVD POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MMIDDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR X PHPK1590101 12/15/2016 7/1/2018 EACH OCCURRENCE S 1,000,000 DAMAGE TO RENTED PREMISES Ea occurrence _ S 1,000,000 MED EXP (Any one person) S 5,000 PERSONAL & ADV INJURY S 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 2,000,000 X POLICY PRO JECT LOC PRODUCTS - COMP/OP AGG S 2.000,000 Sexual Abuse/Molestation S Included OTHER: A AUTOMOBILE LIABILITY X PHPK1590101 12/15/2016 7/1/2018 EeacoideDISINGLELIMIT $ 1.000,000 BODILY INJURY (Per person) S X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) S 11 HIRED X I NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Per accident $ $ A X UMBRELLALIAB X OCCUR PHUB567098 12/15/2016 7/1/2018 EACH OCCURRENCE S 11,000,000 AGGREGATE $ 11,000,000 EXCESS LIAB CLAIMS -MADE DED RETENTIONS S B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYPROPRIETOR/PARTNERIEXECUTIVE C OFFICER/MEMBER EXCLUDED? N (Mandatory in NH) N/A X UB-003K355354-18 04/01/18 04/01/19 x STAPE TUTE EORH —"-'"'- E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE S 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Santa Ana is an Additional Insured for General Liability as required by written contract. The coverage is primary and not contributory. REVIEWED BY: EUNICE HEREDIA (PG JOF ) UtK I IfIUA I t HULUtK City of Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 Civic Center Plaza - #M - Ross Annex ACCORDANCE WITH THE POLICY PROVISIONS. Santa Ana, CA 92701 AUTHORIZED REPRESENTATIVE 9(-' The ACORD name and logo are registered marks of ACORD @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) 271069 .4C�/2 y 0 AC"RV CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 7/3/2018 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 Commercial Lines - 213-253-6700 USI Insurance Services National, Inc. - CA Lic#: OD08408E-MAIL 777 South Fig ueora St, Ste 2100 CONTACT NAME: NOrah.JaCObO PHONE FAX A/C No Ext : A/C No): ADDRESS: Norah.Jacobo@usi.com INSURER(S)AFFORDING COVERAGE NAIC# Los Angeles, CA 90017 INSURERA; Philadelphia Indemnity Insurance Company 18058 INSURED Discovery Science Center of Orange County INSURERS: Travelers Property Casualty Cc of America 25674 INSURER C : 2500 North Main Street INSURER 0: INSURER E ........................_....................................._........._..........................................................._,...................................................-......-.......... Santa Ana, CA 92705 .._ INSURER F : .......,.. COVERAGES CERTIFICATE NUMBER: 13274250 REVISION NUMBER: See below 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. - --. _._....................._.....__..._.....__......_......_....._...__....... .. _......................_.,.. _..._........._....--,................_..._...__.....__.....,........._..__....._. ILTR TYPE OF INSURANCE INSO WVD POLICY NUMBER MM DDl YYY MMIDDI YYY LIMITS_ A X COMMERCIALGENERALLIABILITY X CLAIMS -MADE OCCUR X PHPK1843692 7/1/2018 7/1/2019 EACH OCCURRENCE ..[DAMAGE'1`Z5"rf�NT�.D.........__..._ PREMISES„{Ea uccurrenc�)_......._w $ 1,000,000 ..........................._.......,.....................,,. .......................__. 100,000 ............................. MED EXP (Any one person)....._. . $ ......................__. 5,000 ........................ PERSONAL & A_DV INJURY $ 1,000,000 AGGREGATE LIM IT APPLIES PER: G EN'L GENERAL AGGREGATE $ 2,000,000 X PRO- POLICY1:1 JE07 LOG ------------ PRODUCTS-COMP/OPAGG ...................... .—.1-- ............ ----------------- $ 2,000,000 OTHER: Sexual Abuse/Molestation $ Included A AUTOMOBILE LIABILITY PHPK1843692 7/1/2018 7/1/2019 COMBINED SINGLE LIMIT fEa accidenU $ 1,000,000 BODILY INJURY (Per person) $ X AINY AUTO OWNED SCHEDULED AUTOS ONLY _ AUTOS BODILY INJURY (Per accident) 5 ._. __.__-4YNV4VLL--- PROPERTY DAMAGE Per accident X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY A X UMBRELLALIAB X OCCUR PHUB567098 7/1/2018 7/1/2019 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? C (Mandatory In NH) N/A UB003K35535418 04/01/18 04/01/01/19 OTH- X STATUTE_ ER _ E.L. EACH ACCIDENT $ 1.000,000 — —NT _ E,L, DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE • POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) The City of Santa Ana is Included as named as additional insured as it relates t0 general liability in accordance with the terms and conditions of the policy. Umbrella follows form as it relates to additional insureds. REVIEWED BY EUNICE FIEREOI _ PG (OF City of Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Public Works Agency, M 21 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN y ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza P O BOX 1988 AUTHORIZED REPRESENTATIVE Santa Ana CA 92702 5'e10 � The ACORD name and logo are registered marks of ACORD ©1988.2015 ACORD CORPORATION, All rights reserved, ACORD 25 (2016/03) PI-GLD-MK (03/12) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY DELUXE ENDORSEMENT: CULTURAL INSTITUTIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE It is understood and agreed that the following extensions only apply in the event that no other specific coverage for — - the indicated loss exposure is provided under this policy. If such specific coverage applies, the terms, conditions and limits of that coverage are the sole and exclusive coverage applicable under this policy, unless otherwise noted on this endorsement. The following is a summary of the Limits of Insurance and additional coverages provided by this endorsement. For complete details on specific coverages, consult the policy contract wording. Coverage Applicable Limit of Insurance Page # Extended Property Damage Included 2 Non -Owned Watercraft Less than 58 feet 2 Damage to Premises Rented to You $1,000,000 2 Personal and Advertising Injury — Televised or Videotaped Publication Included 3 Medical Payments $20,000 4 Medical Payments — Extended Reporting Period 3 years 4 Athletic Activities Amended 4 Supplementary Payments — Bail Bonds $5,000 4 Supplementary Payment — Loss of Earnings $1,000 per day 4 Employee Indemnification Defense Coverage $25,000 5 Additional Insured — Managers and Supervisors (with Fellow Employee Coverage) Included 5 Additional Insured — Broadened Named Insured Included 5 Additional Insured — Funding Source Included 5 Additional Insured — Managers, Landlords, or Lessors of Premises Included 5 Additional Insured — Lessor of Leased Equipment Included 5 Additional Insured —Vendor Included 6 Additional Insured —As Required by Contract Included 7 Additional Insured — State or Political Subdivisions Included 7 General Aggregate Per Location Included 7 Duties in the Event of Occurrence, Claim or Suit Included 7 Unintentional Failure to Disclose Hazards included 8 Transfer of Rights of Recovery Against Others To Us Clarification 8 Liberalization Included 8 Bodily Injury — includes Mental Anguish Included 8 Personal and Advertising Injury — includes Abuse of Process, Discrimination Included 8 Page 1 of 9 Includes copyrighted material of Insurance Services Office, Inc,, with permission. O 2012 Philadelphia Indemnity Insurance Company REVIEWED BY: EUNICE HEREDIA (Po-�,oF (�} A. Extended Property Damage SECTONU—COVERAGES.COVERAGE ABODILY INJURY AND PROPERTY DAMAGE Lk4B|LOY, Subsection 2. Eou|umiunm. Paragraph a. iadeleted in its entirety and replaced by the m. Expected mrIntended Injury "Bodily injury" or "property damage" expected or intended from the standpoint oftheinoured. This exclusion does not apply 8o^bod|ly|rUury^or^pmportYUameQe^reou|Unghomtheuoeuf reasonable force to protect persons or property. B. Non -Owned Watercraft SECT|ONy—COVERAGEG.COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph g. (2) is deleted in its entirety and replaced by the (2) A watercraft you do not own that is: (a) Less than 58 feet long; and (b) Not being used tocarry persons orproperty for acharge; This provision applies to any person, who with your consent, either uses or is responsible for the use of a watercraft, This insurance is excess over any other valid and collectible insurance available to the insured whether primary, excess or contingent. C. Damage toPremises Rented tmYou 1' If damage you kynot otherwise excluded from this Coverage Part, the word "fine"iechanged to "fina.lightning, explosion, smoke, ovleakage from automatic fire protective systems" where it appears in: o. The last paragraph of SECTION| — COVERAGES, COVERAGE ABODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2.Exclusions; isdeleted inIts entirety and replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner, A separate limit of insurance applies to this coverage as described in SECTION III — LIMITS OF INSURANCE. lb. SECTION III — LIMITS OFINSURANCE, Paragraph S. isdeleted inits entirety and replaced by the following: Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems while rented to you or temporarily occupied by you with permission of the owner. c. SECTION V — DEFINITIONS, Paragraph 9.a., is deleted in its entirety and replaced by the Page 2ofA Includes copyrighted material ofInsurance Services Office, Inc,, with permission. @2U12Philadelphia Indemnity Insurance Company PI-GLD-MK (03/12) A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; 2. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Subsection 4. Other Insurance, Paragraph b. Excess Insurance, (1)(a)(ii) is deleted in its entirety and replaced by the following: That is insurance for fire, lightning, explosion, smoke, or leakage from automatic fire protective systems for premises rented to you or temporarily occupied by you with permission of owner; 3. The Damage To Premises Rented To You Limit section of the Declarations is amended to the greater of: a. $1,000,000; or b. The amount shown in the Declarations as the Damage to Premises Rented to You Limit. This is the most we will pay for all damage proximately caused by the same event, whether such damage results from fire, lightning, explosion, smoke, or leaks from automatic fire protective systems or any combination thereof. D. Personal and Advertising Injury — Televised or Videotaped Publication 1. SECTION I — COVERAGES, COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY, Subsection 2. Exclusions, Paragraphs b. and c. are deleted in their entirety and replaced by the following: b. Material Published With Knowledge Of Falsity "Personal and advertising injury" arising out of oral, written, televised, or videotaped publication of material, If done by or at the direction of the insured with knowledge of Its falsity. c. Material Published Prior To Policy Period "Personal and advertising injury" arising out of oral, written, televised, or videotaped publication of material whose first publication took place before the beginning of the policy period. 2. SECTION V — DEFINITIONS, Paragraph 14. Is deleted in its entirely and replaced by the following. "Personal and advertising injury" means injury, including consequential "bodily injury", arising out of one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies, committed by or on behalf of its owner, landlord or lessor; Page 3 of 9 Includes copyrighted material of Insurance Services Office, Inc„ with permission. © 2012 Philadelphia Indemnity Insurance Compa y REVIEWED BY: EUNICE HEREDIA (PG qor��) PI-GLD-MK (03/12) d. Oral, written, televised, or videotaped publication, in any manner, of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral, written, televised, or videotaped publication, in any manner, of material that violates a person's right of privacy; f. The use of another's advertising idea in your "advertisement"; or g. Infringing upon another's copyright, trade dress, slogan, title, or slogan in your "advertisement." E. Medical Payments — Limit Increased to $20,000, Extended Reporting Period If COVERAGE C MEDICAL PAYMENTS is not otherwise excluded from this Coverage Part: 1. The Medical Expense Limit is changed subject to all of the terms of SECTION III — LIMITS OF INSURANCE to the greater of: a. $20,000; or b. The Medical Expense Limit shown in the Declarations of this Coverage Part. 2. SECTION I — COVERAGE, COVERAGE C MEDICAL PAYMENTS, Subsection 1. Insuring Agreement, a. (3) (b) is deleted in its entirety and replaced by the following: (b) The expenses are incurred and reported to us within three years of the date of the accident. F. Athletic Activities SECTION I — COVERAGES, COVERAGE C MEDICAL PAYMENTS, Subsection 2. Exclusions, Paragraph e. Athletic Activities is deleted in its entirely and replaced with the following: e. Athletic Activities To a person injured while taking part in athletics. G. Supplementary Payments SECTION I — COVERAGES, SUPPLEMENTARY PAYMENTS — COVERAGE A AND B are amended as follows. 