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HomeMy WebLinkAbout2018 CON Transcendance Youth Arts Project - Temporary Use Agreement - Kimball Recreation CenterTEMPORARY USE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND transcenDANCE Youth Arts Project THIS TEMPORARY USE AGREEMENT ("AGREEMENT") is granted to transcenDANCE YOUTH ARTS PROJECT, a California non-profit corporation (the "APPLICANT") by the CITY OF NATIONAL CITY, a municipal corporation (the "CITY") on this 1st day of May, 2018. RECITALS WHEREAS, the APPLICANT provides youth programs for National City high school and middle school students. WHEREAS, the APPLICANT desires to use the premises commonly known as the Kimball Recreation Center (the "FACILITY"), located at 200 East 12th Street, National City, CA 91950. WHEREAS, the FACILITY is designed to hold recreational programs. WHEREAS, the CITY recently approved a Maintenance and Operating Agreement for A Reason to Survive, Inc. ("ARTS") to hold community -oriented programming in the CITY'S Arts Center building. WHEREAS, the CITY intends that APPLICANT's use of the FACILITY will eventually be governed by ARTS' Maintenance and Operating Agreement with the CITY. • WHEREAS, the CITY intends that this AGREEMENT serve as a temporary means to describe the CITY and APPLICANT's rights and obligations regarding the FACILITY until APPLICANT and ARTS reach a separate agreement over APPLICANT's use of the FACILITY. WHEREAS, if APPLICANT is unable to reach an agreement with ARTS within one year from the Effective Date (defined below) of this AGREEMENT, the CITY and APPLICANT intend to enter into a City Council -approved Maintenance and Operating Agreement of the FACILITY. WHEREAS, the APPLICANT seeks permission to use the FACILITY in the interim so the APPLICANT can hold dance programs and provide student services, such as mental health counseling and leadership development. NOW, THEREFORE, THE APPLICANT AGREES THE FOLLOWING TERMS GOVERN THEIR USE OF THE FACILITY: 1. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This AGREEMENT will become effective on January 1, 2018 ("Effective Date"). The duration of this AGREEMENT is for the period of January 1, 2018 through December 31, 2018. This initial twelve-month period shall be referred to as the "Term." 1.1 The APPLICANT shall not develop or advertise programming after December 31, 2018 without written approval from the Community Services Department. 1.2 The Term of this Agreement shall immediately terminate once APPLICANT and ARTS conclude a separate, fully -executed agreement regarding APPLICANT's use of the FACILITY If APPLICANT is unable to reach an agreement with ARTS within one year from the Effective Date of this AGREEMENT, the CITY and the APPLICANT intend to enter into a City Council -approved Maintenance and Operating Agreement for use of the FACILITY. 2. USE OF FACILITY. The FACILITY, located at 200 East 12th Street, National City, CA 91950 is a recreation center that consists of: an office, kitchen, storage areas, and two (2) dance rooms. The APPLICANT is permitted to use and occupy the FACILITY to provide youth dance programs for: • up to 30 (thirty) National City high school and/or middle school students; • after school dance programming and Saturday workshops; and • a variety of student services, such as mental health counseling and leadership development to middle, high school, and early college students from National City and surrounding neighborhoods. The APPLICANT is permitted to use the office space to conduct business. The APPLICANT is permitted to use and occupy the FACILITY to provide dance programs and student services Monday, Wednesday, and Friday from 8:00 a.m. to 5:00 p.m., Tuesday and Thursday from 8:00 a.m. to 8:00 p.m., and Saturday from 8:00 a.m. to 6:00 p.m. during the length of this AGREEMENT. APPLICANT's use of the FACILITY is limited to the days and times specified in this Section. APPLICANT shall not advertise programming outside of the permitted hours listed in Section 2. In the event APPLICANT seeks to adjust FACILITY usage times, the City Manager, or designee, has the discretion to approve adjustments to the usage times at her, or designee's, sole discretion. APPLICANT agrees that the CITY may allow others to use the FACILITY when not in use by APPLICANT. The CITY shall coordinate use of the FACILITY by others with APPLICANT fourteen (14) days in advance of any proposed use. Other users shall be required by the CITY to cover the floors if the FACILITY is being used for any purpose other than dancing. Notwithstanding any other provision of this AGREEMENT, the CITY shall pay any extra costs of janitorial services if any other user, other than APPLICANT, uses the FACILITY during the Term of this AGREEMENT. 