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HomeMy WebLinkAboutTWIST AND SHOUT EVENTS, INC. (2)iNSURANCE ON FILE WARY MAY PROCEED UNTIL Ifi9URANCE EXPIRES CITY CLERK DATE: AUG 15 ZON N-2024-273 AGREEMENT WITH TWIST AND SHOUT EVENTS, INC., TO PROVIDE ON -CALL (t IlA SePulvedn% ENTERTAINMENT SERVICES AT CITY EVENTS THIS AGREEMENT is made and entered into this 15th day of July 2024, by and between Twist and Shout Events, Inc., a California corporation ("Vendor"), 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 vendor to provide on -call entertainment services at City events. B. Vendor represents that Vendor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Vendor represents that it is knowledgeable in its field and that any services performed by Vendor 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 On an on -call basis, and a the City's sole discretion, Vendor shall, during the term of this Agreement, perform the services described in Exhibit A, attached hereto and incorporated by reference, as well as their website (www.twistandshoutevents.com), as it is amended from time to time. 2. COMPENSATION a. City neither warrants nor guarantees any minimum compensation to Vendor under this Agreement. Vendor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B attached hereto and incorporated by reference, as well as their website (www.twistandshoutevents.com) as it is amended from time to time. The total compensation for the services provided shall not exceed the amount of Six Thousand Dollars and Zero Cents ($6,000.00) during the term of this Agreement, including any extension periods. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. C. This Agreement contemplates compensation for services rendered and properly invoiced beginning on July 1, 2024. Page 1 of 9 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 the date first written above and terminate on June 30, 2025, unless terminated earlier in accordance with Section 17, below. 4. PREVAILING WAGES Vendor 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, Vendor agrees to fully comply with such Prevailing Wage Laws. Vendor 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 Vendor 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, ajoint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Vendor performs the services which are the subject matter of this Agreement; however, the services to be provided by Vendor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Vendor 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 drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Vendor under this Agreement ("Documents & Data"). Vendor 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. Vendor represents and warrants that Vendor has the legal right to license any and all Documents & Data. Vendor makes no such representation and warranty in regard to Documents & Data that were Page 2 of 9 provided to Vendor 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, Vendor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Minimum Scope and Limit of Insurance (1) Commercial General Liability (CGL). Insurance Services Office ("ISO") 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 $1,000,000 per occurrence and $2,000,000 aggregate. (2) 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. (3) Sexual Abuse or Molestation Liability (SAML). If the CGL policy referenced above is not endorsed to include affirmative coverage for sexual abuse or molestation, Vendor shall obtain and maintain a policy covering sexual abuse and molestation with a limit of no less than $1,000,000 per occurrence or claim. (4) Broader Coverage. If the Vendor 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 Vendor. 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 The above required insurance policies are to contain or be endorsed to contain the following 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 Vendor including materials, parts, or equipment furnished in connection with such work or operations. (2) Waiver of Subrogation. Vendor shall require its insurance coinpany(ies) to waive all rights of subrogation against City of Santa Ana, its City Council, its Page 3 of 9 officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from this Agreement. (3) Primary Coverage. For any claims related to this contract, the Vendor's insurance coverage shall be primary and any insurance or self-insurance maintained by City, its City Council, its officers, officials, employees, or volunteers shall be excess of the Vendor's insurance and shall not contribute with it. (4) Severability. A severability of interest provision must apply for all the additional insured, ensuring that Vendor's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. (5) Notice of Cancellation. Insurance policy(ies) herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non -renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non -renewal due to non-payment. (6) Certificate Holder. The Certificate Holder on each Evidence of the Insurance certificate shall be: City of Santa Ana, Attn: (name of department staff responsible for Agreement), 20 Civic Center Plaza M-XX (responsible staff's department mail box), Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate. C. 