1. b. is deleted in its entirety and replaced by the following: 1, b. Up to $5000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these. 1.d. is deleted in its entirety and replaced by the following: 1. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $1,000 a day because of time off from work. Page 4 of 9 Includes copyrighted material of Insurance Services Office, Inc,, with permission. O 2012 Philadelphia Indemnity Insurance Company R�VIEWIEwD BY UN[G HRFC3iA (pc n� (j) H. Employee Indemnification Defense Coverage SECTION U—COVERAGES, SUPPLEMENTARY PAYMENTS—COVERAGESAANDBthe following is added: We will pay, onyour behalf, defense costs incurred byan^omployaa^inacriminal proceeding occurring in the course of employment. The most will pay for any "employee" ohnine| proceeding is $25,000 regardless of the numbers of "employees," claims or "suits" brought or persons cvorganizations making claims orbringing ^ouitn." L Additional Insureds SECTION U—WHO |GAN INSURED ioamended eafollows: Each of the following is also an insured: t Managers and Supervisors with respect to their duties as your managers and supervisors. Managers and supervisors who are your "employees" are also insureds for "bodily injury" to a co -"employee" while in the course of his or her employment by your or performing duties related to the conduct of your business. This provision does not change Item 2.a.(I)(a)aaitapplies tomanagers ofalimited liability 2. Broadened Named Insured — Any organization and subsidiary thereof which you control and actively manage onthe effective date ofthis Coverage Part, However, coverage does not apply to any organization or subsidiary not named in the Declarations as Named Insured, if they are also insured under another similar policy, but for its termination or the exhaustion of its limits of insurance. 3. Funding Source — Any person cvorganization with respect totheir liability arising out of: a. Their financial control of you; or b. Premises they own, maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization, 4. Managers, Landlords, mrLeemonaofPremisem—Anypersnnororgonbadonwhhrespeo to their liability arising out of the ownership, maintenance or use of that part of the premises leased or rented to you subject to the following additional exclusions: This insurance does not apply to: m. Any "occurrence" which takes place after you cease to be a tenant in that premises; or b. Structural alterations, new construction or demolition operations performed by or on behalf of that person or organization. S. Lessor ofLeased Equipment— Automatic Status When Required inLease Agreement With You Any person ororganization from whom you lease equipment when you andsuch person or organization have agreed in writing in a contract or agreement that such person or Page 5ofQ Includes copyrighted material of Insurance Services Office, Inc., with permission, ��2O12Philadelphia Indemnity Insurance Company PI-GLD-MK (03/12) organization is to be added as an additional insured on your policy, Such person or organization is an insured only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. 6. Vendors — Any person(s) or organization(s) (referred to below as vendor), but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: a. The insurance afforded the vendor does not apply to: (1) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (2) Any express warranty unauthorized by you; (3) Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (5) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (8) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (a) The exceptions contained in Sub -paragraphs (4) or (6); or (b) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. b, This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing. Page 6 of 9 Includes copyrighted material of Insurance Services Office, Inc., with permission. U 2012 Philadelphia Indemnity Insurance Company rz vl r la I 1 6ICE HE E [A (0c • of /v j PI-GLD-MK (03/12) 7. As Required by Contract — Any person or organization where required by a written contract executed prior to the occurrence of a loss. Such person or organization is an additional insured for "bodily injury," "property damage" or "personal and advertising injury" but only for liability arising out of the negligence of the named insured. The limits of insurance applicable to these additional insureds are the lesser of the policy limits or those limits specified in a contract or agreement. These limits are included within and not in addition to the limits of insurance shown in the Declarations 8. State or Political Subdivisions — Any state or political subdivision as required, subject to the following provisions: a. This insurance applies only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit, and is required by contract. b. This insurance does not apply to: (1) "Bodily injury," "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or (2) "Bodily injury" or "property damage" included within the "products -completed operations hazard." J. General Aggregate Per Location SECTION III — LIMITS OF INSURANCE, Paragraph 2. Is amended to include the following additional provision: The General Aggregate Limit applies separately to each of your "locations" owned by or rented to you. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. K. Duties in the Event of Occurrence, Claim or Suit SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 2. is amended as follows: Item a. is amended to include: This condition applies only when the "occurrence" or offense is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; or (3) An executive officer or insurance manager, if you are a corporation. Item b. is amended to include: This condition will not be considered breached unless the breach occurs after such claim or "suit" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; or Page 7 of 9 Includes copyrighted material of Insurance Services Office, Inc,, with permission. © 2012 Philadelphia Indemnity Insurance Company PI-GI-D-MK (03/12) (3) An executive officer or insurance manager, if you are a corporation. L. Unintentional Failure To Disclose Hazards SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, 6. Representations is amended to include the following: It is agreed that, based on our reliance on your representations as to existing hazards, if you should unintentionally fail to disclose all such hazards prior to the beginning of the policy period of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure. M. Transfer of Rights of Recovery Against Others To Us SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, 8. Transfer of Rights of Recovery Against Others To Us is deleted in its entirety and replaced by the following: If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. Therefore, the insured can waive the insurer's Rights of Recovery prior to the occurrence of a loss, provided the waiver is made in a written contract, N. Liberalization SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, is amended to include the following: If we revise this endorsement to provide more coverage without additional premium charge, we will automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state. O. Bodily Injury— Mental Anguish SECTION V — DEFINITIONS, Paragraph 3. is deleted in its entirety and replaced by the following: "Bodily injury": a. Means bodily injury, sickness or disease sustained by a person, and includes mental anguish resulting from any of these; and b. Except for mental anguish, includes death resulting from the foregoing (Item a. above) at any time. P. Personal and Advertising Injury — Abuse of Process, Discrimination If COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY COVERAGE is not otherwise excluded from this Coverage Part, the definition of "personal and advertising injury" is amended as follows: 1. SECTION V — DEFINITIONS, Paragraph 14.b. is deleted in its entirety and replaced by the following: b. Malicious prosecution or abuse of process; 2. SECTION V -- DEFINITIONS, Paragraph 14. is amended to include the following: Page 8 of 9 Includes copyrighted material of Insurance Services Office, Inc., with permission. U 2012 Philadelphia Indemnity Insurance Company F{EVIEWED BY; EUNICE HER DIA (PG F ((}) PI-GLD-MK (03/12) Discrimination based on race, color, religion, sex, age or national origin, except when: a. Done intentionally by or at the direction of, or with the knowledge or consent of: (1) Any insured; or (2) Any executive officer, director, stockholder, partner or member of the insured; b. Directly or indirectly related to the employment, former or prospective employment, termination of employment, or application for employment of any person or persons by an insured; c. Directly or indirectly related to the sale, rental, lease or sublease or prospective sales, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any insured; or d. Insurance for such discrimination is prohibited by or held in violation of law, public policy, legislation, court decision or administrative ruling, The above does not apply to fines or penalties imposed because of discrimination. Page 9 of 9 Includes copyrighted material of Insurance Services Office, Inc., with permission. O 2012 Philadelphia Indemnity Insurance Company REV >vrour�ic i lizr l Pa. �. 271069 .4C�/2 y 0 AC"RV CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 7/3/2018 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 Commercial Lines - 213-253-6700 USI Insurance Services National, Inc. - CA Lic#: OD08408E-MAIL 777 South Fig ueora St, Ste 2100 CONTACT NAME: NOrah.JaCObO PHONE FAX A/C No Ext : A/C No): ADDRESS: Norah.Jacobo@usi.com INSURER(S)AFFORDING COVERAGE NAIC# Los Angeles, CA 90017 INSURERA; Philadelphia Indemnity Insurance Company 18058 INSURED Discovery Science Center of Orange County INSURERS: Travelers Property Casualty Cc of America 25674 INSURER C : 2500 North Main Street INSURER 0: INSURER E ........................_....................................._........._..........................................................._,...................................................-......-.......... Santa Ana, CA 92705 .._ INSURER F : .......,.. COVERAGES CERTIFICATE NUMBER: 13274250 REVISION NUMBER: See below 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. - --. _._....................._.....__..._.....__......_......_....._...__....... .. _......................_.,.. _..._........._....--,................_..._...__.....__.....,........._..__....._. ILTR TYPE OF INSURANCE INSO WVD POLICY NUMBER MM DDl YYY MMIDDI YYY LIMITS_ A X COMMERCIALGENERALLIABILITY X CLAIMS -MADE OCCUR X PHPK1843692 7/1/2018 7/1/2019 EACH OCCURRENCE ..[DAMAGE'1`Z5"rf�NT�.D.........__..._ PREMISES„{Ea uccurrenc�)_......._w $ 1,000,000 ..........................._.......,.....................,,. .......................__. 100,000 ............................. MED EXP (Any one person)....._. . $ ......................__. 5,000 ........................ PERSONAL & A_DV INJURY $ 1,000,000 AGGREGATE LIM IT APPLIES PER: G EN'L GENERAL AGGREGATE $ 2,000,000 X PRO- POLICY1:1 JE07 LOG ------------ PRODUCTS-COMP/OPAGG ...................... .—.1-- ............ ----------------- $ 2,000,000 OTHER: Sexual Abuse/Molestation $ Included A AUTOMOBILE LIABILITY PHPK1843692 7/1/2018 7/1/2019 COMBINED SINGLE LIMIT fEa accidenU $ 1,000,000 BODILY INJURY (Per person) $ X AINY AUTO OWNED SCHEDULED AUTOS ONLY _ AUTOS BODILY INJURY (Per accident) 5 ._. __.__-4YNV4VLL--- PROPERTY DAMAGE Per accident X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY A X UMBRELLALIAB X OCCUR PHUB567098 7/1/2018 7/1/2019 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? C (Mandatory In NH) N/A UB003K35535418 04/01/18 04/01/01/19 OTH- X STATUTE_ ER _ E.L. EACH ACCIDENT $ 1.000,000 — —NT _ E,L, DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE • POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) The City of Santa Ana is Included as named as additional insured as it relates t0 general liability in accordance with the terms and conditions of the policy. Umbrella follows form as it relates to additional insureds. REVIEWED BY EUNICE FIEREOI _ PG (OF City of Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Public Works Agency, M 21 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN y ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza P O BOX 1988 AUTHORIZED REPRESENTATIVE Santa Ana CA 92702 5'e10 � The ACORD name and logo are registered marks of ACORD ©1988.2015 ACORD CORPORATION, All rights reserved, ACORD 25 (2016/03) PI-GLD-MK (03/12) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY DELUXE ENDORSEMENT: CULTURAL INSTITUTIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE It is understood and agreed that the following extensions only apply in the event that no other specific coverage for — - the indicated loss exposure is provided under this policy. If such specific coverage applies, the terms, conditions and limits of that coverage are the sole and exclusive coverage applicable under this policy, unless otherwise noted on this endorsement. The following is a summary of the Limits of Insurance and additional coverages provided by this endorsement. For complete details on specific coverages, consult the policy contract wording. Coverage Applicable Limit of Insurance Page # Extended Property Damage Included 2 Non -Owned Watercraft Less than 58 feet 2 Damage to Premises Rented to You $1,000,000 2 Personal and Advertising Injury — Televised or Videotaped Publication Included 3 Medical Payments $20,000 4 Medical Payments — Extended Reporting Period 3 years 4 Athletic Activities Amended 4 Supplementary Payments — Bail Bonds $5,000 4 Supplementary Payment — Loss of Earnings $1,000 per day 4 Employee Indemnification Defense Coverage $25,000 5 Additional Insured — Managers and Supervisors (with Fellow Employee Coverage) Included 5 Additional Insured — Broadened Named Insured Included 5 Additional Insured — Funding Source Included 5 Additional Insured — Managers, Landlords, or Lessors of Premises Included 5 Additional Insured — Lessor of Leased Equipment Included 5 Additional Insured —Vendor Included 6 Additional Insured —As Required by Contract Included 7 Additional Insured — State or Political Subdivisions Included 7 General Aggregate Per Location Included 7 Duties in the Event of Occurrence, Claim or Suit Included 7 Unintentional Failure to Disclose Hazards included 8 Transfer of Rights of Recovery Against Others To Us Clarification 8 Liberalization Included 8 Bodily Injury — includes Mental Anguish Included 8 Personal and Advertising Injury — includes Abuse of Process, Discrimination Included 8 Page 1 of 9 Includes copyrighted material of Insurance Services Office, Inc,, with permission. O 2012 Philadelphia Indemnity Insurance Company REVIEWED BY: EUNICE HEREDIA (Po-�,oF (�} A. Extended Property Damage SECTONU—COVERAGES.COVERAGE ABODILY INJURY AND PROPERTY DAMAGE Lk4B|LOY, Subsection 2. Eou|umiunm. Paragraph a. iadeleted in its entirety and replaced by the m. Expected mrIntended Injury "Bodily injury" or "property damage" expected or intended from the standpoint oftheinoured. This exclusion does not apply 8o^bod|ly|rUury^or^pmportYUameQe^reou|Unghomtheuoeuf reasonable force to protect persons or property. B. Non -Owned Watercraft SECT|ONy—COVERAGEG.COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph g. (2) is deleted in its entirety and replaced by the (2) A watercraft you do not own that is: (a) Less than 58 feet long; and (b) Not being used tocarry persons orproperty for acharge; This provision applies to any person, who with your consent, either uses or is responsible for the use of a watercraft, This insurance is excess over any other valid and collectible insurance available to the insured whether primary, excess or contingent. C. Damage toPremises Rented tmYou 1' If damage you kynot otherwise excluded from this Coverage Part, the word "fine"iechanged to "fina.lightning, explosion, smoke, ovleakage from automatic fire protective systems" where it appears in: o. The last paragraph of SECTION| — COVERAGES, COVERAGE ABODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2.Exclusions; isdeleted inIts entirety and replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner, A separate limit of insurance applies to this coverage as described in SECTION III — LIMITS OF INSURANCE. lb. SECTION III — LIMITS OFINSURANCE, Paragraph S. isdeleted inits entirety and replaced by the following: Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems while rented to you or temporarily occupied by you with permission of the owner. c. SECTION V — DEFINITIONS, Paragraph 9.a., is deleted in its entirety and replaced by the Page 2ofA Includes copyrighted material ofInsurance Services Office, Inc,, with permission. @2U12Philadelphia Indemnity Insurance Company PI-GLD-MK (03/12) A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; 2. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Subsection 4. Other Insurance, Paragraph b. Excess Insurance, (1)(a)(ii) is deleted in its entirety and replaced by the following: That is insurance for fire, lightning, explosion, smoke, or leakage from automatic fire protective systems for premises rented to you or temporarily occupied by you with permission of owner; 3. The Damage To Premises Rented To You Limit section of the Declarations is amended to the greater of: a. $1,000,000; or b. The amount shown in the Declarations as the Damage to Premises Rented to You Limit. This is the most we will pay for all damage proximately caused by the same event, whether such damage results from fire, lightning, explosion, smoke, or leaks from automatic fire protective systems or any combination thereof. D. Personal and Advertising Injury — Televised or Videotaped Publication 1. SECTION I — COVERAGES, COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY, Subsection 2. Exclusions, Paragraphs b. and c. are deleted in their entirety and replaced by the following: b. Material Published With Knowledge Of Falsity "Personal and advertising injury" arising out of oral, written, televised, or videotaped publication of material, If done by or at the direction of the insured with knowledge of Its falsity. c. Material Published Prior To Policy Period "Personal and advertising injury" arising out of oral, written, televised, or videotaped publication of material whose first publication took place before the beginning of the policy period. 2. SECTION V — DEFINITIONS, Paragraph 14. Is deleted in its entirely and replaced by the following. "Personal and advertising injury" means injury, including consequential "bodily injury", arising out of one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies, committed by or on behalf of its owner, landlord or lessor; Page 3 of 9 Includes copyrighted material of Insurance Services Office, Inc„ with permission. © 2012 Philadelphia Indemnity Insurance Compa y REVIEWED BY: EUNICE HEREDIA (PG qor��) PI-GLD-MK (03/12) d. Oral, written, televised, or videotaped publication, in any manner, of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral, written, televised, or videotaped publication, in any manner, of material that violates a person's right of privacy; f. The use of another's advertising idea in your "advertisement"; or g. Infringing upon another's copyright, trade dress, slogan, title, or slogan in your "advertisement." E. Medical Payments — Limit Increased to $20,000, Extended Reporting Period If COVERAGE C MEDICAL PAYMENTS is not otherwise excluded from this Coverage Part: 1. The Medical Expense Limit is changed subject to all of the terms of SECTION III — LIMITS OF INSURANCE to the greater of: a. $20,000; or b. The Medical Expense Limit shown in the Declarations of this Coverage Part. 2. SECTION I — COVERAGE, COVERAGE C MEDICAL PAYMENTS, Subsection 1. Insuring Agreement, a. (3) (b) is deleted in its entirety and replaced by the following: (b) The expenses are incurred and reported to us within three years of the date of the accident. F. Athletic Activities SECTION I — COVERAGES, COVERAGE C MEDICAL PAYMENTS, Subsection 2. Exclusions, Paragraph e. Athletic Activities is deleted in its entirely and replaced with the following: e. Athletic Activities To a person injured while taking part in athletics. G. Supplementary Payments SECTION I — COVERAGES, SUPPLEMENTARY PAYMENTS — COVERAGE A AND B are amended as follows. 1. b. is deleted in its entirety and replaced by the following: 1, b. Up to $5000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these. 1.d. is deleted in its entirety and replaced by the following: 1. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $1,000 a day because of time off from work. Page 4 of 9 Includes copyrighted material of Insurance Services Office, Inc,, with permission. O 2012 Philadelphia Indemnity Insurance Company R�VIEWIEwD BY UN[G HRFC3iA (pc n� (j) H. Employee Indemnification Defense Coverage SECTION U—COVERAGES, SUPPLEMENTARY PAYMENTS—COVERAGESAANDBthe following is added: We will pay, onyour behalf, defense costs incurred byan^omployaa^inacriminal proceeding occurring in the course of employment. The most will pay for any "employee" ohnine| proceeding is $25,000 regardless of the numbers of "employees," claims or "suits" brought or persons cvorganizations making claims orbringing ^ouitn." L Additional Insureds SECTION U—WHO |GAN INSURED ioamended eafollows: Each of the following is also an insured: t Managers and Supervisors with respect to their duties as your managers and supervisors. Managers and supervisors who are your "employees" are also insureds for "bodily injury" to a co -"employee" while in the course of his or her employment by your or performing duties related to the conduct of your business. This provision does not change Item 2.a.(I)(a)aaitapplies tomanagers ofalimited liability 2. Broadened Named Insured — Any organization and subsidiary thereof which you control and actively manage onthe effective date ofthis Coverage Part, However, coverage does not apply to any organization or subsidiary not named in the Declarations as Named Insured, if they are also insured under another similar policy, but for its termination or the exhaustion of its limits of insurance. 3. Funding Source — Any person cvorganization with respect totheir liability arising out of: a. Their financial control of you; or b. Premises they own, maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization, 4. Managers, Landlords, mrLeemonaofPremisem—Anypersnnororgonbadonwhhrespeo to their liability arising out of the ownership, maintenance or use of that part of the premises leased or rented to you subject to the following additional exclusions: This insurance does not apply to: m. Any "occurrence" which takes place after you cease to be a tenant in that premises; or b. Structural alterations, new construction or demolition operations performed by or on behalf of that person or organization. S. Lessor ofLeased Equipment— Automatic Status When Required inLease Agreement With You Any person ororganization from whom you lease equipment when you andsuch person or organization have agreed in writing in a contract or agreement that such person or Page 5ofQ Includes copyrighted material of Insurance Services Office, Inc., with permission, ��2O12Philadelphia Indemnity Insurance Company PI-GLD-MK (03/12) organization is to be added as an additional insured on your policy, Such person or organization is an insured only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. 