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HomeMy WebLinkAboutSO CAL RIDES, LLCINSURANCE NOT ON FILE A-2020-036 WORK MAY NOT PROCEED CLERK OF COUNCIL DATE' AGREEMENT BETWEEN THE CITY OF SANTA ANA AND O'.pPC$pk,15AViu [UaVAS ds SOCAL-RIDES,LLC. THIS AGREEMENT is hereby made and entered into this 3rd day of March, 2020, by and 3 between the City of Santa Ana, a charter city and municipal corporation organized and existing " under the Constitution and laws of the State of California ("City"), and SoCal-Rides, LLC a California Limited Liability Company ("Consultant"). N v RECITALS A. The City issued Request for Proposal ("RFP") 19-1 l3 on November 7, 2019 for various services for City events. City's RFP is incorporated herein by reference as though fully set forth below. B. Consultant submitted a proposal in response to RFP 19-113 and has been selected for award of the contract for carnival services B. 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 firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terns and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Consultant shall provide carnival services for City events when requested by City as outlined in more detail in the scope of services from City's RFP attached as Exhibit "A" and the portion of Consultant's proposal outlining the manner in which it will provide services attached as Exhibit "B" All Exhibits are incorporated by reference as though completely set forth herein. The specific services (i.e. amount and type of rides/games) to be provided to City for that event will be confirmed in writing by the parties prior to the event. 2. COMPENSATION The parties agree that Consultant will pay to City thirty percent (30%) of gross ticket sales for pre -sale and advance sale tickets for all City event(s) and twenty-five percent (25%) of gross ticket sales from the day(s) of the event. Consultant will provide an accounting to City of gross ticket sales for each event including advance or pre -sale tickets where applicable and provide payment by check or ACH within thirty (30) days after each event concludes. 3. TERM The term of this Agreement shall commence on the date written above and terminate on March 2, 2023, unless terminated earlier in accordance with Section 13, below. Pagel of 8 #21732v1 d. 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 venhue 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 its 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, 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 Consultant's negligent operations in the performance of this Agreement, including, without limitation, acts involving vehicles. This insurance policy shall not have an exclusion for sexual molestation. 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 not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insured 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 California State law, 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: 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. Page 2 of 8 #21932v1 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 in form by the City, (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. (iv) Consultant shall supply City with 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 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 fi•om 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 harniless, 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, 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. Page 3 of 8 #21732v1 7. RECORDS Consultant shall keep records and invoices in connection with the work to be performed tinder 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. 8. CONFIDENTIALITY If Consultant received 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 shalt 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 and disclosed 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. 9. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. 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, sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: Page 4 of 8 #21732v1 To City: City of Santa Ana City Cleric (M-30) 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 With copy to: Executive Director of Parks, Recreation and Community Services City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, California 92702 Fax (714) 571-4211 And: City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax (714)647-6515 To Consultant: Mr. Chris Guadagno, Managing Member SoCal-Rides, LLC. 10511 Genoa Street Huntington Beach, California Fax (714) 379-5191 Finail: cguadalnro@socalrides.corn 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 facsimile, 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. 11, EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant 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 and will serve to fully supersede existing Agreement. 