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HomeMy WebLinkAboutSOCAL DRUM PARTY, LLC (2) INSURANCE ON FILE N-2025-133 WORK MAY PROCEED UNTIL INSURANCE EXPIRLS — I 4k--- CITY CLLRK DATE. AGREEMENT WITH SOCAL DRUM PARTY, LLC, yy TO PROVIDE SPECIAL ENTERTAINMENT FOR CITY EVENTS pWWJ THIS AGREEMENT is made and entered into this 15th day of May 2025,by and between SoCal Drum Party, LLC,a California limited liability company("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"), each a"Party" or collectively"Parties." RECITALS A. The City desires to retain a contractor to provide special entertainment for various City events, including the City's Summer Splash Day Camp, Kids Night Out, Afterschool Programs,and other events("Events") as directed by the City. B. Contractor represents that it 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 personnel to provide the services as further described and set forth in Exhibit A, attached hereto and incorporated in full, at dates, times, and locations as mutually agreed upon by the Parties in a signed writing. 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. City shall have the sole discretion as to engagement of Contractor for services/events not detailed in Exhibit A. The City reserves the right to administratively change event locations, dates, or services for any mutually agreed upon services/Events. e. In the event of an inconsistency among the provisions of this Agreement and any of its exhibits, the inconsistency shall be resolved by giving precedence in the following order: (1) This Agreement; (2) The scope of services attached as Exhibit A; Page 1 of 9 (3) The rates attached as Exhibit B. 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 B, attached hereto and incorporated in full. The total amount to be expended under this Agreement shall not exceed Twenty- Five Thousand Dollars and 00/100($25,000) 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. City and Contractor agree that all payments due and owing under this Agreement shall be made through Automated Clearing House(ACH)transfers. Contractor agrees to execute the City's standard ACH Vendor .Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Contractor's account(s)with financial institutions. C. 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, 2025, and terminate on May 31, 2026, unless terminated earlier in accordance with Section 17,below. 4. 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. 5. 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 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 i i Page 2 of 9 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. 6. 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 entire Term of this Agreement,against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Contractor. 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) Automobile Liability (AL). ISO Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 per accident for bodily injury and property damage. In the event Contractor does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance as compliance with this requirement. (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. This requirement can be waived if Contractor has no employees. (4) Sexual Abuse or Molestation.Liability(SAML). If the work will include contact with minors, and the CGL policy referenced above is not endorsed to include affirmative coverage for sexual abuse or molestation, Contractor 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. (5) 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 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, AL, and SAML Page 3 of 9 policies,with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connectionwith such work or operations. (2) Waiver of Subrogation. Contractor's insurance company(ies) agree(s) to waive all rights of subrogation against the City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Contractor under this Agreement. (3) Primary Coverage. For any claims related to this Agreement, Contractor's insurance coverage shall be primary and any insurance maintained by City,its City Council,its officers,officials,employees,agents,or volunteers shall not contribute with it, (4) Severability. A severability of interest provision must apply for all the additional insured,ensuring that Contractor'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) 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 insurance certificate shall be; City of Santa Ana, Attention: (name of department staff responsible for Agreement), address of department responsible for Agreement M- XX, Santa Ana,CA 92701. C. Self-Insured Retentions. Self-insured retentions must be declared to and approved by the City. City may require 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. d. 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. e. 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 allpolicy endorsements to City before work begins. However, failure to obtain the required 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. Page 4 of 9 f. Claims-Made Policies. If any of the required policies provide coverage on a claims- made basis: (1) The retroactive date must be shown and must be before the date of the Agreement or the beginning of work. (2) Insurance must be maintained and evidence of insurance must be provided for at least three(3)years after completion of work. (3) If coverage is canceled or non-renewed,and not replaced with another claims-made policy form with a retroactive date prior to the Agreement effective date, Contractor must purchase "extended reported" coverage for a minimum of three (3) years after completion of work. g. Subcontractors. Contractor shall require and verify that all subcontractors maintain insurance meeting all the require h. 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. 7. 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 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 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. 8. 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 i i Page 5 of 9 i i 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 Contractor to the City pursuant to this Agreement. 9. 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. 10. 