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HomeMy WebLinkAboutULTIMATE ENTERTAINMENT, LLC dba MEGA OUTDOOR ENTERTAINMENTINSURANCE NOT ON FILE WORK MAY NOT PROCEED 2Q22 CLERK OF COUNCIL JUN 0 DATE: N-2022-158 0: PQCSA (1) AGREEMENT WITH ULTIMATE ENTERTAINMENT, LLC, DBA MEGA OUTDOOR (Soron W&(Z5 ENTERTAINMENT TO PROVIDE OUTDOOR MOVIE SERVICES THIS AGREEMENT is made and entered into this 3lst day of May 2022, by and between Ultimate Entertainment, LLC, a California company doing business as Mega Outdoor Entertainment ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a contractor to provide equipment and services at various City parks for the City's outdoor movie programming. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES a. Contractor shall, during the term of this Agreement, provide the equipment and services as further described and set forth in Exhibit A, attached hereto and incorporated in full. b. City grants Contractor the right to enter its property for the purpose of delivery, set- up, operation, and pick-up on the days of the scheduled events. C. The equipment shall be disassembled and removed by Contractor at the conclusion of each event. d. The City reserves the right to administratively change event locations and dates upon mutual written agreement between the parties. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rates 'and charges identified in Exhibit A. The total amount to be expended under this Agreement shall not exceed Forty -Nine thousand Four Hundred Sixty -Three Dollars and Zero Cents ($49,463.00). Page I of 9 b. Payment of deposit of half of invoiced amount, Twenty -Four Thousand Seven Hundred Thirty -One Dollars and Fifty Cents ($24,731.50), shall be processed upon execution of Agreement and receipt of invoice by City. c. Remaining balance of Twenty -Four Thousand Seven Hundred Thirty -One Dollars and Fifty Cents ($24,731.50) shall be paid prior to August 31, 2022. d. Payment need not be made for work that fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. 3. TERM This Agreement shall commence on June 1, 2022 and terminate on December 31, 2022, unless terminated earlier in accordance with Section 17, below. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor 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. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical Page 2 of 9 drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data that were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below for the duration of this Agreement: a. Minimum Scope and Limit of Insurance 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CO 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non -owned autos (Code 9), with a limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Broader Coverage: if the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. b. Other Insurance Provisions 1. Additional Insured Status: The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including Page 3 of 9 materials, parts, or equipment furnished in connectionwith such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 1185 or if notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 2037 if a later edition is used). 2. Primary Coverage: For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. 4. Waiver of Subrogation: Contractor hereby grants to City a waiver of any right to subrogation that any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. 5. Self -Insured Retentions: Self -insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention, The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. 6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. 7. Verification of Coverage: Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing alipolicy endorsements to City before work begins. However, failure to obtain the required Page 4 of 9 documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 8. Subcontractors: Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. 9. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of therisk, prior experience, insurer, coverage, or other special circumstances. 8. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor or its subcontractors, agents, employees, or other persons acting on their 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 terns 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 Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor'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 of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor represents and warrants that it has obtained the requisite licenses to show the films contemplated by this Agreement. Contractor further agrees to defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, Page 5 of 9 trademark, or copyright contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor 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 Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor 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. Contractor 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 Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Contractor 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. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: Page 6 of 9 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 Executive Director Parks, Recreation, and Community Services Agency City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, CA 92702 To Contractor: Ultimate Entertainment, LLC, dba Mega Outdoor Entertainment Attn: Steve Nero, President 12104 Park Street Cerritos, CA 90703 ideal(dmeaaoutdoorentertainment.com 866-275-9197 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 timeframes, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor 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 Contractor. 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 Contractor 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, 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Page 7 of 9 Contractor 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 that are the subject to this Agreement performed by City personnel or by other contractors retained by City. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy, No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all 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 Contractor 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. 18. NON-DISCRIMINATION Contractor 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. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 19, 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 Page 8 of 9 N-2022-158 arise out of, in connection with or by reason of this Agreement. 20. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor 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. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: � � - (1 1. Daisy Gomez Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: andon Salvatierra Deputy City Attorney FOR APPROVAL .2" Reven Mendoza (Jun 6, 2022 oe:zs POT) CITY OF SANTA ANA Kristine Ridge City Manager ULTIMATE ENTERTAINMENT, LLC DBA MEGA OUTDOOR ENTERTAIN NT Steve Nero President Executive Director Parks, Recreation, and Community Services Agency Page 9 of 9 EXHIBIT A Mega Outdoor Entertainment 12104 Park Street Quote Cerritos, CA 90703 Ideal Gandarilla Direct:424-360-1153 Office Number: 310-873-3248 E-mail: ldeal@megaoutdoorentertainment.com Bill To: City of Santa Ana Quote Date: May 11, 2022 c/o Sonia Batres Recreation and Community Events Supervisor 20 Civic Center Plaza Santa Ana, CA 92701 oat&, Type Description Park Nagne Tgtpl Due, 6i$0,�2 he a Screen 32" 1rlf to cCe. tripes hCf al k ,F95 00 Tree'Ltght $ 495.00 Generator $ -495.06 PhototBooth 6 22 Bo cofflkso 404t4 een WIN Park $2,409 00 " Tree Light $ 495.00 V Photo Root,h $ 299.00 P z 92A a I3plr ¢ o . 11 bleSave& 'Thor tonP41k " 40 .00 Tree Ughf 495.00' Photo Boob $ ` 299.00 11 . tie Shiasb 40' Inflatable Screen lawn Park 403. 0 _. Tree Light $ 495.00 atte€ br S OXO P oto Booth $ 299;00 e.Sagasawn iftlinflatablescreeri., ari ' ao_$w#.00 ee Light ' 499.06 titar Photo Booth $ 9'S.06 $ •2J9,,00 4,3/ Th�Saga Screeh �� 1r141atabl Sril'e . &Itttt rlt $1,'�86. Tree tight $ 495,00 G eraltor Dli Photo Booth $ 299,00 /20/2b22 klffic Srti r +fiOttttdpblesqW $1040s.00 r ree Ughfi " 495.00 r !eneratoe a 9 UP Photo Booth m $ 299.06 i Z zx B _c '#0 a lellen SI Salvador Frark $2,4 8. 