6. Vendors — Any person(s) or organization(s) (referred to below as vendor), but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: a. The insurance afforded the vendor does not apply to: (1) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (2) Any express warranty unauthorized by you; (3) Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (5) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (8) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (a) The exceptions contained in Sub -paragraphs (4) or (6); or (b) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. b, This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing. Page 6 of 9 Includes copyrighted material of Insurance Services Office, Inc., with permission. U 2012 Philadelphia Indemnity Insurance Company rz vl r la I 1 6ICE HE E [A (0c • of /v j PI-GLD-MK (03/12) 7. As Required by Contract — Any person or organization where required by a written contract executed prior to the occurrence of a loss. Such person or organization is an additional insured for "bodily injury," "property damage" or "personal and advertising injury" but only for liability arising out of the negligence of the named insured. The limits of insurance applicable to these additional insureds are the lesser of the policy limits or those limits specified in a contract or agreement. These limits are included within and not in addition to the limits of insurance shown in the Declarations 8. State or Political Subdivisions — Any state or political subdivision as required, subject to the following provisions: a. This insurance applies only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit, and is required by contract. b. This insurance does not apply to: (1) "Bodily injury," "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or (2) "Bodily injury" or "property damage" included within the "products -completed operations hazard." J. General Aggregate Per Location SECTION III — LIMITS OF INSURANCE, Paragraph 2. Is amended to include the following additional provision: The General Aggregate Limit applies separately to each of your "locations" owned by or rented to you. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. K. Duties in the Event of Occurrence, Claim or Suit SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 2. is amended as follows: Item a. is amended to include: This condition applies only when the "occurrence" or offense is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; or (3) An executive officer or insurance manager, if you are a corporation. Item b. is amended to include: This condition will not be considered breached unless the breach occurs after such claim or "suit" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; or Page 7 of 9 Includes copyrighted material of Insurance Services Office, Inc,, with permission. © 2012 Philadelphia Indemnity Insurance Company PI-GI-D-MK (03/12) (3) An executive officer or insurance manager, if you are a corporation. L. Unintentional Failure To Disclose Hazards SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, 6. Representations is amended to include the following: It is agreed that, based on our reliance on your representations as to existing hazards, if you should unintentionally fail to disclose all such hazards prior to the beginning of the policy period of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure. M. Transfer of Rights of Recovery Against Others To Us SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, 8. Transfer of Rights of Recovery Against Others To Us is deleted in its entirety and replaced by the following: If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. Therefore, the insured can waive the insurer's Rights of Recovery prior to the occurrence of a loss, provided the waiver is made in a written contract, N. Liberalization SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, is amended to include the following: If we revise this endorsement to provide more coverage without additional premium charge, we will automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state. O. Bodily Injury— Mental Anguish SECTION V — DEFINITIONS, Paragraph 3. is deleted in its entirety and replaced by the following: "Bodily injury": a. Means bodily injury, sickness or disease sustained by a person, and includes mental anguish resulting from any of these; and b. Except for mental anguish, includes death resulting from the foregoing (Item a. above) at any time. P. Personal and Advertising Injury — Abuse of Process, Discrimination If COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY COVERAGE is not otherwise excluded from this Coverage Part, the definition of "personal and advertising injury" is amended as follows: 1. SECTION V — DEFINITIONS, Paragraph 14.b. is deleted in its entirety and replaced by the following: b. Malicious prosecution or abuse of process; 2. SECTION V -- DEFINITIONS, Paragraph 14. is amended to include the following: Page 8 of 9 Includes copyrighted material of Insurance Services Office, Inc., with permission. U 2012 Philadelphia Indemnity Insurance Company F{EVIEWED BY; EUNICE HER DIA (PG F ((}) PI-GLD-MK (03/12) Discrimination based on race, color, religion, sex, age or national origin, except when: a. Done intentionally by or at the direction of, or with the knowledge or consent of: (1) Any insured; or (2) Any executive officer, director, stockholder, partner or member of the insured; b. Directly or indirectly related to the employment, former or prospective employment, termination of employment, or application for employment of any person or persons by an insured; c. Directly or indirectly related to the sale, rental, lease or sublease or prospective sales, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any insured; or d. Insurance for such discrimination is prohibited by or held in violation of law, public policy, legislation, court decision or administrative ruling, The above does not apply to fines or penalties imposed because of discrimination. Page 9 of 9 Includes copyrighted material of Insurance Services Office, Inc., with permission. O 2012 Philadelphia Indemnity Insurance Company REV >vrour�ic i lizr l Pa. �. 'q��R� CERTIFICATE OF LIABILITY INSURANCE DATE(MMDOYYYY) Ds/D6/2D1e 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 endomement(s). PRODUCER CONTACT Migliazzo NAME Caremaster Insurance Agency AlC No Ext: (805) 491-9220 AIC No: (866)409-6450 i&���ennis@wremasterins.com ADDRESS: Bennis@Caremastedns.Com 12474 Ridge Drive 12 74 Ridge Drive INSURER(S) AFFORDING COVERAGE NAIC# Santa Rosa Valley CA 93012 INSURER A: Travelers Properly Casualty Company ofAmerice 25674 INSURED INSURER B : Discovery Science Center of Orange County, DBA: Discovery Cube 2500 N. Main St. INSURERC : INSURER D INSURER E : Santa Ana CA 92705 INSURER F: RCYr01um IYYmtsc R: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEDABOVE 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. Illiff LTRVrRIIi INSURANCE OFCIAL I SD VIVID POLICY NUMBER MM/DDT MM/DDNYYY LIMITS COMMERTYPE COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR EACH OCCURRENCE $ PREMISES Es occumence $ MED EXP (Any one person) $ PERSONAL S ADV INJURY S GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ❑ JEa LOC OTHER: GENERALAGGREGATE $ PRODUCTS - CCMP/OPAGG $ AUTOMOBILE LIABILITY ANYAUTO OWNED SCHEDULED AUTOS ONLY I I AUTOS HIRED I I NON BONED AUTOS ONLY AUTOS ONLY COMBINED SINGLE LIMIT Ea axitlent $ BODILY INJURY(Psrperson) $ BODILY INJURY (PefaaidenQ $ PROPERTY DAMAGE Per accident $ A UMBRELLA LIAB EXCESS LIAB OCCUR CtAIMS-MADE N/A UB-2N146060-19-14-G 04/01/2019 04/01/2020 EACH OCCURRENCE $ AGGREGATE $ DED I RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNEWEXECUTIVE OFFICER/MEMBER EXCLUDED? (Mendatoryin NH) Ir yes, describe under DESCRIPTION OF OPERATIONS below _ x STATUTE ERH $ E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE -EA EMPLOYEE $ 1,000-000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Addaienal Remarks Schedule, may be aaachetl K more space Is required) *10 days for nonpayment of premium. REVIEWED & APPROVED By RIS MANAC{EMENT DIVISION JAM*THA M. LAMB ROHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE HE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana Risk Management Division ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza, M-28 P.O.BoX 1988 AUTHORIZED REPRESENTATIVE Santa Ana CA 02702 iI ©1988-201S ACORD CORPORATION en einH�e a�e.,.ed AOUKU 25 (2016103) The ACORD name and logo are registered marks of ACORD DISCOSCI AC RD CERTIFICATE OF LIABILITY INSURANCE lia�THIS DATE(NOU0 9yyy) 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 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 endorsemen s . PRODUCER CONTACT Norah.Jacobo Commercial Lines - 213-253-6700 NAME: PHONE FAX USI Insurance Services LLC - CA Lid#: OD08408 ac Na: E-MAlio s:1: AODREsNoreh.Jacobo@usl.com 777 South Figueora St, Ste 2100 Los Angeles, CA 90017 INSURER(S) AFFORCONG COVERAGE NAICA INsuR RA: Philadelphia Indemnity Insurance Company 18058 INSURED INSURER B: Discovery Science Center of Orange County dba Discovery Cube Orange County INSURER C: 2500 N. Main Street INSURER D: Santa Ana, CA 92705 NSUR E: INSURERER F COVERAGES CERTIFICATE NUMBER: 14428758 REVISION NUMBER' See below 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 LTR TYPE OF INSURANCE ApDVSUER I POLICY NUMBER MM�IDIDY CAIODIYEYY — -- LIMITS A X COMMERCIAL GENERAL LIABILITY CIAIMS-MAOE a OCCUR X '. PHPK2006438 7/1/2019 7/1/2020 EACH OCCURRENCE $ 1,000,000 TOR PREMISES Ea occurrence $ 1,000,000 MEO EXP (Any we person) $ 20,000 PERSONAL S ADV INJURY S 1,000,000 AGGREGATE LIMIT APPLIES PER: POLICY JECT E LOC GENERAL AGGREGATE S 2,000,000 GEN'L X PRODUCTS-COMPIOP AGG $ 2,000,000 I Sedial Abuse/Molestation $ InclUded OTHER: A AUTOMOBILELIABILITY PHPK2006438 7/1/2019 7/1/2020 2"BIINEED SINGLE LIMIT § 1,000,DD0 X BODILY INJURY (Per person) § ANYAUTO OWNED SCHEDULED AUTOS INJURY (Per axltlenU $ HIm050NLV HIRED X NON�WNEDAUTOS AUTOS ONLY AUTO$ ONLY X PBODILYROPS PROPERTY DAMAGE Per accident $ $ A X UMBRELLALIAB X OCCUR PHUS684343 7/1/2019 7/1/2D2O EACHOCCURRENCE s 5,D00,000 EXCESS UAB CLAIMS -MADE AGGREGATE g 5,000,0W DED I I RETENTION$ S WORKER$ COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYICERVM MBER XCLUD IEXECUTNE OFFICERMIEMBERE%CLUDEO? ❑ NIA PER TH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE -EA EMPLOYEE 5 (Mandatory in NH) N yes, tle oribe under DESCRIPTION OF OPERATIONS below E.L. DISFASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) The City of Santa Ana, its officers, employees, agents, volunteers and representatives are named as additional insured as it relates to general liability in accordance with the terms and conditions of the policy. Umbrella follows form as it relates to additional insureds. The above coverage is primary and noncontributory where required by written contract. Separation of insureds applies per policy form. Certificate holder is provided 30 days notice of cancellation in accordance with the terms and Conditions of the general & auto liability policies. REVIEWED &APPROVED City of Santa Ana 12 2019 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Attn: Risk Management THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza, M-28 SAMA HA M. LAMBERT Santa Ana CA 92702 AUTHORIZED REPRESENTATIVE I ne Au umu, name and logo are registered marks of ACORD ©1988.2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) Policy #: PHPK2006438 PI-GLD-MK (03/12) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY GENERAL LIABILITY DELUXE ENDORSEMENT: CULTURAL INSTITUTIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE It is understood and agreed that the following extensions only apply in the event that no other specific coverage for the indicated loss exposure is provided under this policy. If such specific coverage applies, the terms, conditions and limits of that coverage are the sole and exclusive coverage applicable under this policy, unless otherwise noted on this endorsement. The following is a summary of the Limits of Insurance and additional coverages provided by this endorsement. For complete details on specific coverages, consult the policy contract wording. Coverage Applicable Limit of Insurance Page # Extended Property Damage Included 2 Non -Owned Watercraft Less than 58 feet 2 Damage to Premises Rented to You $1,000,000 2 Personal and Advertising Injury— Televised or Videotaped Publication Included 3 Medical Payments $20,000 4 Medical Payments — Extended Reporting Period 3 years 4 Athletic Activities Amended 4 Supplementary Payments — Bail Bonds $5,000 4 Supplementary Payment — Loss of Earnings $1,000 per day 4 Employee Indemnification Defense Coverage $25,000 5 Additional Insured — Managers and Supervisors (with Fellow Employee Coverage) Included 5 Additional Insured — Broadened Named Insured Included 5 Additional Insured — Funding Source Included 5 Additional Insured — Managers, Landlords, or Lessors of Premises Included 5 Additional Insured — Lessor of Leased Equipment Included 5 Additional Insured —Vendor Included 6 Additional Insured —As Required by Contract Included 7 Additional Insured — State or Political Subdivisions Included 7 General Aggregate Per Location Included 7 Duties in the Event of Occurrence, Claim or Suit Included 7 Unintentional Failure to Disclose Hazards Included 8 Transfer of Rights of Recovery Against Others To Us Clarification 8 Liberalization Included 8 Bodily Injury — includes Mental Anguish Included 8 Personal and Advertising Inju — includes Abuse of Process, Discrimination Included 8 41?1WrJPage 1 of 9 Includes copyrighof Insurance Services Office, Inc., with permission. 0 2012 Philadelphia Indemnity Insurance Company PI-GLD-MK (03/12) A. Extended Property Damage SECTION 1— COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph a. is deleted in its entirety and replaced by the following: a. Expected or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. B. Non -Owned Watercraft SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph g. (2) is deleted in its entirety and replaced by the following: (2) A watercraft you do not own that is: (a) Less than 58 feet long; and (b) Not being used to carry persons or property for a charge; This provision applies to any person, who with your consent, either uses or is responsible for the use of a watercraft. This insurance is excess over any other valid and collectible insurance available to the insured whether primary, excess or contingent. C. Damage to Premises Rented to You 1. If damage by fire to premises rented to you is not otherwise excluded from this Coverage Part, the word "fire" is changed to "fire, lightning, explosion, smoke, or leakage from automatic fire protective systems" where it appears in: a. The last paragraph of SECTION 1 —COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, is deleted in its entirety and replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in SECTION III — LIMITS OF INSURANCE. b. SECTION III —LIMITS OF INSURANCE, Paragraph 6. is deleted in its entirety and replaced by the following: Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems while rented to you or temporarily occupied by you with permission of the owner. c. SECTION V — DEFINITIONS, Paragraph 9.a., is deleted in its entirety and replaced by the following. (,U- Page 2 of 9 Includes copyng ited material of Insurance Services Office, Inc., with permission. (tq T Philadelphia Indemnity Insurance Company PI-GLD-MK (03/12) A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract` 2. SECTION IV— COMMERCIAL GENERAL LIABILITY CONDITIONS, Subsection 4. Other Insurance, Paragraph b, Excess Insurance, (1)(a)(ii) is deleted in its entirety and replaced by the following: That is insurance for fire, lightning, explosion, smoke, or leakage from automatic fire protective systems for premises rented to you or temporarily occupied by you with permission of owner; 3. The Damage To Premises Rented To You Limit section of the Declarations is amended to the greater of: a. $1,000,000; or b. The amount shown in the Declarations as the Damage to Premises Rented to You Limit. This is the most we will pay for all damage proximately caused by the same event, whether such damage results from fire, lightning, explosion, smoke, or leaks from automatic fire protective systems or any combination thereof. D. Personal and Advertising Injury —Televised or Videotaped Publication 1. SECTION I —COVERAGES, COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY, Subsection 2. Exclusions, Paragraphs b. and c. are deleted in their entirety and replaced by the following: b. Material Published With Knowledge Of Falsity "Personal and advertising injury" arising out of oral, written, televised, or videotaped publication of material, if done by or at the direction of the insured with knowledge of its falsity. c. Material Published Prior To Policy Period "Personal and advertising injury" arising out of oral, written, televised, or videotaped publication of material whose first publication took place before the beginning of the policy period. 2. SECTION V — DEFINITIONS, Paragraph 14. Is deleted in its entirely and replaced by the following. "Personal and advertising injury" means injury, including consequential "bodily injury", arising out of one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies, committed by or on behalf of its owner, landlord or lessor; Page 3 of 9 I clude opyrighted material of Insurance Services Office, Inc„ with permission. © 2012 Philadelphia Indemnity Insurance Company 1(120 PI-GLD-MK (03/12) d. Oral, written, televised, or videotaped publication, in any manner, of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral, written, televised, or videotaped publication, in any manner, of material that violates a person's right of privacy; f. The use of anther's advertising idea in your "advertisement'; or g. Infringing upon another's copyright, trade dress, slogan, title, or slogan in your "advertisement." E. Medical Payments— Limit Increased to $20,000, Extended Reporting Period If COVERAGE C MEDICAL PAYMENTS is not otherwise excluded from this Coverage Part: 1. The Medical Expense Limit is changed subject to all of the terms of SECTION III — LIMITS OF INSURANCE to the greater of. a. $20,000; or b. The Medical Expense Limit shown in the Declarations of this Coverage Part. 2. SECTION I — COVERAGE, COVERAGE C MEDICAL PAYMENTS, Subsection 1. Insuring Agreement, a. (3) (b) is deleted in its entirety and replaced by the following: (b) The expenses are incurred and reported to us within three years of the date of the accident. F. Athletic Activities SECTION I — COVERAGES, COVERAGE C MEDICAL PAYMENTS, Subsection 2. Exclusions, Paragraph e. Athletic Activities is deleted in its entirely and replaced with the following: e. Athletic Activities To a person injured while taking part in athletics. G. Supplementary Payments SECTION I — COVERAGES, SUPPLEMENTARY PAYMENTS — COVERAGE A AND B are amended as follows. 1. b. is deleted in its entirety and replaced by the following: 1. b. Up to $5000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these. 1.d. is deleted in its entirety and replaced by the following: 1. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $1,000 a day because of time off from work. Page 4 of 9 I ludes copyrighted material of Insurance Services Office, Inc., with permission. 0 2012 Philadelphia Indemnity Insurance Company PI-GLD-MK (03/12) H. Employee Indemnification Defense Coverage SECTION I — COVERAGES, SUPPLEMENTARY PAYMENTS — COVERAGES A AND B the following is added: We will pay, on your behalf, defense costs incurred by an "employee" in a criminal proceeding occurring in the course of employment. The most we will pay for any "employee" who is alleged to be directly involved in a criminal proceeding is $25,000 regardless of the numbers of "employees," claims or "suits" brought or persons or organizations making claims or bringing "suits." I. Additional Insureds SECTION II — WHO IS AN INSURED is amended as follows: Each of the following is also an insured: 1. Managers and Supervisors — Your managers and supervisors are also insureds, but only with respect to their duties as your managers and supervisors. Managers and supervisors who are your "employees" are also insureds for "bodily injury" to a co -"employee" while in the course of his or her employment by your or performing duties related to the conduct of your business. This provision does not change Item 2.a.(1)(a) as it applies to managers of a limited liability company. 2. Broadened Named Insured — Any organization and subsidiary thereof which you control and actively manage on the effective date of this Coverage Part. However, coverage does not apply to any organization or subsidiary not named in the Declarations as Named Insured, if they are also insured under another similar policy, but for its termination or the exhaustion of its limits of insurance. 3. Funding Source —Any person or organization with respect to their liability arising out of: a. Their financial control of you, or b. Premises they own, maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. 4. Managers, Landlords, or Lessors of Premises — Any person or organization with respect to their liability arising out of the ownership, maintenance or use of that part of the premises leased or rented to you subject to the following additional exclusions: This insurance does not apply to: a. Any "occurrence" which takes place after you cease to be a tenant in that premises; or b. Structural alterations, new construction or demolition operations performed by or on behalf of that person or organization. S. Lessor of Leased Equipment —Automatic Status When Required in Lease Agreement With You — Any person or organization from whom you lease equipment when you and such person or organization have agreed in writing in a contract or agreement that such person or Page 5 of 9 In des copyrighted material of Insurance Services Office, Inc., with permission. 0 2012 Philadelphia Indemnity Insurance Company PI-GLD-MK (03/12) organization is to be added as an additional insured on your policy. Such person or organization is an insured only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. 6. Vendors — Any person(s) or organization(s) (referred to below as vendor), but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: a. The insurance afforded the vendor does not apply to (1) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (2) Any express warranty unauthorized by you; (3) Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (5) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (8) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (a) The exceptions contained in Sub -paragraphs (4) or (6); or (b) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. b. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing. Page 6 of 9 Includ copyrighted material of Insurance Services Office, Inc., with permission. © 2012 Philadelphia Indemnity Insurance Company PI-GLD-MK (03/12) As Required by Contract —Any person or organization where required by a written contract executed prior to the occurrence of a loss. Such person or organization is an additional insured for "bodily injury,"'property damage" or "personal and advertising injury" but only for liability arising out of the negligence of the named insured. The limits of insurance applicable to these additional insureds are the lesser of the policy limits or those limits specified in a contract or agreement. These limits are included within and not in addition to the limits of insurance shown in the Declarations S. State or Political Subdivisions —Any state or political subdivision as required, subject to the following provisions: a. This insurance applies only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit, and is required by contract. b. This insurance does not apply to: (1) 'Bodily injury," "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or (2) 'Bodily injury" or "property damage" included within the "products -completed operations hazard." J. General Aggregate Per Location SECTION III — LIMITS OF INSURANCE, Paragraph 2. Is amended to include the following additional provision: The General Aggregate Limit applies separately to each of your "locations" owned by or rented to you. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. K. Duties in the Event of Occurrence, Claim or Suit SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 2, is amended as follows: Item a. is amended to include: This condition applies only when the "Occurrence" or offense is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership, or (3) An executive officer or insurance manager, if you are a corporation. Item b. is amended to include: This condition will not be considered breached unless the breach occurs after such claim or "suit' is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; or Page 7 of 9 Includes copyrighted material of Insurance Services Office, Inc., with permission. q© 2012 Philadelphia Indemnity Insurance Company S1 11 PI-GLD-MK (03/12) (3) An executive officer or insurance manager, if you are a corporation. L. Unintentional Failure To Disclose Hazards SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, 6. Representations is amended to include the following: It is agreed that, based on our reliance on your representations as to existing hazards, if you should unintentionally fail to disclose all such hazards prior to the beginning of the policy period of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure. M. Transfer of Rights of Recovery Against Others To Us SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, 8. Transfer of Rights of Recovery Against Others To Us is deleted in its entirety and replaced by the following: If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit' or transfer those rights to us and help us enforce them. Therefore, the insured can waive the insurer's Rights of Recovery prior to the occurrence of a loss, provided the waiver is made in a written contract. N. Liberalization SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, is amended to include the following: If we revise this endorsement to provide more coverage without additional premium charge, we will automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state. O. Bodily Injury — Mental Anguish SECTION V — DEFINITIONS, Paragraph 3. is deleted in its entirety and replaced by the following: "Bodily injury": a. Means bodily injury, sickness or disease sustained by a person, and includes mental anguish resulting from any of these, and b. Except for mental anguish, includes death resulting from the foregoing (Item a. above) at any time. P. Personal and Advertising Injury —Abuse of Process, Discrimination If COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY COVERAGE is not otherwise excluded from this Coverage Part, the definition of "personal and advertising injury" is amended as follows: 1. SECTION V — DEFINITIONS, Paragraph 14.b. is deleted in its entirety and replaced by the following: b. Malicious prosecution or abuse of process; 2. SECTION V— DEFINITIONS, Paragraph 14. is amended to include the following: Page 8 of 9 Include copyrighted material of Insurance Services Office, Inc., with permission. © 2012 Philadelphia Indemnity Insurance Company 0.(l (q PI-GLD-MK (03/12) Discrimination based on race, color, religion, sex, age or national origin, except when: a. Done intentionally by or at the direction of, or with the knowledge or consent of: (1) Any insured; or (2) Any executive officer, director, stockholder, partner or member of the insured; b. Directly or indirectly related to the employment, former or prospective employment, termination of employment, or application for employment of any person or persons by an insured; c. Directly or indirectly related to the sale, rental, lease or sublease or prospective sales, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any insured; or d. Insurance for such discrimination is prohibited by or held in violation of law, public policy, legislation, court decision or administrative ruling. The above does not apply to fines or penalties imposed because of discrimination. qPage 9 of 9 copyrighted material of Insurance Services Office, Inc., with permission. O 2012 Philadelphia Indemnity Insurance Company � IWIH Policy # PHPK2006438 PI-CANXAICH-002 (05/11) THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY CANCELLATION NOTICE TO SCHEDULED ADDITIONAL INSURED OR CERTIFICATE HOLDER This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART COMMERCIAL CRIME COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART SCHEDULE OF ADDITIONAL INSUREDS OR CERTIFICATE HOLDERS Al or CH Additional Insured or Certificate Holder Address Blanket where required by written contract. The following is added to A. CANCELLATION of the Common Policy Conditions of the above applicable coverage part: A. In the event we cancel the policy in accordance with the policy's terms and conditions, we will endeavor to mail written notice of cancellation to Additional Insureds or Certificate Holders, shown in the above SCHEDULE within the time frame listed below. However, failure to mail such notice shall impose no obligation of any kind upon us, our agents or representatives. 1. 3o days before the effective date of cancellation if we cancel for any reason other than for non - payment of premium. As respects Additional Insureds, the above cancellation provision applies only when the Additional Insured shown in the above SCHEDULE is added to the policy by a separate additional insured endorsement as the CANCELLATION NOTICE TO ADDITIONAL INSURED OR CERTIFICATE HOLDER does not provide additional insured coverage. Page 1 of 1 Policy # PHPK2006438 PI-GL-005 (07/12) THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY ADDITIONAL INSURED PRIMARY AND NON-CONTRIBUTORY INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Effective Date: 07/01/2016 Name of Person or Organization (Additional Insured): Blanket where required by written contract. SECTION II — WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the endorsement Schedule, but only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" arising out of or relating to your negligence in the performance of "your work" for such person(s) or organization(s) that occurs on or after the effective date shown in the endorsement Schedule. This insurance is primary to and non-contributory with any other insurance maintained by the person or organization (Additional Insured), except for loss resulting from the sole negligence of that person or organization. This condition applies even if other valid and collectible insurance is available to the Additional Insured for a loss or "occurrence" we cover for this Additional Insured. The Additional Insured's limits of insurance do not increase our limits of insurance, as described in SECTION III — LIMITS OF INSURANCE. All other terms, conditions, and exclusions under the policy are applicable to this endorsement and remain unchanged. Page 1 of 1 Includes opyrighted material of Insurance Services Office, Inc_, with its permission. ��(4(q b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon 3. your representations. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V — DEFINITIONS 1. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and b. Regarding web sites, only that part of a web site that is about your goods, products or services for the purposes of attracting customers or supporters is considered an advertisement. 2. "Auto" means: a. A land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment; or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. M Policy # PHPK2006438 However, "auto" does not include "mobile equipment". "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time. "Coverage territory" means: a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a. above; or c. All other parts of the world if the injury or damage arises out of: (1) Goods or products made or sold by you in the territory described in Paragraph a. above; (2) The activities of a person whose home is in the territory described in Paragraph a. above, but is away for a short time on your business; or (3) "Personal and advertising injury" offenses that take place through the Internet or similar electronic means of communication; provided the insured's responsibility to pay damages is determined in a "suit" on the merits, in the territory described in Paragraph a. above or in a settlement we agree to. 5. "Employee" includes a "leased worker". "Employee" does not include a "temporary worker'. 6. "Executive officer' means a person holding any of the officer positions created by your charter, constitution, bylaws or any other similar governing document. 7. "Hostile fire" means one which becomes uncontrollable or breaks out from where it was intended to be. 8. "Impaired property" means tangible property, other than "your product" or "your work", that cannot be used or is less useful because: a. It incorporates "your product" or "your work" that is known or thought to be defective, deficient, inadequate or dangerous; or b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by the repair, replacement, adjustment or removal of ,.your product" or "your work" or your fulfilling the terms of the contract or agreement. CG 00 01 0413 © Insurance Services Office, Inc., 2012 M M Page 13 of 16 ACORV CERTIFICATE OF LIABILITY INSURANCE °"`�'NI"°°"" 1111� 1 7127/2020 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 REPRES ENTATIVE OR PRODUCER, WND THE CERTIFICATET =R--- IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WANED, 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 D NVeACT NAM Gasper Insurance Services. Inc. PHONE �_ 818-302-3060 uc. Not. 23161 Ventura Blvd, Suite 100 EMAIL Woodland Hills CA 91364 INSURERSAFFORDINGCOVERAGE NAIC4 _ INSURER A. Philadelphia Indemnity Insuran 18058 Ucensel 0GS6162fi INSURED DISCCUM1 INSURER B : Travelers Property Casualty CD 25674 Discovery Science Center Of Orange County dba Discovery Cube Orange County INSURER c INSURER D: 2500 N Main Street Santa Ana CA 92705 _ INSURER E. INSURER F: COVERAGES CERTIFICATE NUMBER: 1129310683 REVISION NUMBER: THIS 15 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. INTRP. rypE OP INSORANCE ADDL SUER, POLICY NUMBER MW CYEFF POLICYUPI LIMITS A ' X I COMMEROIALGENERALUABILOY Y Y PHPK2153665 71112020 7J112021 EACH OCCURRENCE 51,000,000 PREMISES IEa acaPenmf S 100,000 CIAIMS-MAOE I X OCCUR MED UP lary ana Person) $5.000 PERSONAL 8 ADV INJURY 9 1.000.000 GEN'L AGGREGATE LIMIT APPLIES PER POLICY Il TER LOCPRODUCTS-COMPIOP GENERAL AGGREGATE 52A00.000 AGG 52,000,000 OTHER. �. Semal AIA a M to Sincluded A AUTOMOBILE LWBIUTV v f PHPK2153665 b112020 7M,2021 e Ea nd M I D1 SINGLE LIMI 51,000,000 BODILY INJURY IPPr wrm nl `BODILY _ 5 X ANY AUTO —DOWNED �. SCHEDULED .J AUTOS ONLY AUTOS . X I HIRED NON-0WNEO AUTOS ONLY F_...; AUTOS ONLY INJURY(Per acatlen0 S PROPERTY pAMAGE Pare S 5 X UMBRELLAUAB X OCCUR 1 Y Y PHUS729849 711,2020 TV2021 I EACH OCCURRENCE S5.000.000 EXCESS LIAB CUIMSd10.DE _—� iAGGREGATE s5,000.000 2=J X RETENTiONS In UB-BP50799A 4:V2020 4012021 .NIA IX PER TUTE ER 5 ._ e WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYPROPRIETORIPARTNER,EXECUTIVE OFFICERRAEMBEREXCLUDED� iMantletory In NH) E.L. EACH ACCIDENT 151.000.00p E L DISEASE. E4 EMPLOYEEI 51.000,00D 'Oyyes, IXTIOeur,tler i OESCRIPTIOry OP OPERATIONS below