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HomeMy WebLinkAboutSPECTRUM EDUCATIONAL SERVICES - 2018'y1 City of Santa Ana Q ,1 I os �'� J J" t Clerk of the Council AGREEMENT TERMINATION FORM Please complete this form in its entirety when the attached agreement and all amendments (if any) are no longer in effect. City of Santa Ana Note. If your agreement is grant related, please ensure that all grant retention requirements have been satisfied prior to signing the termination form. AUn o 02 2021 Is the agreement(s) a permanent record? Yes_ ,4o ✓ Clerk of the Council Return form to the Clerk of the Council Office (M-30). Call 647-1520 if you have any questions. i The agreement with 1� U o S w'A u Yn (( i1 t1 n �1L% 1 JQ 5f 4 V 1 CCU N-2018-058 No. was completed on �4 /9/racl?) and final payment has been made. (List all amendments. Use space below if needed.) Department: ?RrsA Phone/Ext.: li'dkal Signature: 44 t nn9fi+ Date: _\ 0. Revised: 1618-16 INSURANCE K! ON FILE ' WORK MAY NOT PROCEED CLERK OF COUrIL41a 0: PRCS ( / )DATE. Sii i C AA ,ic ARZied v a uevas AGREEMENT WITH FULL SPECTRUM EDUCATIONAL SERVICES TO PROVIDE ENTERTAINMENT SERVICES N-2018-068 THIS AGREEMENT is made and entered into this 18th day of April, 2018 by and between Full Spectrum Ldpcational Services, ("Consultant"), 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 City desires to retain a consultant having special skill and knowledge in the field of providing entertainment activities and services for the Children's Day/D.ia de los Ninos Book Day at the main branch of the Santa Ana Public Library on April 21, 2018. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. 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. SCOPE OF SERVICES a. Consultant shall provide during the term of this Agreement, the tasks and obligations for trackless train, including providing any related labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services at the Main Library located at 26 Civic Center Plaza, Santa Ana CA 92701 as described and set forth in Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for the rates and charges identified in Exhibit B. The total sum to be expended under this Agreement shall not exceed $701. b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which ,fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. Page 1 of 8 3. TERM This Agreement shall commence on the date first written above and continue until April 22, 2018, unless terminated earlier in accordance with Section 16, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor 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 Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and 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 Consultant'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: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, 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. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, 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, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Page 2 of 8 Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: i. Consultant 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 Agreement and shall be approved 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. Where the amounts or coverage provided by the certificates of insurance provides coverage greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference into the Agreement. V. Consultant shall supply City with a fully executed additional insured endorsement. f. If Consultant 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 forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant 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 Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, 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 negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, 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, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense 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. Notwithstanding the foregoing, Page 3 of 8 to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 7. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 8. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 9. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant 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 reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, 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 the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 10. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. Page 4 of 8 11. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 12. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 13. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. 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. 14. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. Page 5 of 8 15. WAIVER No waiver of 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 or 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. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 17. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, 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. Consultant 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. 18. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 19. 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 provided in this Section, to the following persons: To City: Cleric of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) Page 6 of 8 N-2018-058 P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Executive Director, Parks, Recreation and Community Services Agency City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, California 92702 Fax:(714) 571-4221 To Consultant: Full Spectrum Educational Services Attn: Sandra Sue Gee P.O. Box 596 Dana Point, CA 92629 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax:714-647-6515 A party may change its address by giving notice in writing to the other party. Thereafter, any communication 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Irzvl , Maria D. Huizar Clerk of the Council CITY OF SANTA ANA Raul Godinez 11 City Manager [signatures continued on following page] Page 7 of 8 APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: d.Ca wlo K .yllya fly LAURA A. ROSSINI Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: ^'P GERA O MOUET r3" Executive Director Parks, Recreation and Community Services Agency CONSULTANT: 4L — � Y Title: Page 8 of 8 Exhibit A SCOPE OF SERVICES VENDOR INFORMATION: Full Spectrum Educational Services Sandra Sue Gee P.O. Box 596 Dana Point, CA 92629 (949) 496-6244 EVENT: Santa Ana Public Library's Children's Day/Book Day (Dia de los Ninos/Dia de los Libros) event on April 21, 2018 DESCRIPTION: Full Spectrum shall provide a trackless train at the Main Library, 26 Civic Center Plaza, Santa Ana CA 92701. The City will be responsible for setting up the space for the patrons attending and advertising the program. Vendor will be responsible for providing all equipment, materials, supplies and personnel necessary to provide the services. Exhibit B Full Spectrum Educational Services Sandee Gee Po Box 596, Dana Point, Ca 92629 949-496-6244 / 949-666-9241fax Invoice #: 334685 FullSpectrumEnt@hotmail.com www.Full-Spectrum.org Creating Good Times & Great Memories Is What We Do Best Client Invoice Date of Show: 4/21 /18 Start Time (+ 15 min): 11:OOam End Time: 2:OOpm Contact Name: Elvia Hernandez Address: 26 Civic Center Plaza Santa Ana Library Home Phone: 714-647-5261 Event Address 26 Civic Center Plaza Santa Ana, Ca 92701 Santa Ana, Ca 92701 Work Phone: 714-647-5397 youth Event Phone: 714-647-5397 Guest of Honor: Everyone Age:all #Children: 200-300 #Adults: Service Ordered: Train from 11am-2pm. (3 hrs) $675.00 Mini Express Certificate of Insurance $100.00 No Charge City Business Tax $26.00 Please leave 3 parking spaces for them Total Amount: $701.00 Deposit Required: $0.00 Deposit Received: $0.00 Balance Due: $701.00 Croce A Customer, Always A Friend .Magicians * Comedy Hypnosis * Airbrush Face Painting * Balloon Animals * AirBrush Tattoos Exotic Animal Magic Shows * Reptiles Shows * Game Master * Hand Writing Analysis * Fortune Teller Pony Rides * Petting Zoo * Bubble Ology 101 * Portable Planetarium And More.... AC"Rv® CERTIFICATE OF LIABILITY INSURANCE DATEI"M " 03/27/2018 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 oertNlcate holder Is an ADDITIONAL INSURED, the pollcy(les) 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 endolsement(s). PRODUCER Appling Insurance Services 10846 BLOOMFIELD STREET N-2018-058 LOS ALAMITOS CA 90720 CONTACT NAME; Shell) Appling PNHCO Ho E (662)594-8893 ,yc Na; (582)431-3665 AOIXiE55: Sheili@applinginsurance.net VSURERUH AFFORDING COVERAGE NAIC N INSURERA: MESA UNDERWRITERS SPECIALY INS. CO. 3683E INSURED SANDEE GEE DBA: FULL SPECTRUM EDUCATIONAL SERVICES PO BOX 595 Dana Point CA 92629 INSURER B: INSURERC: _ INSURERD: _ INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER: CL1811200804 REVISION NUMBER: THIS IS TO CERTIFY THATTHE 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. LTR