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HomeMy WebLinkAboutBORDER X BREWING, LLC_ City of Santa Ana 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TERMINATION FORM Please complete this form in its entirety when the attached agreement and all amendments (if any) are no longer in effect. Note: If your agreement is grant related, please ensure that all grant retention requirements have been satisfied prior to signing the termination form. Is the agreement(s) a permanent record? Yes _ No Return form to the Clerk of the Council Office (M-30). Call 647-1520 if you have any questions. The agreement with No. N-2019-179 was completed on (List al[ amendments. Use space below if needed.) Revised: 10-18-16 and final payment has been made. Department: Phone/Ext.: Signature: Date: INSUR&NCE ON FILE WORK MAY PROCEED UNTIL INSURAN E EXPIRES N-2019-179 20 CLERK 0 OU IL DATE: SEP 12 U19 PARTICIPATION AND SPONSORSHIP AGREEMENT BETWEEN BORDER X BREWING, LLC, VIVA LA VIDA SANTA ANA, AND THE CITY OF SANTA ANA FOR FIESTAS PATRIAS 2019 THIS PARTICIPATION AND SPONSORSHIP AGREEMENT is made and entered into this 9th day of September, 2019 by and between Border X Brewing, LLC, a California Limited Liability Company ("Sponsor"), Viva la Vida Santa Ana, a California Domestic Non -Profit Corporation ("Viva") 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")(also collectively referred to as "the parties."). RECITALS A. The City is producing its Fiestas Patrias in Santa Ana on September 14-September 15, 2019 ("Event") and desires to retain sponsors for the Event. B. Sponsor represents that it is able and willing to provide sponsorship for the Event. C. Sponsor will provide beer, staffing, and equipment for the Event for use in the beer garden. The beer garden will be operated primarily by Viva. D. City, Sponsor and Viva desire to enter into a Participation and Sponsorship Agreement ("Agreement") to identify each parties' respectively obligations and roles regarding operation of the beer garden for the Event. E. Sponsor and Viva represents that they do not have any pending or open applications with the City that require discretionary approval. F. Sponsor and Viva represent that they are not adverse to the City in any pending or ongoing legal proceeding. 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. CITY RESPONSIBLITIES City shall be responsible for providing the following for the Event: a. Pedestrian perimeter barricades for beer garden as outlined in the attached Exhibit A; b. Security for monitoring of entrances/exits to beer garden, beer consumption and checking identification; c. City staff to provide oversight and support for operation of beer garden; d. Provide dumpsters (recycling and trash) for Event; and e. Provide electrical outlet for string lighting only. #9235v3 2. SPONSOR RESPONSIBILITIES; Sponsor shall be requited to provide and/or entitled to the following: a. Setup a Mexican Craft Beer Garden on Saturday, September 14, 2019 from 12:00 p.m. to 10:00 p.m. and on Sunday, September 15, 2019 from 12:00 p.m. — 9:00 p.m. Beer garden will be located as designated in the attached Exhibit A; b. Provide four (4) types of beer and one (1) Border X Michelada (price range between S6-S10); c. Provide all equipment necessary for operation of the beer garden including, but not limited to, canopies, umbrellas, tables, chairs, jockey box (for pouring beer), artworktddcor, and lighting. The lighting must be adequate for visibility and safety pursuant to Orange County Fire Authority ("OCFA") regulations. All exposed cables must have crossovers to avoid tripping hazards; d. Provide adequate personnel to stock beer, clean up the beer garden during the hours of operation and at the end of each night; e. Provide supplies including but not limited to trash boxes, liners; and any necessary cleaning supplies; f. Assist Viva in enforcing the beer garden rules; g. Sponsor will keep the proceeds from any beer sales, in excess of the 10%, Sponsor has agreed to provide to Viva, from the beer garden for the Event; h. Sponsor will provide the total amount of the gross receipts from beer sales for the beer garden during the Event to City in writing no later than forty-five (45) days of the end of the Event; and i. Sponsor grants to the City the right to use Sponsor's trademark(s), trade name(s), logo designs and company descriptions as prepared and delivered to City by Sponsor in any medium of advertising, marketing materials, and/or promotional goods distributed in conjunction with the Event and in accordance with Sponsor's usage guidelines. 