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 instnunent that are inconsistent with, or in addition to, that terms or conditions hereof, shall not bind or obligate Consultant nor Page 5 of 8 #21732vl 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 parties, which are not embodied herein. 12. 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 lhnit the City's ability to have any of the services that are the subject to this Agreement performed by City personnel or by other Consultants retained by City. 13. TERMINATION Except as otherwise specified herein, this Agreement may be terminated by the City with thirty (30) days written notice of termination to the Consultant. a. As a condition of such payment, the City may require Consultant to deliver to the City the entire work product 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 that fails to meet the standard of performance specified in the Recitals of this Agreement. 14. BACKGROUND CHECK REQUIREMENTS Consultant shall not assign any employee, agent, subcontractors or volunteer to provide services pursuant to this Agreement, if that employee, agent, subcontractors or volunteer is required to register as a sex offender under California Penal Code Section 290 et seq, has a conviction for any crime of moral turpitude, has a conviction for a violent felony as defined in California Penal Code Section 667.5(c), or has a conviction for a serious felony as defined in California Penal Code Section 1192.7(c). Disqualifying convictions include but are not limited to, violations of California Penal Code Sections 37, 128, 136.1 with Section 186.22, 187, 190- 190.4 and 192(a), 205, 206, 207-209.5, 211, 212, 212.5, 213, 214, 21.5, 218-219, 220, 236.1(b) or 236.1(c), 243.4, 261, 261.5, 273.5, 262, 264.1, 266, 266c, 266h, 266i, 266j, 267, 269, 272, 273a, 273ab, 273d, 285, 286, 288, 288a, 288.2, 288.3, 288.4, 288.5, 288.7, 289, 290, 311.1, 311.2, 311.3, 311.4, 311.10, 311.11, 314, 347(a), 368, 417(b), 451(a),518 with 186.22, 647.6, 65311(c), 664 and 187, 667.5(c), 18745, 18750, or 18755, 12022.53, 11418(b)(1) or (b)(2); Business and Prgfessions Code Section 729. Failure to comply with this Section shall be grounds for immediate termination ofthis Agreement. Page 6 or 8 1#21732vl IS. NON-DISCRIMINATION Provider shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement, Provider affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 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 tern 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 Sates, the State of California, the City of Santa Ana and all other governmental agencies including but not limited to permits from the California Department of Industrial Relations for the operation of carnival rides. 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 tenmination 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 terns 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. Page 7 of 8 #217J2v1 1N WI MESS WHEREO�, year first ably written. ATTEST: of the APPROVED A TO FORM: SOMA R. CAR ALHO City Attorney By: LAURA AJROSSiNI Senior Assistant City Attorney Gxeetmve Director of parks, Recreation and Community Services A i i I i I .421733vi allies hcrct�t have executed this Agreement the i Page 8 of 8 CITY OF SANTA ANA City Manager $OCAL-RIDES, LLC. t jY:-lS46S'rjuacTagno Managing Member and EXHIBIT A SCOPE OF SERVICES r Appendix ATTACHMENT 1-H SCOPE OF WORK SERVICE: CARNIVAL, OPERATOR The City of Santa Ana is interested in a carnival operator to provide mechanical rides and game booth services for the 2020 Fiestas Patrias Festival on September 1243, 2020 in Santa Aria and other related events, as needed. Below is a sample listing from previous events. Major Rides o FerrisWheel- Required • Tilt Whirl • Sizzler o Gravitron o Round Up Kiddie Rides o Dinos • House o _Fun Glass House o Super Slide o Berries o Lady Bugs o Wind Jammer o Superslide Game Booths (4) Ticket Booths (2) Food Trailer (1) _ optional Office Trailer (l) Proposals by qualified vendors will include a large scale carnival to occupy a 54' x 52l' space which must include a ferris wheel, major mechanical rides, kiddie mechanical rides, ticket booths, office trailer, staffing, carnival management/oversight, overnight security and cleaning service during and after the carnival (post event cleaning service to include power washing services). The proposal must include a 25% return to the City of gross generated revenue after the event, Vendor would be responsible to cover the cost of their own insurance coverage, sales tax, delivery/storage/transportation of equipment and parking* as well as all other required permits which may include Business Tax, Building and Planning, OC Fire, and OC Heath. It is the responsibility of the selected vendor to work directly with these corresponding departments and agencies to ensure all safety regulations are met, necessary inspections are conducted and permits are issued, *Vendor rnust cover parkingfor employees, subcontractors, and equipment vehicles before and after the event. The City will only cover parking far employees and ,subcontractors during Friday setup (9/I 1120) and the event dates (9/12- 9/13/20). City of Santa Ana RFP 19-113 .