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. d. Verification of Coverage. Vendor 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 all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Vendor'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. Page 4 of 9 e. Special Events Coverage. Special events coverage is available and can be purchased by Vendor. Use this link to learn more: httns://2sl2arta.com/selip_appli cation.phhp f. 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 Vendor 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 Vendor 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 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 Vendor 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 Vendor'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 Vendor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Vendor shall 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, trademark, or copyright contained in the work product or documents provided by Vendor to the City pursuant to this Agreement. 10. RECORDS Vendor shall keep records and invoices in connection with the work to be performed under this Agreement. Vendor shall maintain complete and accurate records with respect to the costs incurred corder 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 Vendor tinder this Agreement. All such records and invoices shall be clearly identifiable. Vendor shall allow a representative of the City to examine, audit, and make Page 5 of 9 transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Vendor 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 Vendor under this Agreement. 11. CONFIDENTIALITY If Vendor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Vendor 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 Vendor disclosed in a publicly available source; (c) is in rightful possession of the Vendor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Vendor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Vendor 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: To City: City Clerk 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 Library Services City of Santa Ana 20 Civic Center Plaza (M-75) P.O. Box 1988 Page 6 of 9 Santa Ana, CA 92702 To Vendor: Twist and Shout Events, Inc. Attn: Amy Nehring, CEO 7567 Quiet Cove Circle Huntington Beach, CA 92648 714-915-7537 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 Vendor 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 Vendor. 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 Vendor 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 Vendor, Vendor 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. Page 7 of 9 17. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Vendor shall be entitled to receive and the City shall pay Vendor compensation for all services performed by Vendor 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 Vendor 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 Vendor 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 Vendor 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. Vendor 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 arise out of, in connection with or by reason of this Agreement. 20. PROFESSIONAL LICENSES Vendor 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. Vendor 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. Page 8 of 9 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. APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: andon Salvatlerra Deputy City Attorney RECOMMENDED FOR APPROVAL Brian StfLUbarg44IT15, 20241119 PDT) Brian Sternberg Executive Director Library Services CITY OF SANTA ANA woaw-- Alvaro Nunez City Manager TWIST AND SHOUT EVENTS, INC. Amy Nehr u117, 202415:36 MDT) Amy Nehrig Chief Executive Officer Page 9 of 9 EXHIBIT A Exhibit A SCOPE OF SERVICES VENDOR INFORMATION: Twist and Shout Events, Inc. (Vendor # 61950) 7567 Quiet Cove Cir. Huntington Beach, CA 92648 Phone #:714-915-7537 Email: twistandshoutonlinenamail.com littys:Htwistandshoutevents.com/ EVENT: Santa Ana Public Library Services Department Events LOCATION: All Library facilities including but not limited to facilities listed below. • Main Library, 26 Civic Center Plaza, Santa Ana CA 92701 • Newhope Library, 122 N. Newhope Street, Santa Ana CA 92703 TERM: July 