3. VIVA'S RESPONSIBLITIES Viva shall be responsible for providing and/or entitled to the following: a_ Viva shall obtain an ABC license, prior to the start of the Event, which allows for the operation of the beer garden for the Event. A copy of said license shall be provided to Sponsor and City, b. Viva shall provide sufficient staff to operate a beer garden at the Event on Saturday, September 14, 2019 from 12:00 p.m. to 10:00 p.m. and on Sunday, September 15, 2019, from 12:00 p.m. to 9:00 p.m. c. Viva shall provide staff to pour beer, sell tickets, take tickets, and generally operate a beer garden at the Event for a maximum of 150 people at a time; #9235v3 d. Viva shall be responsible for enforcing beer garden rules, winch include: (1) Beer garden is open for adults 21 and over. A valid driver's Iicense is required upon entry into the beer garden; (2) Two drink maximum per person; (3) Only beer can be sold in the beer garden. No wine or hard liquor sales or consumption are allowed in the beer garden; (4) All sales of beer in the beer garden must cease 30 minutes before the end of the Event. On Saturday, September 14, 2019, beer sales must stop at 9:30 p.m. On Sunday, September 15, 2019, beer sales must stop at 8:30 p.m. (5) Alcohol beverage sales and consumption are prohibited in public or on any public street; sidewalk; or public property; (6) The beer garden must remain in a clean and safe condition at all times; prohibited; (7) Dumping of trash, food or liquids except in designated trash receptacles is (8) Furniture within the beer garden cannot obstruct ingress and egress. (9) All cables must have crossovers; (10) Beverages cannot be sold in glass containers; (11) Amplified sound and wheel of fortune are prohibited unless pre -approved prior to the Event by the City; (12) Compliance with OCFA regulations and guidelines at all times; (13) Compliance with ABC regulations and guidelines at all times; (14) Compliance with Orange County Health Department regulations and guidelines at all times (15) Compliance with all directives from City staff and/or the Santa Ana Police Department including but not limited to shutting down the beer garden. e. Within forty-five days of the end of the Event, Viva will receive from Sponsor 10% of the total beer garden sales for the Event; and f. Viva grants to the City the right to use Viva's trademark(s), trade name(s), logo designs and company descriptions as prepared and delivered to City by Sponsor in any medium of advertising, marketing materials, and/or promotional goods distributed in conjunction with the Event and in accordance with Sponsor's usage guidelines. 4. SPONSORSHIP FEE There is no monetary sponsorship fee. #9235v3 g. EXCI.USIViTY OF SPONSORSHIP This sponsorship is non-exclusive. The City may enter into other sponsorship agreements for this Event. 6. TERM This Agreement shall commence on the date stated above and continue through October 31, 2014, unless terminated as otherwise provided in this Agreement. 7. INDEPENDENT CONTRACTOR Sponsor and Viva, their respective employees and volunteers shall, during the entire term of this Agreement, be construed to be an independent contractor and not employees 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 Sponsor and/or Viva, their respective employees or volunteers, performs the services which are the subject matter of this Agreement; however, the services to be provided by Sponsor and/or Viva, their respective employees and volunteers, shall be provided in a manner consistent with all applicable standards and regulations governing such services. Sponsor and Viva 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. S. INSURANCE During the term of this Agreement, Sponsor and Viva shall maintain and shall require its subcontractors or agents, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Sponsor and Viva shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Sponsor's and/or Viva'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, and $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and non-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. #9235v3 4 c. Worker's Compensation insurance. In accordance with Califomia state law, Sponsor and Viva, if Sponsor or Viva have any employees, are 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, Sponsor and Viva agree to obtain and maintain any employer's liability insurance with limits not less than $1,000 000 per accident. d. The following requirements apply to the insurance to be provided by Sponsor and Viva pursuant to this section: (i) Sponsor and Viva 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 famished to the City upon execution of this Agreement 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 e. If Sponsor or Viva fail or refuse 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. 6, INDEMNIFICATION To the fullest extent permitted by law, Sponsor and Viva shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively, the "indemnified parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a claim, collectively, "claims"), which may arise from or in any manner are related (directly or indirectly) to this Agreement or Sponsor's and/or Viva's presence or activities at the Event (including the negligent and/or willful acts, errors and/or omissions of Sponsor or Viva, its principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Sponsor or Viva to indemnify the indemnified parties from any claim arising from the sole negligence or willful misconduct of the indemnified parties. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Sponsor or Viva. 7. CONFIDENTIALITY If Sponsor or Viva receive from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Sponsor agrees that it shall not use or disclose such information except in the performance of this Agreement, and #9235v3 farther 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 Sponsor or Viva disclosed in a publicly available source; (c) is In rightful possession of the Sponsor or Viva without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Sponsor or Viva without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Sponsor and Viva respectively covenant that they presently have no interests and shall not have interests, direct or indirect, which would conflict in any manner with this agreement. Should this agreement create a conflict of interest for the City, the agreement shall be deemed null and void. 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 facsimile or other telegraphic communication in the manner provided 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 Copies to Parks, Recreation c& Community Services Agency City of Santa Ana 20 Civic Center Plaza (M-75) P.O. Box 1988 Santa Ana, California 92702-1988 Fax: 714-571-4227 #9235v3 And, City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) Santa Ana, California 92702-1988 Fax:714-647-5212 To Sponsor: Border X Brewing, LLC 2181 Logan Avenue San Diego, California 92113 Phone: (858) 405-0528 Email: David. Favela ct.borderxbrewin =.com To Viva: Viva La Vida Santa Ana P.O. Box 2115 Santa Ana, California 92707 (714)200-5192 Email: 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. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the parties regarding the subject matter herein, 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 Sponsor. 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 Sponsor 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 are not embodied herein. #4235v3 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Sponsor, Sponsor 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 Sponsors retained by City. 12. CANCELLLATION OR TERMINATION If, because of war, fire, strike, civil strife, government regulation, natural catastrophe, an act of terrorism or public enemy, an act of God, or any reason beyond the reasonable control of City, the Event or any part thereof is prevented from being held or is cancelled by City, City, in its sole discretion, shall determine and refund to the Sponsor its proportionate share of the balance of the aggregate sponsor fees received that remain after deducting expenses incurred by City and reasonable compensation to City. In no case shall the amount of the refund to the Sponsor exceed the amount of the fee paid. City reserves the right to cancel any portion of the Event, as it deems necessary and appropriate. Cancellation by the Sponsor will be accepted only in writing. In the event of cancellation by Sponsor, Sponsor will remain obligated for 100% of the sponsorship fee, and City will retain the right to seek and retain an alternate sponsor in City's sole discretion. 13. NONDISCRIMINATION Sponsor 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 or any activities in connection with this Agreement. Sponsor 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, 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. 15. PROFESSIONAL LICENSES Sponsor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary hereunder and required by the laws and #923iv3 regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Sponsor 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. 16. PERSONAL BENEFIT TO CITY OFFICERS AND EMPLOYEES IS PROHBITED Sponsor must not confer a personal benefit, directly or indirectly, to any individual City officer or employee. 17. NO ENDORSEMENT Sponsorship shall not be deemed to constitute an endorsement by City of Sponsor, its services, products; officials, board members, or owners. 18. LIMITATIONS a. Editorial Control: City retains the right to exercise full editorial control over the placement, content, appearance, wording, and design of sponsorship materials and messages. b. No Use of City Loco or Seal: This sponsorship agreement does not allow for the use of the City's seal or logo by Sponsor. C. Content: Sponsorship signage, materials, advertising, handouts, etc., provided by Sponsor pursuant to this agreement shall not contain the following: (1) Obscenity; (2) Pornography; (3) Fighting words; (4) Fraudulent material; (5) Defamatory, libelous, or slanderous material; (6) Promotion of illegal drugs, tobacco products, gambling, or adult entertainment; (7) Political campaign speech, speech that supports or opposes a ballot measure or initiative, speech that supports or opposes any person running for political office. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature 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 attomey'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. #9235v3 c. The portions of this Agreement are severable. Any invalidity, unenforceability or illegality of any provision or provisions, shall not act to invalidate the entire Agreement. Each term or provision of this Agreement shall be construed to be valid and enforceable to the fullest extent of the law. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ��I nf . ' 11 Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: tLU LAUKA A. ROSSINI � Senior Assistant City Attorney RECOMMENDED F A \ —z/ Director of Parks, and Community Services Agency tt9235v3 110 CITY OF SANfA ANA KRISTINE RIDGE - City Manager SPONSOR order X B ewiRg, LLC. David Favela CEO 4VIVAAVIDA SANTA ANA,INC. mbula I EXHIBIT A BEER GARDEN LOCATION/SITE PLAN "� % m '" .�' r ' '°c sti ,� � � '�kY. t . � �it�++y, ��' ' i'y�"�!.' ♦4� �� Ib x State of California Department of Alcoholic Beverage Control ABC-281 10199 License Type: 34 One Day Beer & Wine License Nontransferable LICENSE NO. 9576078 Receipt No. 2596499 APPLICATION: Fee Paid $100.00 Geographical Code 3017 Pursuant to the authority granted by the organization named below, the undersigned hereby applies for the above designated license(s) for the location also described below. ORGANIZATION: VIVA LA VIDA SANTAANA LOCATION ADDRESS: FLOWER ST & CIVIC CENTER DR SANTA ANA, CA 92701 TYPE OF EVENT: FESTIVAL HR/DATES DURING WHICH September 14, 2019 - September 15, 2019 ALCOHOL WILL BE SOLD: 12:00 NOON - 10:00 PM ESTIMATED ATTENDANCE: 15000 This license is conditioned (see attached). AUTHORIZED REPRESENTATIVE IADDRESS JESSICAARAMBULA 222 E POMONA S I' SANTAANA CA 92707 LICENSE: The above -named organization is hereby licensed, pursuant to Section 24045.1 of the Business and Professions Code and Rule 59.5 of the California Code of Regulations, to engage in the temporary sale of alcoholic beverages for consumption at the above -named location for the period authorized below.This license does not include off -sale ("to -go") privileges. This license may be revoked summarily by the Department if, in the opinion of the Department and/or the local law enforcement agency, it is necessary to protect the safety, welfare, health, peace, and morals of the people of the State. 09 R Good for2 day(s). Date Issued September 11, 2019. Director of Alcoholic everage Control BY—� "➢t Lnmps a�i++rr``ies�,lt�'' 35:: .PL '_s '.'}4 ty � Nws- imm" ♦ il BEFORE THE DEPARTMENT OF ALCOHOLIC BEVERAGE Ci?tiTROL OF THE STATE OF CALIFORNIA In the Matter of the Application of: E'it'a La t'ida Santa Ana File: it Flower St. Between Civic Center Dr and Santa Ana Blvd, Santa Ana, CA 92701 PETITION FOR Specific Location: (Between Civic Center Dr and COLICENS,E 1[ Santa Ana Blvd.) LICENSE For issuance or *Special Daily General License* Cinder the Alcoholic Beverage Control Act PETITION FOR CONDITIONAL LICENSE WI I I--'REAS, petitioners have Died an application for the i ynancc of thy aboyc-rci rred to Iicell c. fill - the abov4 mentioned premises; and. WI IEREAS, issuance of a licco ,e without the below described conditions would be contrary to public welfare and morals, NOW. TIi I RF'FORL. the undersigned petitioners) dodoes hereby petition fur a conditional licen-se as follows, lo-wit: (Il. Alcoholic beverages may be sold, served ar cpnsulned, only within file barricaded area as indicated oil the attached diagram_ In addition, no additional dispensing points shall be permitted. persons may not take alcoholic beverages front the designated area. ct'_. Applicant shall prowidc security personnel to monitor all alcoholic bcventgc dispelsing points and activity in and about the area noted in condition tI. Said security per.otu must ikear distinctive unifucmreso as to readily identity them as security personnel and shall be present in the area where consumption ofaicoholic beverages is taking place at all times that the license privilege; are being* exercised. 01, The security persons will prevent people from carrying alcoholic beverages out4lde the designated area as noted in condition " E RECEIVED +mals SEP 112019 M . 1.. s- .A' 1 71 i t- Viva La Vida Santa Ana Pa_�C 04. Sale& service and consumption of alcoholic beverage shall occur only during the hours 12:00 noon to 10:04 pm on September 14 -15. 2019. 