EL DISEASE - POLICY LIMIT 151.000.000 DESCRIPTIONOFOPERATIONSILOCATIONS I VEHICLES IACORD151.A4diHonel Rdmarka SLhadu4,mr beaeachaditmanepaa4r"ulmdl This policy Includes a Blanket Additional Insured Endorsement — the certificate holder is an additional insured If required by written contract. Please refer to the attached endorsement. Certificate holder is named as additional insured as it relates to general liability in accordance with the terms and conditions of the policy. Umbrella follows form as it relates to additional Insureds. Certificate holder is provided 10 days notice of cancellation for non-payment of premium in accordance WADI the terms and conditions of the general liability policy. City of Santa Ana, officers. agents, employees, and volunteers are named as additionally insured on this policy pursuant to written contract, agreement. or memorandum of understanding. Such insurance as is afforded by this policy shall be primary, and any insurance tamed by City shall be excess and noncontributory per attached forms. CERTIFICATE HOLDER CANCFI I ATInN REVIEWED &APPRO OULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE E City of Santa Ana By Risk MANACiLill DIVI E EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN I(A6CORDANCE WITH THE POLICY PROVISIONS. Risk Management Division 20 Civic Center Plaza. M-28 UTHORaED REPRESENTATIVE PO Box1988 �UL 2 9 2d20 Santa Ana CA 92701 c�a 7 F RANY W N. VILLAIttAL ®1988.2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD PI-GLD-MK (03112) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY DELUXE ENDORSEMENT: CULTURAL INSTITUTIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE It is understood and agreed that the following extensions only apply in the event that no other specific coverage for the indicated loss exposure is provided under this policy. If such specific coverage applies. the terms, conditions and limits of that coverage are the sole and exclusive coverage applicable under this policy, unless otherwise noted on this endorsement The following is a summary of the Limits of Insurance and additional coverages provided by this endorsement. For complete details on specific coverages, consult the policy contract wording Coverage Applicable Limit of Insurance Page # Extended Property Damage Included 2 Non -Owned Watercraft Less than 58 feet 2 Damage to Premises Rented to You $1,000,000 2 Personal and Advertising Injury - Televised or Videotaped Publication Included 3 Medical Payments $20.000 4 Medical Payments - Extended Reporting Period 3 years 4 Athletic Activities Amended 4 Supplementary Payments - Bail Bonds $5,000 4 Supplementary Payment - Loss of Earnings $1.000 per day 4 Employee Indemnification Defense Coverage $25.000 5 Additional Insured- Managers and Supervisors (with Fellow Employee Coverage) Included 5 Additional Insured - Broadened Named Insured Included 5 Additional Insured - Funding Source Included 5 Additional Insured - Managers. Landlords. or Lessors of Premises Included 5 Additional Insured - Lessor of Leased Equipment Included 5 Additional Insured - Vendor Included 8 Additional Insured -As Required by Contract Included 7 Additional Insured - State or Political Subdivisions Included 7 General Aggregate Per Location Included 7 Duties in the Event of Occurrence. Claim or Suit Included 7 Unintentional Failure to Disclose Hazards Included 8 Transfer of Rights of Recovery Against Others To Us Clarification 8 Liberalization Included 8 Bodily Injury - includes Mental Anguish Included 8 Personal and Advertising Injury - includes Abuse of Process, Discrimination Included 8 REVIEWED & APPROVED Page 1 of 9 By Risk MWIC.FMf+IJt Division Includes copyrighted material of Insurance Services Office, Inc., with permission r 9 2 ' © 2012 Philadelphia Indemnity Insurance Company H AN 2, VILLAREAL PI-GLD-MK (03112) A. Extended Property Damage SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph a. is deleted in its entirety and replaced by the following: a. Expected or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property B. Non -Owned Watercraft SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph g. (2) is deleted in its entirety and replaced by the following. (2) A watercraft you do not own that is. (a) Less than 58 feet long; and (b) Not being used to carry persons or property for a charge; This provision applies to any person, who with your consent, either uses or is responsible for the use of a watercraft. This insurance is excess over any other valid and collectible insurance available to the insured whether primary, excess or contingent. C. Damage to Premises Rented to You 1. If damage by fire to premises rented to you is not otherwise excluded from this Coverage Part, the word "fire" is changed to "fire. lightning, explosion, smoke, or leakage from automatic fire protective systems" where it appears in. a. The last paragraph of SECTION I —COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, is deleted in its entirety and replaced by the following: Exclusions C. through in, do not apply to damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in SECTION III — LIMITS OF INSURANCE. b. SECTION III — LIMITS OF INSURANCE, Paragraph 6. is deleted in its entirety and replaced by the following Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems while rented to you or temporarily occupied by you with permission of the owner. c. SECTION V — DEFINITIONS, Paragraph 9 a., is deleted in its entirety and replaced by the following. REVIEWED & APPROVED By Risk MANraCGEMMIT DivisioN Page 2 of 9 Includes copyrighted material of Insurance Services Office, Inc., with permission. I, rZ a20 © 2012 Philadelphia Indemnity Insurance Company J hl<ANt INE 14 VILLAREAL PI-GLD-MK (03112) A contract for a lease of premises Howeverthat portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract" 2. SECTION IV- COMMERCIAL GENERAL LIABILITY CONDITIONS, Subsection 4. Other Insurance. Paragraph b. Excess Insurance, (1)(a)(ii) is deleted in its entirety and replaced by the following: That is insurance for fire, lightning, explosion, smoke, or leakage from automatic fire protective systems for premises rented to you or temporarily occupied by you with permission of owner, 3. The Damage To Premises Rented To You Limit section of the Declarations is amended to the greater of: a. $1,000,000: or b. The amount shown in the Declarations as the Damage to Premises Rented to You Limit. This is the most we will pay for all damage proximately caused by the same event, whether such damage results from fire, lightning, explosion, smoke, or leaks from automatic fire protective systems or any combination thereof. D. Personal and Advertising Injury -Televised or Videotaped Publication 1. SECTION I -COVERAGES, COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY, Subsection 2. Exclusions, Paragraphs b. and c. are deleted in their entirety and replaced by the following: b. Material Published With Knowledge Of Falsity "Personal and advertising injury" arising out of oral, written, televised, or videotaped publication of material, if done by or at the direction of the insured with knowledge of its falsity. c. Material Published Prior To Policy Period 'Personal and advertising injury' arising out of oral, written, televised, or videotaped publication of material whose first publication took place before the beginning of the policy period. 2. SECTION V - DEFINITIONS, Paragraph 14. Is deleted in its entirely and replaced by the following 'Personal and advertising injury' means injury, including consequential "bodily injury", ansing out of one or more of the following offenses. a. False arrest, detention or imprisonment, b. Malicious prosecution, c. The wrongful eviction from, wrongful entry into. or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies, committed by or on behalf of its owner, landlord or lessor: REVIEWED & APPROVED Page 3 of 9 By Risk MANACFMMT Dlblsl6n Includes copyrighted material of Insurance Services Office, Inc.. with permission. © 2012 Philadelphia Indemnity Insurance Company 2 9 2020 tR NCI E RMLYXREAL PI-GLD-MK (03112) d. Oral, written, televised, or videotaped publication, in any manner, of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services, e. Oral, written, televised, or videotaped publication, in any manner, of material that violates a person's right of privacy, f. The use of another's advertising idea in your "advertisement. or g. Infringing upon another's copyright, trade dress, slogan, title, or slogan in your "advertisement." E. Medical Payments - Limit Increased to $20,000, Extended Reporting Period If COVERAGE C MEDICAL PAYMENTS is not otherwise excluded from this Coverage Part: 1. The Medical Expense Limit is changed subject to all of the terms of SECTION III - LIMITS OF INSURANCE to the greater of a. $20.000; or b. The Medical Expense Limit shown in the Declarations of this Coverage Part. 2. SECTION I - COVERAGE, COVERAGE C MEDICAL PAYMENTS, Subsection 1. Insuring Agreement. a (3) (b) is deleted in its entirety and replaced by the following: (b) The expenses are incurred and reported to us within three years of the date of the accident. F. Athletic Activities SECTION I - COVERAGES, COVERAGE C MEDICAL PAYMENTS, Subsection 2. Exclusions, Paragraph e. Athletic Activities is deleted in its entirely and replaced with the following: e. Athletic Activities To a person injured while taking part in athletics. G. Supplementary Payments SECTION I - COVERAGES, SUPPLEMENTARY PAYMENTS - COVERAGE A AND B are amended as follows. 1. b. is deleted in its entirety and replaced by the following. 1. b. Up to $5000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies- We do not have to furnish these. 1.d. is deleted in its entirety and replaced by the following 1. d. Ali reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $1,000 a day because of time off from work. REVIEWED & APP►ZOVEP Page 4 of 9 By Rjsk I`jANACIEMINf ()jVnISiO Includes copyrighted material of Insurance Services Office. Inc., with permission. © 2012 Philadelphia Indemnity Insurance Company 9 i 20 0 ll-HANC'INE It. VIL REAL PI-GLD-MK (03/12) H. Employee Indemnification Defense Coverage SECTION 1 - COVERAGES, SUPPLEMENTARY PAYMENTS - COVERAGES A AND B the following is added: We will pay, on your behalf, defense costs incurred by an 'employee" in a criminal proceeding occurring in the course of employment. The most we will pay for any 'employee" who is alleged to be directly involved in a criminal proceeding is $25,000 regardless of the numbers of "employees," claims or "suits" brought or persons or organizations making claims or bringing "suits." I. Additional Insureds SECTION 11 - WHO IS AN INSURED is amended as follows Each of the following is also an insured 1. Managers and Supervisors - Your managers and supervisors are also insureds, but only with respect to their duties as your managers and supervisors. Managers and supervisors who are your "employees' are also insureds for "bodily injury' to a co -"employee" while in the course of his or her employment by your or performing duties related to the conduct of your business. This provision does not change Item 2 a.(1)(a) as it applies to managers of a limited liability company. 2. Broadened Named Insured - Any organization and subsidiary thereof which you control and actively manage on the effective date of this Coverage Part. However, coverage does not apply to any organization or subsidiary not named in the Declarations as Named Insured, if they are also insured under another similar policy, but for its termination or the exhaustion of its limits of insurance. 3. Funding Source - Any person or organization with respect to their liability arising out of: a. Their financial control of you. or b. Premises they own, maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. 