-..� Page 18 EXHIBIT B PORTIONS OF CONSULTANT'S PROPOSAL Manner For a. Manlier For Performing Servic:es: SCR understands exactly what is expected from us to perform the work that needs to be done more so then any other company due to the fact that SCR and its staff have been the selected carnival for the last two years. SCR knows what time lines it will be under to get onto the street and Off of the street in a safely manner. SCR also understands what is involved and what will be expected from us to remove all said equipment. Ex. (remove equipment and clean up) SCR also is aware of what is expected from the different departments, such as city — permits, fire, building and safety etc. SCR in order to set up in a timely manner would like to park all said equipment playing the event on Monday September the 71P1,2020. SCR is willing to pay its share of parking fees if need be. SCR would like to start assembling the equipment on Thursday September 10,h 2020 at 11;00am. SCR will be willing to leave access for vehicles exiting existing buildings until Friday at such time city designates to do a full street closer. SCR would ask that if awarded such contract a meeting would be set up with all departments involved so that everyone is in agreement and understands all that is involved in setting up and removing a carnival in a timely and SAFE manner and what is expected from all departments and what is expected from 5CR1 This Financial Agreement is to be made between So Cal Bides, LLC (hereinafter "SCR" and the Client listed as follows: City Of Santa Ana Parks, Recreation and Community Services Agency hereinafter "Client). SCR and Client are both collectively referred to herein as "parties". �carra�a��?�ati_cs ri, Client will receive 25% of the grass on site sales from rides, received during the celebration. At the completion of the celebration, on the closing night, all monies will be determined and accounted for by SCR and Client. The sales proceeds will be distributed that evening, which will include part in cash or a check which ever Client and SCR determine. Presale tar A,dvanee Sate If Client desires to do Advance sales SCR is willing to give a higher percentage. Client is to receive 30% from all advance money sales and 25% of all ground sale money. 5p�cial_Psaqrgt na ss* SCR is willing to have our marketing Department work closely with the Client and monitor all advance sales if so desired. SCR is also willing to have our marketing department work closely in setting up special promotions for said event if desired. ACOROP CERTIFICATE OF LIABILITY INSURANCE DATE(MMn10YYY11 02/24/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED 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. H SUBROGATION IS WANED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER Specialty Insurance, LTD. P.O. Box 16901 West Haven, CT 06516 http://speciafyinsurancefd.com CONTACT NAME: Thomas Plouffe / Michael Plouffe PHONE 203-931-7095 Hp; 203-931-0682 ADDRESS: certificates@specialtyinsuranceltd.com INSUFtER(SI AFFORDING COVERAGE HAIC1 waURERA: Certain Underwriters @Lio ds of London 15792 INSURED Christopher Gaudagno dba SO CAL Rides 15011 Genoa Circle Huntington,CA 92647 INSURERB: Scottsdale Insurance Company 41297 INSURER C: Crum & Forster 31348 INSURER D: INSURERS: _ INSURER F : COVERAGES CERTIFICATE NUMBER: 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. INSR LTR TYPE OF INSURANCEADDLSUSR PODCYNUMBER POLICY EFF MMIW POLICY ExP Lmn A X COMMERCIALGENERALLIABILRY CLAIMS -MADE OCCUR x CC/18-0177 3/15/19 / L/ 3/15/20 ✓ EACH OCCURRENCE S 1,000,000 PREMISES Ea=unenca S 300,000 MED EXP (An oae ) $ 5,000 PERSONAL &ADV INJURY $ 1,000,000 GEN. AGGREGATE LIMIT APPLES PER POLICY E] JET �x LOC GENERAL AGGREGATE $ 3,000,000 PRODUCTS-COMP/OP AGG $ 3,000,000 S OTHER: AUTOMOBREUMBILRY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY(Pw;Nnwo) $ ANY AUTO OPINED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY BODILY INJURY tPar accMMA) S PROPERTY DAMAGE nt $ S A uMBRELULAe X occuR X CFJ18 0126 3/15/19 3/15/20 EACH OCCURRENCE s 1,000,000 X AGGREGATE S 1,DOO,000 EXCESS LIAR CLAIMS41ADE DED RETENTION S $ WORKERS COMPENSATION ANDEMPLOYERS'LNBILITY YIN ANYPROPRIETOR/PARTNEWEXECU'rIVE OFFICEWMEMBEREXCLUDED? (Mandatory In NH) N yes tlac Wraker DESCRIPTION OF OPERATIONS baksY NIA I STATUTEPER ER E.L. EACH ACCIDENT $ E.L DISEASE - EA EMPLOYEE S E.L. DISEASE -POLICY LIMIT $ B Excess Coverage X XLS0109340 3/15/19 3/15/20 1 million occ - $1 million agg C Excess Coverage 2019-SE-6910403 3/15/19 3/15/20 2 million occ - $2 million agg DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD IN, AddMomd Remarks Schedule, may In aaaclwd If more space B tW Word) City of Santa Ana, Risk Management, it's officers, employees, agents, representatives, and volunteers are added as an additional insured per the attached endorsement CC-GL-BLAI (01 /17) as respects Santa Ana Street Festival, located at Comer of Flower and Civic Center Dr., Santa Ana, CA 92702 from Sept. 7 -16, 2020 (inclued set up and tear down). WOS & PNC are endorsed onto this policy per form CC — BL WOS PNC 05 17. 