2.1 Janitorial & Security Services. APPLICANT must provide janitorial and security alarm services through the Term of this AGREEMENT. APPLICANT shall clean no less Temporary Use Agreement — Kimball Recreation Center 2 City of National City and May 2018 transcenDANCE than two (2) times per week. The CITY shall not pay any costs or expenses related to such janitorial and security alarm services during the Term of this Agreement. 2.2 Ownership of Personal Property and Improvements. The rights and obligations of the parties regarding the ownership of personal property and improvements to the FACILITY shall be as follows: 2.2.1 Ownership of Personal Property. All improvements existing on the FACILITY (Improvements), together with all fixtures permanently attached to the FACILITY (Fixtures), as of the Effective Date shall remain the property of the CITY during the Term. APPLICANT shall not remove any Improvements or Fixtures from the Property and shall also not waste, destroy, or modify any Improvements or Fixtures on the Property, except as permitted by this Agreement. This Section 2.2.1. shall not apply to the FACILITY's wood dance floors. If APPLICANT vacates the Premises, APPLICANT may remove the wood dance floors only if: (1) APPLICANT restores the floors to their previous condition before installation of the wood dance floor; (2) APPLICANT repairs any and all damage caused by such removal; and (3) APPLICANT agrees to abate asbestos if asbestos conditions were caused by the installation or removal of the wood dance floor. 2.2.2 Ownership of Improvements and Equipment. All improvements made to the FACILITY by APPLICANT shall become the property of the CITY. 3. AGREEMENT COORDINATION AND CONTACT. Audrey Denham hereby is designated as the AGREEMENT Coordinator for the CITY and will monitor the use of the FACILITY and compliance with this AGREEMENT. The APPLICANT shall assign a single point of contact to provide supervision and have overall responsibility for the use of the FACILITY and compliance with this AGREEMENT for the APPLICANT. Catherine Corral hereby is designated as the Point of Contact for the APPLICANT. 4. AGREEMENT FEE. APPLICANT's facility use fees of Three Hundred Dollars ($300) are due to the CITY' Finance Department, on the first of every month, for use of the FACILITY beginning in January 2018. The APPLICANT shall provide, at no cost to the CITY, internet and phone services during the Term of this Agreement. 5. CONTROL. Neither the CITY, nor its officers, agents, or employees shall have any control over the conduct of the APPLICANT or any of the APPLICANT'S employees, except as set forth in this AGREEMENT. The APPLICANT, or the APPLICANT'S agents, servants, or employees are not in any manner agents, servants, or employees of the CITY. The APPLICANT and its agents, servants, and employees are wholly independent from the CITY, and the APPLICANT'S obligations to the CITY are solely prescribed by this AGREEMENT. 6. COMPLIANCE WITH APPLICABLE LAW. The APPLICANT, in the use of the FACILITY as allowed by this AGREEMENT, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City of National City, whether now in force or subsequently enacted. The APPLICANT and each of Temporary Use Agreement — Kimball Recreation Center 3 City of National City and May 2018 transcenDANCE its SUBAPPLICANT(S), shall obtain and maintain a current City of National City business license prior to and during the use of the FACILITY pursuant to this AGREEMENT. 6.1 Cannabis Cultivation Prohibited. Notwithstanding any other provision in this Agreement, or in this Section 6, APPLICANT shall neither cultivate, nor allow the cultivation of, nor sell cannabis at the FACILITY. 7. LICENSES, AGREEMENTS, ETC. The APPLICANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to conduct its programs and recreational activities. The APPLICANT represents and covenants that the APPLICANT shall, at its sole cost and expense, keep in effect at all times during the term of this AGREEMENT, any license, permit, or approval which is legally required for the APPLICANT to conduct its programs and recreational activities. 