4. Managers, Landlords, or Lessors of Premises - Any person or organization with respect to their liability arising out of the ownership, maintenance or use of that part of the premises leased or rented to you subject to the following additional exclusions: This insurance does not apply to: a. Any "occurrence" which takes place after you cease to be a tenant in that premises: or b. Structural alterations, new construction or demolition operations performed by or on behalf of that person or organization. 5. Lessor of Leased Equipment- Automatic Status When Required in Lease Agreement With You - Any person or organization from whom you lease equipment whenou and such person or organization have agreed in writing in a contract or agreement that skEVkfi f0 & APPROVED Page 5 of g By Risk MANAQi:me t Division Includes copyrighted material of Insurance Services Office, Inc., with permission. ® 2012 Philadelphia Indemnity Insurance Company UL 2 9 2020 I -I ANC;I E Il. VIL REAL PI-GLD-MK (03/12) organization is to be added as an additional insured on your policy Such person or organization is an insured only with respect to liability for "bodily injury," "property damage' or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. 6. Vendors — Any person(s) or organization(s) (referred to below as vendor), but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: a. The insurance afforded the vendor does not apply to: (1) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement. (2) Any express warranty unauthorized by you: (3) Any physical or chemical change in the product made intentionally by the vendor, 14) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container, (5) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products: (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendors premises in connection with the sale of the product; (7) Products which, after distribution or safe by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor, or (8) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf However, this exclusion does not apply to (a) The exceptions contained in Sub -paragraphs (4) or (6). or (b) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, In connection with the distribution or sale of the products b. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing. REVIEWED & APPROVEL) By Risk MANAGFMMT DiViSiON Page 5 of 9 Includes copyrighted material of Insurance Services Office, Inc., with permission 1 g qo © 2012 Philadelphia Indemnity Insurance Company ak�FJ L I -NA l Nt R. VILLAREAL PI-GLD-MK (03/12) 7. As Required by Contract - Any person or organization where required by a written contract executed prior to the occurrence of a loss. Such person or organization is an additional insured for "bodily injury." "property damage" or "personal and advertising injury' but only for liability arising out of the negligence of the named insured The limits of insurance applicable to these additional insureds are the lesser of the policy limits or those limits specified in a contract or agreement These limits are included within and not in addition to the limits of insurance shown in the Declarations 8. State or Political Subdivisions - Any state or political subdivision as required, subject to the following provisions: a. This insurance applies only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit, and is required by contract. b. This insurance does not apply to. (1) 'Bodily injury," "property damage' or "personal and advertising injury' arising out of operations performed for the state or municipality: or (2) 'Bodily injury" or "property damage" included within the "products -completed operations hazard " J. General Aggregate Per Location SECTION III - LIMITS OF INSURANCE, Paragraph 2. Is amended to include the following additional provision The General Aggregate Limit applies separately to each of your "locations' owned by or rented to you "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. K. Duties in the Event of Occurrence, Claim or Suit SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 2. is amended as follows: Item a. is amended to include: This condition applies only when the "occurrence" or offense is known to: (1) You, if you are an individual, (2) A partner, if you are a partnership, or (3) An executive officer or insurance manager, if you are a corporation. Item b. is amended to include: This condition will not be considered breached unless the breach occurs after such claim or "suit" is known to (1) You, if you are an individual (2) A partner, if you are a partnership, or REVIEWED & APPROVED By Risk MANAGtmew DivisiON Page 7 of 9 Includes copyrighted material of Insurance Services Office, Inc.. with permission. L 2 9 020 ® 2012 Philadelphia Indemnity Insurance Company I-RANL 1NE R. VILLAREAL PI-GLD-MK (03/12) (3) An executive officer or insurance manager, if you are a corporation. L. Unintentional Failure To Disclose Hazards SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 6. Representations is amended to include the following It is agreed that, based on our reliance on your representations as to existing hazards, if you should unintentionally fail to disclose all such hazards prior to the beginning of the policy period of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure. M. Transfer of Rights of Recovery Against Others To Us SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 8. Transfer of Rights of Recovery Against Others To Us is deleted in its entirety and replaced by the following If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring "suit" or transfer those rights to us and help us enforce them. Therefore, the insured can waive the insurer's Rights of Recovery prior to the occurrence of a loss, provided the waiver is made in a written contract. N. Liberalization SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, is amended to include the following. If we revise this endorsement to provide more coverage without additional premium charge, we will automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state. O. Bodily Injury - Mental Anguish SECTION V - DEFINITIONS, Paragraph 3. is deleted in its entirety and replaced by the following! Bodily injury" a. Means bodily injury, sickness or disease sustained by a person, and includes mental anguish resulting from any of these, and b. Except for mental anguish, includes death resulting from the foregoing (Item a. above) at any time. P. Personal and Advertising Injury - Abuse of Process, Discrimination If COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY COVERAGE is not otherwise excluded from this Coverage Part, the definition of "personal and advertising injury" is amended as follows: 1. SECTION V - DEFINITIONS, Paragraph 14.b. is deleted in its entirety and replaced by the following- b. Malicious prosecution or abuse of process, 2. SECTION V- DEFINITIONS, Paragraph 14. is amended to include the followKVIEWED & APPROVED Page 8 of g By Risk Mmmumtwt DivisiON Includes copyrighted material of Insurance Services Office, Inc., with permission. © 2012 Philadelphia Indemnity Insurance Company 9 �2020 I-HAIV INt It. VILLAREAL PI-GLD-MK (03/12) Discrimination based on race, color, religion, sex, age or national origin, except when. a. Done intentionally by or at the direction of, or with the knowledge or consent of: (1) Any insured. or (2) Any executive officer. director, stockholder, partner or member of the insured, b. Directly or indirectly related to the employment, former or prospective employment, termination of employment, or application for employment of any person or persons by an insured, c. Directly or indirectly related to the sale, rental, lease or sublease or prospective sales, rental. lease or sub -lease of any room, dwelling or premises by or at the direction of any insured; or d. Insurance for such discrimination is prohibited by or held in violation of law, public policy, legislation, court decision or administrative ruling The above does not apply to fines or penalties imposed because of discrimination. REVIEWED & APPROVED/ By Risk MAnAgmNi Division Page 9 of 9 Includes copyrighted material of Insurance Services Office, Inc., with permission L 29 2D1D ® 2012 Philadelphia Indemnity Insurance Company PA Fi( NK IIVt R, VILLAREAL PI-GL-005 (07112) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARY AND NON-CONTRIBUTORY INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Effective Date: 07/01/2018 Name of Person or Organization (Additional Insured): Blanket where required by written contract. SECTION II — WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the endorsement Schedule, but only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" arising out of or relating to your negligence in the performance of "your work" for such person(s) or organization(s) that occurs on or after the effective date shown in the endorsement Schedule. This insurance is primary to and non-contributory with any other insurance maintained by the person or organization (Additional Insured), except for loss resulting from the sole negligence of that person or organization This condition applies even if other valid and collectible insurance is available to the Additional Insured for a loss or "occurrence" we cover for this Additional Insured The Additional Insured's limits of insurance do not increase our limits of insurance, as described in SECTION III — LIMITS OF INSURANCE. Ali other terms, conditions, and exctusions under the policy are applicable to this endorsement and remain unchanged. REVIEWED & APPROVED By Risk MANAGEM1IB01T 0111iSiON Page 1 of 1 IIIf g Includes copyrighted material of Insurance Services Office, Inc., with its pe I s O 2 2020 rKAINLINE R. VILLAREAL Philadelphia Indemnity Insurance Company Additional Insured Schedule Policy Number: PHPK2006438 Additional Insured Huntington Beach City School District 17011 Beach Blvd Ste 560 Huntington Beach, CA 92647-7492 CG2026 - General Liability RE: Contract for teaching demonstrations Additional Insured City of Santa Ana Risk Management Division 20 Civic Center Plaza, M-28 PO Box 1988 Santa Ana, CA 92701-4058 CG2026 - General Liability REVIEWED & APPROVEL By Risk VlAN-irweo t DivisioN Page 6 of 6 JUL 29 020 tRAINUNt H. VILLAREAL PI-CANXAICH-002 (05111) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANCELLATION NOTICE TO SCHEDULED ADDITIONAL INSURED OR CERTIFICATE HOLDER This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART COMMERCIAL CRIME COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART SCHEDULE OF ADDITIONAL INSUREDS OR CERTIFICATE HOLDERS Al or CH Additlonal Insured or Certificate Holder Address AI City of Santa Ana Risk Management Div 20 Civic Center Plaza, M-26 Santa Ana CA 92' The following is added to A. CANCELLATION of the Common Policy Conditions of the above applicable coverage part: A. In the event we cancel the policy in accordance with the policy's terms and conditions, we will endeavor to mail written notice of cancellation to Additional Insureds or Certificate Holders, shown in the above SCHEDULE within the time frame listed below. However, failure to mail such notice shall impose no obligation of any kind upon us, our agents or representatives. 1 30 days before the effective date of cancellation if we cancel for any reason other than for non - payment of premium. As respects Additional Insureds, the above cancellation provision applies only when the Additional Insured shown in the above SCHEDULE is added to the policy by a separate additional insured endorsement as the CANCELLATION NOTICE TO ADDITIONAL INSURED OR CERTIFICATE HOLDER does not provide additional insured coverage REVIEWED & APPROVE. ByRisk MANAGEMTW n;Viikp . Page 9 of 9 JUL 29 2020 t-HANC INE It. VILI AREAL POLICY NUMBER: PHPK2006438 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): City of Santa Ana Risk Management Division I Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the persons) 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 © Insurance Services Office, Inc., 2012 REVIEWED & APPROVEL By Risk MANAGEMPNI DiViSION J 9 2020 FI(ANCIrflab6 V16t"EAL