1, 2024 through June 30, 2025 COMPENSATION: Not to Exceed $6,000 DESCRIPTION: This vendor may provide on -call entertainment services including by not limited to face painting, balloon twisting, airbrush tattoos, henna tattoos, photo booth, balloon arches, caricature artists, and yard signs for the period of July 1, 2024 through June 30, 2025. The total amount for this agreement shall not exceed $6,000. Twist and Shout will be providing one of the services on Saturday, April 26, 2025 from 10:30 am to 2:00 pm during the Dia de los Ninos, Dia de los Libros community outreach event. Other services will be provided as needed per direction of department staff. The City will be responsible for setting up the space for the patrons attending and advertising the program. Vendor will be responsible for providing all equipment, materials, supplies and personnel necessary to perform the service. City Staff will be present at all times during the services. EXHIBIT B Basic ■ Standard 0 Plus z Hours U65.00 � fl. - Fxe Pamh, l fkur - Balloon Twot, BkllMalld Cutter rnm I be sh o[utedl Add ed&tionY servfes to yourermt Caricature Artists z Hours $315 — 3 Hours S385. o0 +3 Hours -Faze Painting �5 Hours -Balloon Trlsh+q lAtrblush Tattars, Hmna aM GIMer Tattoos may be suhsntutedl Add ddti u.toy esmt Caricature Artist 3 Hours $b35 — z Haurs - Faze Palming L Hpos - Bi6am TunsLrlq VUrbrush Tattoos, Tknre aM G6uer Tattoos mey h v�slituf¢dl Add atlGtivul smNres toyov erm[ Caricature Artist y Hours S555 gook z Hours of Caricature , Book } Hours of Carlcature , Book L Hours of CaYirahn e A, List Artmt Artist z Hour Photo 1 3 Hour Photo 1 4 Hour Photo Booth Package z Hours 55?5 z tows of Servi¢wvM At¢rdant IuMimted sessions) • Photo emth Rena Prato Booth AoerWnt Prays DO after rte giant with all Photos Choi¢ of Prertkum 6atkdmps Dgind Booth wyh tlaice of pram. Aided. hoonera . or gib. Photon sent invradiatey or U. guests via tot message, emal, or wend nlMla Custom tennplete created for your event Me on use yow awitauon or [mine one for you!) •'•un iratrd print option for an additional ftm ao'•• Birthday Bomb Package >t Stz5.ac Cone let us hxr l homh y x Iause with fun signs to kt the %Axle nei1hrArmrad ktaw It's yaa spetlal person's tnthday. Wlur's Inthsded: Delivery, Set-up old Tear Drawn of &and, Rental Sm nx Booth Package S Hours S6z5 31aurs of Sera¢ with Ar xndant (Uncoated! sessions) • Mato!both Rental Photo Booty Attendant • props • link after the event Wth 0 Phatm (]n'rce of Remium eakdrops Dighal Booth Wth Choice of plat.. Aden, horme¢rig, or Rd& PMtaa Yet lnaadattly to yarr g n An ten rnmeoge, erred, or sass med. - Gunton Rnplate amatl f¢ your even[ lwe can ux your imyation or am¢ e¢f yoay •••uNintted print option for an addidmwl sm.ao••• Birthday Blow Up Package .a S165.oa InOades the N"hday Bomb Sigre AND a A9aaeh and a Bohan Topiaries in front of your !lane. NRret's Induded: Delivery, Set-up and Tea Down of Birt!tlay Rettal s'gtn. Booth Package 4 Hours S725 oa a hours of SerW¢whh Attendant NHimhed 5nasiw) • photo Bomb Rental Photo Booth Attentlalt . props Nnk after toe event with Al Photos Ctai¢of Premium BaYbops Dgitsa Booth with thrice of photo. Ad., toomerangs, or gin Photos sent immMwMy to your guests vu text message, email. or soxial media Casmm tenplate atate l for year event !we rs axe you imitation or create a¢for yw!1 "unlimited print option far an additional Srso.ox••• IncNdes TAe buttaay Brmh Sigrs. The Bhdsday ®ow Up Uloons and a standard a" to halo ylderl WAat's Ircluded Delivery. Set-up and Tear Dawn of Bnthday Rental Sgns. Deacon Detwatiww in between W the sigm AND a stardatl aN to walk Nragh. Standard Arch Organic Garland' Organic Arch 8 Feet Tall and [o Feet Wide (14 Feet) Standard Medium (8xTo) StfS oc Sz}O-CQ S115.c •1 e R � a: �" nimeFmttla Or[a6e bl eb: 01pI AreCf. yy ' 4f6et feo UrSwc Be�xe /unl txata FeetrfZlsoo 6fem I'M Exva laFAC a Feet TO AM 16 Fee[ �!I w Feet $,n IWe fsn.m to Feet See The wo M lee up to ♦tnWS Mien %R Ssso sgrae0aas troty c6brs as you ssauW bw OF Sw M[teu[ a splra. Odfe tseearc nNrxe NCR [o FM To at [a Feet KT6e fa35 Extra Large NO vFeet Tal ar 16 Feet y Sw . Inise Thu NN 1+<feet tall x mfeet ridel f33 00 Back Na d _ Book NMI 'j}, Book Nwt Organic Ring z Columns Puff Arch SRS.�o Styo.00 Szoo j i olA �R n — Book R CaNtmsl Book YWr Puff Archl CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDNYYY) 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 CONTACT Will_Maddux NAME: East Main Street Insurance Services, Inc. PHONE 530) 477-6521 AN.): Will Maddux E-MAIL ADDRESS: inl rC,th v PO Box 1298A INS Eq O D 1 O E 1 AICk Grass Valley �.. 