8. NON-DISCRIMINATION PROVISIONS. The APPLICANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The APPLICANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. If requested by the CITY, the APPLICANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 9. INDEMNIFICATION AND HOLD HARMLESS. The APPLICANT agrees to defend, indemnify and hold harmless the City of National City, its officers, officials, agents, employees, and volunteers against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the use of public property or the activity(ies) taken under this permit including but not limited to any of APPLICANT's programs and/or recreational activitiesas described in this AGREEMENT; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City, its agents, officers, employees, or volunteers. CITY will cooperate reasonably in the defense of any action, and APPLICANT shall employ competent counsel, reasonably acceptable to the City Attorney. The indemnity, defense, and hold harmless obligations contained herein shall survive the termination of this AGREEMENT for any alleged or actual omission, act, or negligence under this AGREEMENT that occurred during the term of this AGREEMENT. The APPLICANT agrees to have participants in APPLICANT's programs and recreational activities sign waivers of liability specifically waiving any liability against the City of National City, its officers, officials, agents, employees, and volunteers. To the extent Temporary Use Agreement — Kimball Recreation Center 4 City of National City and May 2018 transcenDANCE APPLICANT has participants sign waivers of liability as a condition of participation, APPLICANT will include the City of National City, its officers, officials, agents, employees, and volunteers in APPLICANT's participant waivers. 10. WORKERS' COMPENSATION. The APPLICANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Labor Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, employees, and volunteers from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the APPLICANT under this AGREEMENT. 11. INSURANCE. The APPLICANT, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors and independent contractors, when applicable, to purchase and maintain throughout the term of this AGREEMENT, the following checked insurance policies: A. Automobile Insurance covering all bodily injury and property damage incurred during the term of this AGREEMENT, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned, and hired vehicles. The policy shall name the CITY and its officers, agents and employees as additional insureds, and a separate additional insured endorsement shall be provided. B. Commercial General Liability Insurance, with minimum limits of $2,000,000 per occurrence and $4,000,000 aggregate, covering all bodily injury and property damage arising out of its operations, work, or performance under this AGREEMENT. The policy shall name the CITY and its officers, agents and employees as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". The "project" or "location" should be noted with specificity on an endorsement that shall be incorporated into the policy. The Commercial General Liability required by this Section must include Sexual Misconduct Liability coverage with minimum limits of $1,000,000 per occurrence and $2,000,000 in the aggregate. C. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of APPLICANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of AGREEMENT. If APPLICANT has no employees subject to the California Workers' Compensation and Labor laws, APPLICANT shall execute a Declaration to that effect. Said Declaration shall be provided to APPLICANT by CITY. D. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, officials, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days Temporary Use Agreement — Kimball Recreation Center 5 City of National City and May 2018 transcenDANCE prior written notice to the CITY's Risk Manager, at the address listed in subsection G below, of cancellation or material change. E. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the APPLICANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this AGREEMENT. F. Insurance shall be written with only insurers authorized to conduct business in California that hold a current policy holder's alphabetic and financial size category rating of not less than A:VII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the CITY'S Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. G. The Certificate Holder for all policies of insurance required by this Section shall be: City of National City c/o Risk Manager 1243 National City Boulevard National City, CA 91950-4397 H. This AGREEMENT shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY'S Risk Manager. If the APPLICANT does not keep all of such insurance policies in full force and effect at all times during the terms of this AGREEMENT, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this AGREEMENT and terminate the AGREEMENT as provided herein. I. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. J. If the APPLICANT maintains broader coverage or higher limits (or both) than the minimum limits shown above, the CITY requires and shall be entitled to the broader coverage or higher limits (or both) maintained by the APPLICANT. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY. 12. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this AGREEMENT, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's Temporary Use Agreement — Kimball Recreation Center 6 City of National City and May 2018 transcenDANCE fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 13. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Leslie Deese City Manager City of National City 1243 National City Boulevard National City, CA 91950-4397 with a copy to: Audrey Denham Acting Community Services Director 140 East 12th Street National City, CA 91950-4397 To APPLICANT: Catherine Corral transcenDANCE Youth ARTS Project 200 East 12th Street National City, CA 91950 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 14. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this AGREEMENT. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720, Temporary Use Agreement — Kimball Recreation Center 7 City of National City and May 2018 transcenDANCE 1720.2, 1720.3, 1720.4, and 1771. Applicant is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 15. ASSUMPTION OF RISK. It is expressly understood and agreed that the APPLICANT assumes all risk for loss, damage, liability, injury, cost or expense that may arise during or be caused in any way by APPLICANT's use or occupancy of the Facilities. The APPLICANT further agrees that in consideration of being permitted the use of the Facilities, they will save and hold harmless the said City of National City, its officers, agents employees and volunteers from any loss, claims, and liability damages, and/or injuries to persons and property that in any way may be caused by the applicant's use or occupancy. The APPLICANT will abide by the regulations governing said FACILITY and agree to abide by all City of National City ordinances and facility rules and policies. The APPLICANT is responsible for any damage/loss sustained by the ground, building, furniture or equipment or unusual clean up occurring through the occupancy of said facilities. 16. POSSESSORY INTEREST. The APPLICANT recognizes and understands that use of the CITY's FACILITY may create possessory interest subject to property taxation and that APPLICANT may be subject to the payment of property taxes levied on such interest. APPLICANT further agrees to pay any and all property taxes, if any assessed during the use of the CITY's facility pursuant to sections 107 and 107.6 of the Revenue and Taxation Code against APPLICANT's possessory interest in the CITY's facility. 17. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this AGREEMENT is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday. B. Counterparts. This AGREEMENT may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this AGREEMENT are solely for the convenience of the parties hereto, are not a part of this AGREEMENT, and shall not be used for the interpretation or determination of the validity of this AGREEMENT or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this AGREEMENT shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. To the extent any exhibits or schedules or provisions thereof conflict or are inconsistent with the terms and conditions contained in this AGREEMENT, the terms and conditions of this AGREEMENT shall control. Temporary Use Agreement — Kimball Recreation Center 8 City of National City and May 2018 transcenDANCE F. Amendment to this Agreement. The terms of this AGREEMENT may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this AGREEMENT shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This AGREEMENT shall be governed by and construed in accordance with the laws of the State of California. I. Audit. This AGREEMENT may be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the AGREEMENT, per Government Code Section 8546.7. J. Entire Agreement. This AGREEMENT supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. K. Successors and Assigns. This AGREEMENT shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. L. Subcontractors or Subapplicants. The City is permitting the use of the FACILTIY to the APPLICANT identified in this AGREEMENT. The APPLICANT shall not subpermit the use of the FACILITY or any portion thereof, unless such subpermitting was part of the original AGREEMENT or is allowed by the City in writing. To the extent there is a subpermit, the subapplicant(s) shall be required to comply with and agree to, for the benefit of and in favor of the City, the insurance provisions in Section 11, the indemnification and hold harmless provision of Section 9, and the assumption of the risk in Section 15 of this AGREEMENT. M. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this AGREEMENT, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this AGREEMENT, (iv) each party and such party's counsel and advisors have reviewed this AGREEMENT, (v) each party has agreed to enter into this AGREEMENT following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this AGREEMENT, or any portions hereof, or any amendments hereto. O. Alcohol. Consumption of alcohol on the Premises is prohibited. [Signature Page to Follow) Temporary Use Agreement — Kimball Recreation Center 9 City of National City and May 2018 transcenDANCE IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on the date and year first above written. CITY OF NATIONAL CITY Leslie Deese, City Manager APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney By: / T oberto M. Contreras Deputy City Attorney transcenDANCE YOUTH ARTS PROJECT, a California non-profit corporation (Corporation — signatures of two corporate officers required) By: OOerii e Co, -ram' f Catherine Corral Founder, Executive Director & Artistic Director Arlene Yang Board Secretary Temporary Use Agreement — Kimball Recreation Center 10 City of National City and May 2018 transcenDANCE ACO OR CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 5/1/2018 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 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 Michael Ehrenfeld Company 2655 Camino Del Rio North #200 San Diego CA 92108 INSURED TranscendanCe Youth Art Project 200 E 12th Street National City COVERAGES CA 91950 CONT NAMEACT Sandra Broughton PHONE (619) 683-9990 C. No EMI: MAIL sandib@ehrenfeldinsurance.com ADDRESS: FAX (619)683-9999 INSURER(S) AFFORDING COVERAGE NAIC # INSURERANonprofit8 Insurance Alliance Of INsuRERB:State Compensation Ins Fund of CA INSURER C : NIAC 35076 INSURER D : INSURER E : INSURER F : CERTIFICATE NUMBE R:MASTER 2018 • 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 ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYYJ POLICY EXP JMMIDQ/YYYY), UNITS A X COMMERCIAL GENERAL LIABILITY OCCUR X 2018-22743 2/15/2018 2/15/2019 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X DAMAGE TO RENTED PREMISES (Ea occurrence) $ 500,000 MED EXP (Any one person) $ 20,000 PERSONAL 8 ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY jECT X LOC PRODUCTS - COMP/OPAGG $ 2,000,000 OTHER: LIQUOR LIABILITY $ 1,000,000 A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS -OWNED 2018-22743 2/15/2018 2/15/2019 (Ea aBINEDccidenSINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) $ SCHEDULED AUTOS BODILY INJURY Per accident) $ X _ X NON _AUTOS PROPERTY DAMAGE (Per accident) $ $ A X UMBRELLA LIAR EXCESS UAB X OCCUR CLAIMS -MADE 2018-22743-U 2/15/2018 2/15/2019 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 DED X RETENTON$ 10,000 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, desaibe under DESCRIPTION OF OPERATIONS Y I N N I A y 9139978-17 8/18/2017 8/18/2018 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000, 000 below E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 $1,000,000 $1,000,000 A Improper Sexual Conduct & Physical Abuse Liability 2018-22743 2/15/2018 2/15/2019 EACH CLAIM LIMIT GENERAL AGGREGATE LIMIT DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE:Leased Premise Kimball Recreation Center 200 East 12th Street, National City, CA 91950 The City of National City, its officers, officials, agents, employees, and volunteers are named as Additional Insured per endorsement. General Aggregate Limit applies to Designated Location per endorsement. Waiver of Subrogation applies per endorsement. CERTIFICATE HOLDER CANCELLATION City of National City c/o Risk Manager 1243 National City Boulevard National City, CA 91950-4397 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Eric Ehrenfeld/SANDI ACORD 25 (2014/01) INS025 (201401) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD IoNONPROFITS INSURANCE ALLIANCE OF CALIFORNIA POUCY NUMBER: 2018-22743 A Head for Insurance. A Heart for Nonprofits. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - MANAGERS OR LESSORS OF PREMISES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designation Of Premises (Part Leased To You): Kimball Recreation Center 200 East 12th Street, National City, CA 91950 Name Of Person(s) Or Organization(s) (Additional Insured): The City of National City, its officers, officials, agents, employees, and volunteers Any person or organization acting as a manager or lessor of a premises that you are required to name as an additional insured on this policy, under a written contract, lease or agreement currently in effect, or becoming effective during the term of this policy. Additional Premium: Included 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 person(s) or organization(s) shown in the Schedule, but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you, and 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, subject to the following additional exclusions: This insurance does not apply to: 1. Any 'occurrence' which takes place after you cease to be a tenant in that premises. 