'UPON THE RENEWAL DATE ANEW CERTIFICATE WILL BE I,SUED WITH NEW POLICY NUMBERS AND POLICY DATES" 30 DAYS NOTICE OF CANCELLATION • City of Santa Ana IWIEMD & A %1W'kNY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE y RISk MAIVACGEM T LrYi^4ftSIP&RATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Risk Management Division ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Dr., 4th Floor MAR 11120 Santa Ana, CA 92702 �Un1ORUEDREPRESENTATAT ANGIE ACE d0 Thomas Plouffe U l ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2018/03) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CC-GL-BLAI (01/17) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - MANAGERS, LANDLORDS, SPONSORS OR LESSORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART In consideration of the premium charged for the Policy, it is hereby understood and agreed that with respect to General Liability coverage only: SECTION II — WHO IS AN INSURED is amended by the addition of the following: Any landlord, owner, lessor, or property manager of the Designated Premises; or any tradeshow or convention sponsor or host for which the insured occupies a Designated Premises; or any lessor of equipment used at a Designated Premises; or designated person or organization with an interest in the Designated Premises; or any government agency that issues permits for operations of the Named Insured. However, coverage provided for purposes of this endorsement, shall apply solely for Suits arising out the Named Insured's occupancy of, or failure to maintain the Designated Premises, but solely with respect to the products, goods or operations of the Named Insured and only if liability is determined to be solely the negligence or responsibility of the Named Insured. Furthermore, this insurance shall not apply to any Occurrence which takes place after the Named Insured ceases to occupy a Designated Premises. 2. SECTION V — DEFINITIONS is amended by the addition of the following: 23. "Designated Premises" means all premises leased or rented to the Named Insured, or premises temporarily occupied by the Named Insured with permission of the owner. All other terms and conditions of this Policy remain unchanged. REVIEWED APPROVED By Risk MAN EMENT DNIsiON M 2020 ------------- ANGiE ACEVEdo COMMERICAL GENERAL LIABILITY CC — BL WOS PNC 05 17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF SUBROGATION & PRIMARY NON-CONTRIBUTORY WORDING This endorsement modifies insurance provided under the following: COMMERICAL GENERAL LIABILITY A. As respects any additional insured under this policy, the following applies: It is hereby understood and agreed that insurance provided to any additional insured under policy shall be primary to and non — contributory with any valid and collectable insurance available to the additional insured, but only to the extent that a written contract between the Named Insured and additional insured specifically so requires, and to the extent permitted by law. Otherwise, this insurance will apply in excess of, and not contribute with, such other insurance. B. As respects Form CG 0001 1207, SECTION IV, item 8 is amended to include the following: We waive any right of recovery we may have against any additional insured under this policy, because of payments we make for bodily injury" or "property damage" caused by operations performed by, or on behalf of, the Named Insured and additional insured specifically so requires. C. For coverage to apply under A and B above, any written contract with an additional insured must be: 1. Currently in effect or becoming effective during the policy period; and 2. Executed prior to the "bodily injury" or "property damage" Alternatively, the written contract may be executed after the `bodily injury" or "property damage" but only if: 1. The terms and conditions of the written contract or written agreement had been agreedupon prior to the bodily injury' or "property damage"; and 2. The Named Insured can definitively establish that the terms and conditions of the written contract or written agreement ultimately executed are the same as those which have been agreed upon prior to the `bodily injury" or "property damage"; and 3. The most we will pay is the amount of insurance required by the written contract or agreement or our