5 INSURER A: EV lSt Insuranc Company 35E INSURED INSURER B Twist and Shout Go Amy & David Nehdg 7567 Quiet Cove Circle COVERAGES _RIEVP`1 NI M11MRFJ2-_. _ THIS IS TO CERTIFY THAT THE P ICIE LIS BE A I T T D A A OV 7 E Y ERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF NY CONTRACT CUME 7 ITH R T H THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFOr.OEr BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY H/ VF SEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL J02 sUBR WVD POLICY NUMBER POLICY SEE MN/DOMY POUCYEXP MM/DD/YYYY LIMITS COMMERCIALGENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE OCCUR PREMI_ffAMAGSES (Ea PREMISESS(Eaoccunence) $ 100,000 MED EXP (Any one person) $ 5,000 Host Liquor Liability Retail Liquor Liability PERSONAL &ADV INJURY $ 1,000,000 A Y Y 3DS5475-M3382345 06/07/2024 06/07/2025 AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 GEN'L 12:01 AM 12:01 AM X POLICY JECT PRO- ❑ LOC pRODUCTS-COMP/OPAGG $ 2,000,000 Deductible $ 1,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO OWNED SCHFOULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Per acddart $ UMBRELLA LIAO OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR CLAIMS -MADE DED RETENTION$ $ WORKERS COMPENSATION EMPLOYERS' LIABILITY Y/N I PER IOTT STATUTE ER E.L. EACH ACCIDENT $ ANYPROPRIETORIPARTNER/EXECUTIVE OFFICERIMEMBEREXCLUDED9 ❑ N/A E.L. DISEASE FA EMPLOYEE $ (Mandatory in NH) If yes, descdbe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may he attached if more space is required) Certificate holder listed below is named as additional insured per attached MEGL 2217 01 19. Attendance: 2000, Event Type: Vendor at Event. Waiver of Subrogation applies per attached CG 24 04 12 19. Primary/Non-Contributory wording applies per attached CG 20 01 04 13. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PRC �. Risk MvugenedDlwtlm City of Santa Ana AUTHORIZED REPRESENTATIVE , max., REmEwEOS'APPROJ®BY: 20 Civic Center Plaza ' " ii+.&:e "44 Santa Ana CA 92701 ' ` Risk Management Spetlzaat ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD CITY OF SANTA ANA RISK MANAGEMENT d&,&j" 4HUMAN RESOURCES I i Affidavit of Exemption for Workers' Compensation Insurance PM,, nP�i[�( I�O hereby affirm under penalty of perjury, the mettle) following declaration: I certify on behalf of Ilnl I S��I N �� �/�%��� ���_ that during the term (Consultont/Compony Name) of my contract for enit' �G l 8�1- OC�7— services with the City of Santa Ana, (Type of service provided) I will not employ any person in any manner so as to become subject to the workers' compensation laws of California, and agree that if I should become subject to the workers' compensation provisions of Section 3700 of the Labor Code, I shall forthwith comply with the provisions and provide proof of workers' compensation coverage immediately. Date: 114 1 % Print Name: Print Title: Signature: Telephone: WARNING: FAILURE TO SECURE WORKERS' COMPENSATION COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000). IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY'S FEES. RiA M,ougrMad D welon ReoE D&APPRW®Br. A-j�, Aa4° ® RiA Management Spedalht I:\Risk Mgmt\Insurance Requirements\Affidavit of Exemption for Workers' Compensation Insuran COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 3DS5475-M3382345 MARKEL® EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule of this endorsement, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by the acts or omissions of any insured listed under Paragraph 1. or 2. of Section II — Who Is An Insured: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. 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 such additional insured will not be broader than provide for such additional insured. required by a contract or agreement, the insurance afforded to that which you are required by the contract or agreement to MEGL 2217 0119 Includes copyrighted material of Insurance Services Office, I with its permission. ' Risk MWW9emvdDMeton REVIEWED 6 APPROV®BY ®; ® Risk Management Specialist B. 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. All other terms and conditions remain unchanged. MEGL 2217 0119 Includes copyrighted material of Insurance Services Office, I with its permission. Rick Mwugen+ent Dnv(on q.s „op•~,�^� flEVI D&APPRov®By. Ag�, A44�- Ruk Management Specialist POLICY NUMBER: 3DS5475-M3382345 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. CG 20 01 04 13 © Insurance Services Office, Inc., 2012 Rid[ Matvgarlmt T)[uielan REVIEWED 3 APPROVED BY.., 'e • '; ®1 A� Acw4lo Rlsk Management Specialist P POLICY NUMBER: 3DS5475-M3382345 COMMERCIAL GENERAL LIABILITY CG 24 0412 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person(s) Or Organization(s): City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. RiskMoegmnmtDhbinn Ren� 6 ArPRov® Bv: ®' A'j�' "44 Risk Management Specialist CG 24 04 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1