2. Any offense which constitutes "personal and advertising injury" which is committed after you case to be a tenant in that premises; or 3. Structural alterations, new construction or demolition operations performed by or on behatf of the person(s) or organization(s) shown in the Schedule. 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 insured, the following is added to Section lII - 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. NMAC-E67 08 17 Page 1 of 1 POLICY NUMBER: 2018-22743 COMMERCIAL GENERAL LIABILITY CG25040509 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED LOCATION(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Location(s): Any "location" owned by or rented to the Named Insured. Kimball Recreation Center 200 East 12th Street, National City, CA 91950 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under Section 1— Coverage A, and for all medical expenses caused by accidents under Section I — Coverage C, which can be attributed only to operations at a single designated "loca- tion" shown in the Schedule above: 1. A separate Designated Location General Aggregate Limit applies to each designated "location", and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Location General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damag- es because of "bodily injury" or "property damage" included in the "products -completed operations hazard", and for medical expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or `suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Loca- tion General Aggregate Limit for that desig- nated "location". Such payments shall not re- duce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Location General Aggre- gate Limit for any other designated "location" shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Decla- rations, such limits will be subject to the appli- cable Designated Location General Aggre- gate Limit. CG 25 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 2 0 B. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under Section 1— Coverage A, and for all medical expenses caused by accidents under Section I — Coverage C, which cannot be at- tributed only to operations at a single designated "location' shown in the Schedule above: 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products -completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Desig- nated Location General Aggregate Limit. C. When coverage for liability arising out of the "products -completed operations hazard" is pro- vided, any payments for damages because of 'bodily injury` or 'property damage" included in the "products -completed operations hazard" will reduce the Products -completed Operations Ag- gregate Limit, and not reduce the General Ag- gregate Limit nor the Designated Location Gen- eral Aggregate Limit. D. For the purposes of this endorsement, the Defi- nitions Section is amended by the addition of the following definition: "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. E. The provisions of Section III — Limits Of Insur- ance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 © Insurance Services Office, Inc., 2008 CG 25 04 05 09 0 STATE COMPENSATION INSURANCE BROKER COPY FUND ENDORSEMENT AGREEMENT WAIVER OF SUBROGATION BLANKET BASIS HOME OFFICE SAN FRANCISCO EFFECTIVE AUGUST 18, 2017 AT 12.01 A.M. ALL EFFECTIVE DATES ARE AND EXPIRING AUGUST 18, 2018 AT 12.01 A.M. AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME TRANSCENDANCE YOUTH ART PROJECT 200 E 12TH ST NATIONAL CITY, CA 91950 WE HAVE THE RIGHT TO RECOVER OUR PAYMENTS FROM ANYONE LIABLE FOR AN INJURY COVERED BY THIS POLICY. WE WILL NOT ENFORCE OUR RIGHT AGAINST THE PERSON OR ORGANIZATION NAMED IN THE SCHEDULE. THIS AGREEMENT APPLIES ONLY TO THE EXTENT THAT YOU PERFORM WORK UNDER A WRITTEN CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT FROM US. THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE 2,00. OF THE TOTAL POLICY PREMIUM. SCHEDULE PERSON OR ORGANIZATION ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER JOB DESCRIPTION BLANKET WAIVER OF SUBROGATION 9139978-17 RENEWAL SP PAGE 1 OF 1 NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: 4 AUGUST 15, 2017 AUTHORIZED REPRESENT IVE PRESIDENT AND CEO SCIF FORM 10217 IREV.7-2014) 2572 OLD DP 217 CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950-4397 619-336-4228 Michael R. Dalla, CMC - City Clerk TRANSCENDANCE YOUTH ARTS PROJECT Temporary Use Agreement Kimball Recreation Center Audrey Denham (Community Services) forwarded a copy of the Fully Executed Agreement to TranscenDANCE Youth Arts Project.