0 Tree Light $ 495;730 eneratorPr 49 ; Photo'Booth . $' 299:00 l2 a5 40"lrl tal3te St4een 11 Salvador hark Tree Light 49a:00 Photo Booth $ 299.00 0 T#12 re ash 44rfnfia McScteen Park � ,Ali9, " Tree Light 495.00 osoer0 N' $ Photo Bodth $ 299A0 0 / 2C SassS k tf $ nfla ahle5creert M _..i n i i �. „ ree Llot „ 455.00 * Photo Booth $ 299 00 4 2022; She Saga Scr�etrp flata�b S en„ tq , lkii 1,6=08 'Tree,LTeht $ 495:00 S� � �artanatar � Photo Booth $ '299.00 $ 2022 gna Scroo 5 fl able' a tNett t3Yi ark„ 3 99c 0 Tree Light gq nerator 1. $ 495.00 90, Photo Booth $ 299.00 r ,s a Reminder: Nease mcauoe the statement number on your check. Property Name City of Santa Ana Address 3000 W. Edinger Ave. City, State Zip Santa Ana, CA 92701 Event Date Various Time Various Package Summer Movies in the Park 2022 i Mega • r • • - �•o• America's LARGEST Outdoor Movie Company! Payment Due on Receipt. Payment must be on file in order for an Event Crew to be dispatched to your event. THANK YOU FOR YOUR BUSINESS! Ideal Gandarilla - Account Representative Summer Movies 2022 Contract Final Audit Report 2022-06-06 Created: 2022-06-06 By: Emerson Frankston (EFrankston@santa-ana.org) Status: Signed Transaction ID: CBJCHBCAABAAx86zgy-F9m3p86U8HiAOsBxOt5cPkHxu "Summer Movies 2022 Contract" History Document created by Emerson Frankston (EFrankston@santa-ana.org) 2022-06-06 - 3:19:07 PM GMT E', Document emailed to Steven Mendoza (smendoza@santa-ana.org) for signature 2022-06-06 - 3:19:33 PM GMT Email viewed by Steven Mendoza (smendoza@santa-ana.org) 2022-06-06 - 3:26:01 PM GMT h® Document e-signed by Steven Mendoza (smendoza@santa-ana.org) Signature Date: 2022-06-06 - 3:26:13 PM GMT - Time Source: server 0 Agreement completed. 2022-06-06 - 3:26:13 PM GMT Q Adobe Acrobat Sign DATE Ejhjubmmz!tjhofe! CERTIFICATE OF LIABILITY INSURANCE 6/7/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS cz!Bohjf! Bohjf! 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 Bdfwfep! 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. Ebuf;!3133/17/1:! If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on Bdfwfep this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 26;26;4:!.18(11( PRODUCER Contact Name:Todd Tyler Cossio Insurance Agency PhoneFax (864) 688-0121 (A/C, No, Ext):(A/C, No): PO Box 5987 Greenville, SC 29606 tammy@cossioinsurance.com E-Mail: (864) 688-0121 INSURER(S) AFFORDING COVERAGENAIC # Nationwide Mutual Insurance Company23787 INSURER A: INSURED Ultimate Entertainment LLC, Dba Ultimate Entertainment LLC, Dba Mega Outdoor Mega Outdoor MoviesMovies INSURER B:Berkley Life & Health Insurance Company64890 12104 Park Street Cerritos,CA90703 INSURER C: INSURER D: INSURER E: COVERAGESCERTIFICATE 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. INSRTYPE OF POLICYADDLSUBRPOLICY NUMBERPOLICY EFFPOLICY EXPLIMITS LTRINSRWVD (MM/DD/YY) (MM/DD/YY) General Agg (Other than Products-C$2,000,000$2,000,000 COMMERCIAL GENERAL LIABILITYCOMMERCIAL GENERAL LIABILITY X Each Occurrence$,000,000,000,000 CLAIMS MADEOCCUR X Products and Completed Operations $000,000 _______________________________ Personal and Advertising Injury$,000,000 FWC00000318231008/27/20218/27/20218/27/20228/27/2022Legal Liability to Participants$,000,000 A XX _______________________________ Professional Liability (for Event Plann$,000,000 GEN'L AGGREGATE LIMIT APPLIES PER Damages to Premises Rented to You$300,000 POLICYPROJECTLOC X Participant Accident - Excess Medica$10,000 OTHER: Deductible$0 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY $ (Ea accident) ANY AUTO $ BODILY INJURY (Per Person) ALL OWNEDSCHEDULED AUTOSAUTOS $ BODILY INJURY (Per accident) HIRED AUTOSNON-OWNED AUTOS PROPERTY DAMAGE $ (Per accident) OCCUR UMBRELLA LIAB CLAIMS-MADE EXCESS LIAB DEDRETENTION $ PEROTH- WORKERS COMPENSATION STATUTEER AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Total Benefit Maximum for all Accident M$25,000 Class 1 Principal Sum$25,000 Accident Medical PAI L0120107785028/27/20218/27/2022 Benefit Maximum$500,000 B Accident Medical Deductible$100 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Party Equipment Rentals Operations located at 737 S State College BLVD Unit 94 Fullerton, CA 92831. Certificate Holder is listed as additional