limit of liability, whichever is less. All other terms and conditions of this policy remain unchanged. BY & APPROVED y Risk MANAgFMEW DjWsiolr CC - BLAI WOS PNC 05 17 U 9 1020 ANCIiE ACEVEdO Policy Number: Date Entered: 2/24/2020 CERTIFICATE OF LIABILITY INSURANCE zTEt4�GG o' 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(ias) 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 aueh endorsemente . PRODUCER Werra Insurance 12842 Valley View Street COMACT NAME: JACK V78RRE = NE Ne re,(714)898-2300(719)898-2320 jackwerreewerreinsurnnce. corn 9uita 101 Darden Grove, CA 92845 NSUflER S AFFOIIONO COVERAGE NNC r INSURER A: progressive INSURED SO CAL RIDES, LLC INSURER e: state Compensation Insurance Pund INSURER C : nNSUER o: 15011 GM40A CIRCLE HONJTINGTON BEACH, CA 92647 INSIIXER E: INSURER F: CnUPPAGFS CFOTIFICATC N11LlRF111• GCUICIAM FJtfunco• 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. NYii TYPE OF INSURANCE AWL SUBS POUCYNUMBER POl1CY EFF WDDYE%P NITS COMMERCIAL GENERAL LIABILITY CLAIMS.AIADE ❑ OCCUR EACH OCCURRENCE $ p t R S MD EXP M dM efen S PERSONAL A AOV NAMRY S Gem AGGREGATE UpMMpIrr. APPLES PER POLICY Pena LOCT GENERAL AGGREGATE $ PRODUCTS-COMPIOPAGG S f OTHER: AUTOMOBILE tWIL1TY L LIMITS1,000,000 A ANYAUTO X 2253BS6Y non 0]o /20/2021 BODILY IAURY(Par pamay) f OWNED SCHEDULED AUTOS ONLY AUTO$ / / BODILY NJUflV (Pal ettlWm) f HIRED NONOWNEO AUTOS ONLY AUTOS ONLY PROPERTY DA Per f S trig LA UAS EACHOCCURRENCE S AGMEGATE f EXCESS UAB CLAEdS-MADE DEC RETENTION S S B WORKERS COMPENSATION AND EMPLOYERS' LIABILITYIN ANY PROPRIETOR'PARTNEWEKECUTNE Y— WWWOWY In NN)E%ClUOEOT ❑ (MYkAIoryN NNI NIA 801363989 /L/]0]0 ✓/ /1/3011 ✓/ K A E.LEACHACCIDENT S1, COD, 000 E.L DISEASE. EA EMPLOYEE S110001000 B yyntl wOatN urWer DEBCRIPTIONOFOPERATICNSe LIMIT1,000,000 E.L DISEASE - POLICY LT f OESCPWTgN OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, AIEXbrW AmnMYF Scl a lula. may se ea.elaa It mon tpaca Is rpfull d) City of Santa Ana, Rlfk Management, Sy -a officers, employees, agents, representatives, and voluateers are lamed an Additional Iasusad ,/ ✓// 30 Days Notice of Caacellation City of Banta Ana REVIEWED & A MNY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Risk Management Division QQ,,�E� r�,�RC,y'�a_al"''IRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN a+J Risk MANAC)EME T ®dDWCANCE WITH THE POLICY PROVISIONS. 20 Civic Caster plaza, 4th Floor Banta Ana, CA 92702 MAR 9 L �1 �ISNORQED REPIIESEMATNE Lll EVE O a 01989-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Produced using Forms Boss Plus software. wmY.FormsBoss.com; Impressive Publishing, LLC 8C0.208-19T7 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE warns of Additional Insured Form(*) or Organindon(a) Addidonei Insured;: (i ALL PERSONS OR ORGANIZATIONS AS AS DESIGNATED IN WRITTEN REQUIRED BY WRITTEN CONTRACT CONTRACT WITH THE NAMED WITH THE NAMED INSURED INSURED A. SECTION it —WHO IS AN INSURED is amended to Include as an additional insured the pemon(s) or organizetion(s) shown in the Schedule 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(s) at the location(s) designated above. A person's or organization's status as an additional Insured under this endorsement ends when your operatons 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: Additional Insured Contractual Liability "Bodily Injury" or 'property damage' for which the "additional insured(s)" are obligated to pay damages by reason of the assumption of liability in a contract or agreement. Finished Operations at Work '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. U156P_M7 Includes copyrighted material of ISO Properties, I JEVIEWED & APPROVED with its permission. V Risk MANAGEMENT DivisioN MA 2020 ANgiE ACEVEdo Negligence of Additional Insured "Bodily injury' or "property damage" directly caused by or resulting from the negligence of the 'additional insured(s)'. C. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. Other Insurance is amended and the following added: The Insurance afforded by this Coverage Part for the 'additional insured" shown in the Schedule Is primary insurance and we will not seek contribution from any other insurance available to that 'additional Insured". ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. REVIEWED & APPROVED BV Risk MANAGEMENT DIVISION r6 2020 ANgiE ACEVEdo UI56P-0807 Includes copyrighted material of ISO Properties, Inc., Page 2 of 2 with its permission. So Cal Rides LLC PO Box 10279 Westminster CA, 92685 11 Fm 4110 �Brinr� np To Whom It May Concern, So Cal Rides, Chris Guadagno, is not a licensed professional nor will So Cal Rides hire a licensed professional. So Cal rides does not meet the professional liability (errors and omissions) requirement. Thank you, / J 2/28/2020 Chris Guadagno Managing Member So Cal Rides LLC REVIEWED & APPROVED By Risk MANAGEMENT DMSION YIA2020 ANNgiE AcEvEdO