TYPE OFINSURANCE N POLICY HUMBER MrWDDmm MMSAlYYYY uMSTS x COMMERCIALGENERALLIABILI Y . EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE Fx7 OCCUR PREMISE6 a omurenre $ 100,00D `f( MED EXP(Any one pe,Ton) $ 5,000 CONTRACTUAL LIABILITY x PRIMARY/NON-CONTRIBUTORY PERSONAL &ADV INJURY $ 1,000,000 A Y MP0004008012105 02/10/2018 001012019 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY jECT LOC PRODUCTS -Coup, ADD $ 2,000.000 S OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea amde,d $ BODILYINJURY(Rarpasonl $u ANYAUTO OWNED SCHEDULED AUTOSONLY AUTOS BODILY INJURY (Per acdaerd) S PROPERTY DAMAGE Pereo.Idenl S HIRED NON OVK$NED AUTDSONLY AUTOS ONLY S UMBRELLA Line OCCUR EACHOCCURRENCE S AGGREGATE $ EXCESS DAB CLAIM"ADE DEB I I RETEWICNS $ WORMERSiCOMPENSAl10N LIA AND EMPLOYERS' LIABILITY YIN E STATUTE ER ANY PROPRIETORIPARTNERIEXECUTIVE El OFFICERNEMRER FXCWPEOP EL EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ WmUtwy In NNI If yes, deevibe under DESCRIPnON OF OPERATIONS Mbw EL DISEASE -POLICY LIMIT $ DESCRIPmON OF OPERAPONS I LOCP.TIONS /VEHICLES IAGORD 101, AOtlRlanal ROmerka Sabaaub, may M apaaMd B more ageA la required) THE CITY OF SANTA ANA, ITS OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVE ARE NAMED AS ADDTIONAL INSURED FOR (ABILITY, ENDORSEMENT ° ATTACHED ��� 'SPECIALTY PRESENTATIONS .\Ca 30 DAY NOTICE OF CANCELLATION, 10 Day Notice of Cancellation for non-payment of premium CERTIFICATE HOLDER CANCELLATION , is SHOULD ANY OF THE ABOVE DEB BOO\ E CANCELLED BEFORE I8. THE EXPIRATION DATE THER OTICE DELIVERED IN CITY OF SANTA ANA ACCORDANCE VNITH THE YPROVISI PUBLIC LIBRARY AUTHOR REPRESENTATIVE 26 CIVIC CENTER PLAZA SANTA ANA CA 92701 01998-2016 ACORD CORPORATION. All rights reserved. ACORD 26 (2018103) The ACORD name and logo are registered marks of ACORD ADDITIONAL INSURED ENDORSEMENT Insurance Company Mesa Underwriters Specialty Insurance Company This endorsement modifies such insurance as is offered by the provisions of Policy Number: MPo004008012105 relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; it officers, employees, agents and representative are named as additional insureds ("additional insureds') with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this enda'sement effective.) Effective 2/10/2018 , this endorsement form part of Policy# MP0004008012105 Issued to (Name Insured] Full Spectrum Educational Services Countersigned by 4G C,J��. POLICY #MP0004008012105 COMMERCIAL GENERAL LIABILITY CG 20 33 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions: or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: 1. "Bodily injury" "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. r°o, fey �1(v CG 20 33 0413 © Insurance Services Office, Inc., 2012 Page 1 of 2 2. 'Bodily injury" or 'property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement you have entered into with the additional insured; 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. Q�G Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 33 0413 Sandra Gee, DBA: Full SpectrurYr'Educationa S®rr as a- - : ,-CL1MMERG1AL GENERAL LIABILITY - Policy #MP0004008012105 C6 20 0104 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE REACT IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART The following Is added to the Other Insurance Conditon and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional Insured is a Named Insured, under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. CG 20 0110413 0 Insurance Services Office, Inc., 2012 Page 1 of 1 N.2018.058 WORKERS' COMPENSATION DECLARATION I Sandra Gee hereby affirm under penalty of perjury, the (K.rrwe) folLwipg declaration : Icertify on behalf of_Full Spectrum Educational Services _that during the term of my (Coissvltan7CcmpenyNatne) contract for,. Train services with the City of Santa Ana, Iwill not employ any person in any manner so as to become subject to the workers' compensation laws of California, and agree that if I should become subject to the workers' compensation provisions of Section 3700 of the Labor Code, I shall forthwith comply with those provisions and provide proof of workers' compensation coverage. DATE: 03-01-2018 By. Name: Sandee Gee Title Owner Telephone: _949-496-6244 WARNING: FAILURE TO SECURE WORKERS' COMPENSATION COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO CRMNAL PENALTIES AND CNII. FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000). IN ADDITION TO TEE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF TEE LABOR CODE, INTEREST, AND ATTORNEY' S FEES. PS\ J rd5