insured per form CG2011 when required by written contract. The certificate holder is added as an additional insured, but only for liability caused, in whole or in part, by the acts or omissions of the named insured.required by written contract. The certificate holder is added as an additional insured, but only for liability caused, in whole or in part, by the acts or omissions of the named insured. Amusement devices on file with the company for special event(s) dated 6/8/2022 to 6/8/2022 located at 20 Civic Center Plaza, Santa Ana, CA 92701.Waiver of Subrogation included when required by written contract. CERTIFICATE HOLDER:CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORESHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City Of Santa Ana, Its Officers, Agents, And EmployeesCity Of Santa Ana, Its Officers, Agents, And Employees THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INTHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INTHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 Civic Center Plaza20 Civic Center Plaza ACCORDANCE WITH THE POLICY PROVISIONS.ACCORDANCE WITH THE POLICY PROVISIONS. Santa Ana, CA 92702Santa Ana, CA 92702 AUTHORIZED REPRESENTATIVEAUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 11 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED Î MANAGERS OR ADDITIONAL INSURED Î MANAGERS OR LESSORS OF PREMISES LESSORS OF PREMISES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designation Of Premises (Part Leased To You): Name Of Person(s) Or Organization(s) (Additional Insured): City Of Santa Ana, Its Officers, Agents, And Employees 20 Civic Center Plaza Santa Ana, CA 92702 Additional Premium: $ Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A.Section II Î Who Is An Insured is amended to 2. If coverage provided to the additional insured include as an additional insured the person(s) oris required by a contract or agreement, the organization(s) shown in the Schedule, but onlyinsurance afforded to such additional insured with respect to liability arising out of thewill not be broader than that which you are ownership, maintenance or use of that part of therequired by the contract or agreement to premises leased to you and shown in theprovide for such additional insured. Schedule and subject to the following additional B.With respect to the insurance afforded to these exclusions: additional insureds, the following is added to This insurance does not apply to:Section III Î Limits Of Insurance: 1. Any "occurrence" which takes place after youIf coverage provided to the additional insured is cease to be a tenant in that premises.required by a contract or agreement, the most we will pay on behalf of the additional insured is the 2. Structural alterations, new construction or amount of insurance: demolition operations performed by or on behalf of the person(s) or organization(s)1. Required by the contract or agreement; or shown in the Schedule. 2. Available under the applicable Limits of However: Insurance shown in the Declarations; 1. The insurance afforded to such additionalwhichever is less. insured only applies to the extent permitted This endorsement shall not increase the by law; and applicable Limits of Insurance shown in the Declarations. CG 20 11 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER:COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERYWAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Information required to complete this Schedule, if not shown above, will be shown in the Declarations. of The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us Section IV – Conditions: the person or organization shown in the Schedule We waive any right of recovery we may have against damage arising out of your ongoing operations or above because of payments we make for injury or or organization and included in the "products- "your work" done under a contract with that person only to the person or organization shown in the completed operations hazard". This waiver applies Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 DATE (MM/DD/YYYY) BDPSE CERTIFICATE OF LIABILITY INSURANCE UN 06/03/2022 8 0 30 0313 1 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE !Cbjh!Jotvsbodf!Bhfodz!Qmvt HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR !29412!Qjpoffs!Cmwe/!Tuf/!C ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. !!Bsuftjb-!DB!.!:1812 Gbj{!Cbjh!.!673/514/2897 INSURERS AFFORDING COVERAGENAIC # UltimateEntertainmentllc INSURED Divcc!Obujpobm!Jotvsbodf!Dpnqboz!!!!!46284 INSURER A: Employers Preferred Insurance Co 10346 dbadbaMegaMegaOutdoorOutdoormoviesmoviesmovies IntuitiveIntuitive Ifbmui!Tfswjdft-!Jod/Ifbmui!Tfswjdft-!Jod/Ifbmui!Tfswjdft-!Jod/Ifbmui!Tfswjdft-!Jod/ INSURER B: 378 W Fargo!Bwf/ 12104ParkStreet INSURER C: Ibogpse-!DB!.!:4341 Cerritos,CA-90703 INSURER D: INSURER E: COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRADD’L POLICY EFFECTIVEPOLICY EXPIRATION POLICY NUMBERLIMITS LTRINSRDTYPE OF INSURANCEDATE (MM/DD/YY)DATE (MM/DD/YY) GENERAL LIABILITYEACH OCCURRENCE$ DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY$ PREMISES (Ea occurence) CLAIMS MADEOCCURMED EXP (Any one person)$ PERSONAL & ADV INJURY$ GENERAL AGGREGATE$ GEN’L AGGREGATE LIMIT APPLIES PER:PRODUCTS - COMP/OP AGG$ PRO- POLICYLOC JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO ALL OWNED AUTOS BODILY INJURY $ (Per person) SCHEDULED AUTOS HIRED AUTOS BODILY INJURY $ (Per accident) NON-OWNED AUTOS PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITYAUTO ONLY - EA ACCIDENT$ ANY AUTOEA ACC$ OTHER THAN AUTO ONLY: AGG$ EXCESS/UMBRELLA LIABILITYEACH OCCURRENCE$ OCCURCLAIMS MADEAGGREGATE$ $ DEDUCTIBLE$ RETENTION$$ WC STATU-OTH- WORKERS COMPENSATION ANDWORKERS COMPENSATION AND TORY LIMITSER EMPLOYERS’ LIABILITYEMPLOYERS’ LIABILITY 2-111-1112-111-111 !B E.L. EACH ACCIDENT$ ANY PROPRIETOR/PARTNER/EXECUTIVE 82894:841 2301 3 031312301 3 03132 FJH.58:1475.121701203133170120313417012031341701203134 OFFICER/MEMBER EXCLUDED? 2-111-111 E.L. DISEASE - EA EMPLOYEE$ If yes, describe under 2-111-111 E.L. DISEASE - POLICY LIMIT$ SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS !!!!!Tubuf!pg!Dbmjgpsojb-!jut!Pggjdfst-!Fnqmpzfft!boe!Bhfout!bsf!Beejujpjobm!Jotvsfet!qfs!uif!buubdife/ .Qsjnbsz!opo.dpousjcvupsz!gps!Xpslfst(!Dpnqfotbujpo!Qpmjdz/ .Xbjwfs!pg!Tvcsphbujpo!bqqmjft!up!uif!Xpslfst(!Dpnqfotbujpo!Qpmjdz CERTIFICATE HOLDERCANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAILDAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25 (2001/08)© ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) Date 0 CERTIFICATE OF LIABILITY INSURANCE 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). PRODUCERCONTACT NAME: CUSTOMER SERVICE PHONEFAX Infinity Insurance Agency Inc (A/C, No, Ext): 8004282342(A/C, No): 8553794454 Po Box 2048 E-MAIL Birmingham, AL 35201-2048 ADDRESS: INFINITYBROKERSERVICE@IPACC.COM INSURER(S) AFFORDING COVERAGENAIC # INSURER A :Infinity Select Insurance Company20260 INSUREDINSURED B : INSURED C : INSURED D : 11 INSURED E : INSURED F : COVERAGESCERTIFICATE 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. INSRADDLSUBR POLICY NUMBERPOLICY EFFPOLICY EXP TYPE OF INSURANCELIMITS LTRINSDWVD COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE$ DAMAGE TO RENTED CLAIMS-MADEOCCUR$ PREMISES (Ea occurrence) MED EXP (Any one person)$ __________________________________ PERSONAL & ADV INJURY$ __________________________________ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE$ PRO- POLICYLOCPRODUCTS - COMP/OP AGG$ JECT OTHER:$ AUTOMOBILE LIABILITYAUTOMOBILE LIABILITYCOMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY (Per person)$0,0000,000 OWNEDSCHEDULED BODILY INJURY (Per accident)$00,000 A 50461006195200106//20206/30/20206/30/20206/30/202 AUTOS ONLYAUTOS HIREDNON-OWNED PROPERTY DAMAGE $100,000 (Per accident) AUTOS ONLYAUTOS ONLY $ UMBRELLA LIABOCCUR EACH OCCURRENCE$ EXCESS LIABCLAIMS-MADE AGGREGATE$ $ DEDRETENTION $ WORKERS COMPENSATION PEROTH- Y / N AND EMPLOYERS' LIABILITY STATUTEER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT$ OFFICER/MEMBER EXCLUDED? N / A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE$ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT$ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDERCANCELLATION 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 © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03)The ACORD name and logo are registered marks of ACORD