05. No more than two (2) alcoholic 6eeera, s may be purchased by time one (1) person at anv (one) I time. Ob- The petitioner shall sell alcoholic beverages only to persons who have obtained a no removable bracelet. wristband or stamp identiftrout the individual av being 21 years Wage or older. Reliance solely on said bracelet or wristband ;will not relieve any person of responsibility should it be determined that the purrltaser and/or consunur is under 21 years of age. PETITIONER aekno;c9edges that failure to comply with the (orc_oing conditions shall be grounds liar tine sunuzlary revocation of the conditional one -day permit(s). PETITIONER stipulates that the Department of Alcoholic Bevcrage Control and+br the Santa Ana Police Department may sutttnnarily revoke the conditional one day pennit(s) should the [)cpartn=ent. in its discretion, detenttine that the public welfare and morels are being impaired and.'or a law enforcement problem is bein_, created: and that upon notice of such revocation, petitioner shall immediately surrender the one day pennit to the Depannicul and cease alI saizs and ur, ieeof alcoholic beve ages at the event for which the one duy pennit was issued. PETITIONER agrees to retain a copy orthe petition or) the premises at all tines and will he Prepared to produce it inuiediately upon the request of any peace officer. Date Ot 4ppiletp inoner L'a•IflfAf fr F,� nreaxaucazvrxasxvaasar V State of California Department of Alcoholic Beverage Control RECEIPT FOR PAYMENT Paid For: VIVA LA VIDA SANTA ANA Received: September 11, 2019 Received at: SANTAANA DISTRICT Office Receipt No: 2596499 Total Amount: $100.00 Payment Method ID# Amount Paid By CERTIFIED CHECK 0955307178 $100.00 BORDER X BREWING LLC Accounting Comment: BANK OF AMERICA Detail Transaction Job # Dup Unit Cost Quantity Amount Paid 34 - COL D 9576078 2 2 $100.00 BY: _ ABC 42 (01101) Page 1 of 1 A`ORO® CERTIFICATE OF LIABILITY INSURANCE DATE (MM; AE(MM; Dts�) 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 Champion Risk & Insurance Services, L.P. 12250 El Camino Real, Ste 375 San Diego CA 92130 MCONT CT PHONE 1FX,;774573-i770 p: 714505-7000 AppgESS mrtsonly@championrisk.net INSURERS AFFORDING COVERAGE NAIC4 INSURER A: Hanover American Insurance Co INSURED BORDE-1 Border X Brewing INSURER B : Allmedca Financial Martin Favela INSURERC: INSURER e 2181 Logan Ave San Diego CA 92113 INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: 924521095 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. MSSR ttPE OF PiSURl1NCE A INSO UBR MO POLICY NUMBER POLICY EPF (MMMDNYYIO POLICY EXP iMMOVYIr")LIMITS A X I COMMERCIALGENERALLIABILITY Y ZZ3D55951101 4/17IM19 4/17/2020 EACHOCCURRENCE $1.000.000_ DAMAGE TO aocNw m„e $100.000 CLAIMSI,IADE X OCCUR MED EXP (Any one emn) 510,000 PERSONAL &AOV INJURY S1.000,000 AGGREGATE LIMIT APPLIES PER: POLICY ❑ JECOT LOC GENERALAGGREGATE S2.000.000 GENT X PRODUCTS -COMPIOP AGG $2.000,000 Uwx L.blilty S1,000,000 OTHER: B AUTOMOSILELIABILT' AW3D55951001 4/174019 4/17/2020 MINED SINGL LIMIT Gdenl 511000,000 X ANY AUTO BODILY INJURY (Par parson) S I OYMED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident) S X HIRED X NON-OMED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE 'Cenl S S UNIBRELLALU,B OCCUR EACHOCCURRENCE s AGGREGATE S EXCESS LIAR CLAIMS -MADE DIED I I RETENTION S 5 INORKERSCOMPENSATION ANDEMPLOVERS'LUIBILITY YIN ANYPROPRIETOAIPARTNERIEXECUTIVE OFRCERRAEMSEREXCLUDED7 � NIA I P ORH- ETA TE EE E.L ACC EACH [DENT S E.L. DISEASE -SA EMPLOYEE S (Mandatory in NH) Byyees, desvlbe and E.L. DISEASE - POLICY LIMIT S DESCRIPTION CF OPERATIONS below A CyW Uadffiy ZZ31355951101 4117/2019 4/17/2020 Per A99ragate 50,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, A4diUena/Remade SCh".1R. may W atdchad If mon space is MWRNII Certificate holder Is listed as an additional insured per the General Liability Provisions. Coverage is primary and noncontdbutory. City of Santa Ana, Risk Management, it's officers, employees, agents, representatives, and volunteers as additional inured. REVIEWED & APPROVED By RISK MANAGEMENT DIVISION 30 days CERTIFICATE HOLDER '- IJ ANCELLATION City of Santa Ana FR'ANCINER.VILLAREAI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Risk Management Division THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 Civic Center Plaza, 4th floor ACCORDANCE WITH THE POLICY PROVISIONS. Santa Ana CA 92702 AUTHORIZED REPRESENTATIVE 01966-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD ZZ3 D559511 011001547 POLICY NUMBER: ZZ3 D559511 01 COMMERCIAL GENERAL LIABILITY CG 20 10 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. • _•-SCHEDULED PERSON OR ORGANIZATIOV This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations EtY o= Sa xa Tsa, Ris: waaa?tesrt. ?_ s a__i._s. >rp}oy_�s, z _r. NA Information required to comialete this Schedule, if not shown above, will be shown in the Declarations. A. Section 11 — Who Is An Insured is amended to include as an additional insured the person(s) or organizations) 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: 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 insurad(s) at the location(s) designated above. 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 additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after. 1_ 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 2. 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. CG 2010 0413 0 insurance Services Office, Inc., 2012 Page 1 of 2 ZZ3 D559511 01 1001547 C. 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. Page 2 of 2 C Insurance Services Office, Inc., 2012 CG 20 10 0413