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(c) is independently developed by the Contractor without reference to information disclosed by the City. 11. 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. 12. 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 Page 6 of 9 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: SoCal Drum Party, LLC Attn: Michael Enriquez, Owner 858 Kinbrae Ave Hacienda Heights, CA 91745 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. 13. 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. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, 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. 15. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted Page 7of9 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. 16. 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. 17. NON-DISCREbIINATION 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. 18. 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. 19. 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. Page 8 of 9 i 20. 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; C"Nuflez enni er 1 Cit City Manager APPROVED AS TO FORM CONTRACTOR SOMA R. CARVALHO City Attorney W. By: Michael Enriquez Nay 18,202521:47 PDT} randon Salvatierra Michael Enriquez Deputy City Attorney Owner RECOMMENDED FOR APPROVAL Hawk Scott Executive Director Parks, Recreation, and Community Services Agency Page 9 of 9 Exhibit A SCOPE OF SERVICES VENDOR INFORMATION: SoCal Drum Party EVENT: Summer Splash Day Camp,Kid's Night Out, &Afterschool Programs SERVICE DATE(S): SoCal Drum Party will provide one-hour special entertainment during dates, times, and locations that will be mutually agreed upon in writing by each party, COMPENSATION DUE TO THE VENDOR: Vendor not to exceed$25,000 for the year. Utilizing Exhibit B: Services Offered, compensation will be mutually agreed upon in writing by each party, DESCRIPTION: SoCal Drum Party will provide one-hour special entertainment in the form of musical performances with group led workshops with drumming elements at Summer Splash Day Camp, Kid's Night Out, and Afterschool Programs at the following centers. El Salvador Community Center Jerome Community Center Salgado Community Center Garfield Community Center Roosevelt Walker Community Center Special entertainment will be held at each site with vendor and city seasonal staff for a period of I hour with 30 minutes to 1 hour for set-up and take-down. The Vendor will be paid the fall amount of compensation,within 45 days of each event. Established and confirmed events: 06/24/2025- Santa Ana Salgado Center(60 campers) 06/27/2025- Santa Ana El Salvador Center(40 campers) 06/27/2025- Santa Ana Jerome Center(50 campers) Total per session: $500 Total for 3 events: $1500 Exhibit B (soeal Services Offered&M SoCal Drum Paftcom 626-715-1371 SoCa]DrumPaft@Gmail.com_rumPa@Gmail.com 0 Kids Drum Circle Get ready to move, groove, and jam together! Our high-energy drum circles are designed for kids of all ages to explore rhythm, creativity, and teamwork in a fun, hands-on environment. Every child gets an instrument and becomes park of the music as we play dynamic games, sing silly songs, and build rhythms together as a group. Led by a team of experienced facilitators, this upbeat session blends musical learning with pure summer fun—no prior experience needed! Price is based on the number of instruments provided. Organizers may choose to split their group in half and have each group enjoy a 30-minute drum circle. *All ages and abilities welcome •AII equipment provided Small Group $500 1-hour drum circle session 30 drums provided 30 kids max or 60 kids max if splitting the group in half Medium Group $650 1-hour drum circle session 45 drums provided 45 kids max or 90 kids max if splitting the group in half Large Group $800 1-hour drum circle session 60 drums provided 60 kids max or 120 kids max if splitting the group in half Extra Large Group $950 1-hour drum circle session 75 drums provided 75 kids max or 150 kids max if splitting the group in half HUGE Group $1100 1-hour drum circle session 90 drums provided 90 kids max or 180 kids max if splitting the group in half Larger groups and longer sessions are available and will be quoted on a case-by-by case basis. A � ifl SPECIALTY' CERTIFICATE OF LIABILITY INSURANCE (MMD�/YYYY) lNiUAANCII Ac€rr(;r 05114/2025 IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policyfies)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 endorsementis). PRODUCER Specialty Insurance Agency Contact Name. Heather Weiss Zenzen Performers of the U.S. Phone: 715-246-8908 FAX: 715-246-8908 3432 Denmark Ave#231 Email: certs@specialtyinsuranceagency.com Eagan,MN 55123 INSURERS AFFORDING COVERAGE NAIC# INSURED PERFORMERS OF THE U.S.AND ITS PARTICIPATING MEMBERS: INSURER A: Evanston Insurance Company 35378 Michael Luis Enriquez INSURER B: dba Michael Enriquez of SoCal Drum Party 858 Kinbrae Avenue INSURER C: Hacienda Heights,CA 91745 INSURER O: 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 RESPECTTO 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. TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS lrrso WVD DATE(MM/DD/YY) DATE(MM/DD/YY) DX COMMERCIAL GENERAL EACH OCCURRENCE $1,000,000 LIABILnY NTED — CLAIMS MADE X� CCUR DAMAGE(Ea ac urrenc) PREMISES $300,000 MED EXP(Any one person) $5,000 A APPLIES PER:AGGREGATELIMIT X X 2CN0180-47120 0111012025 01110/202612:01am A PERSONAL&ADV INJURY $1,000,000 HLOC POLICY®PROJECT GENERAL AGGREGATE $2,000,000 PRODUCTS-COMP/oP AGG $2,000,000 A PERFORMER ASSISTANT(S) EACH OCCURRENCE $ AGGREGATE A BUSINESS PERSONAL AGGREGATE $ PROPERTY-INLAND MARINE SEXUAL ABUSE AND EACH OCCURRENCE $ 1�000,000 A MOLESTATION 2CN0180-47120 01/10/2025 01/10/2026 12:01 am X OCCUR AGGREGATE $2 000 000 A DATA BREACH AND CYBER AGGREGATE $ LIABILITY COVERAGE A EQUIPMENT LEASED OR RENTED AGGREGATE $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES A EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS PERFORMER IS A NAMED INSURED AS A MEMBER OF PERFORMERS OF THE U.S.: Michael Luis Enriquez dba Michael Enriquez of SoCal Drum Party Additional Insured:The City of Santa Ana, Risk Management,it's City Council,officers,employees,agents, representatives,and volunteers as additional inured, Coverage is primary and not-contributory with respect to insurance or self-insurance maintained by the City. Waiver of Subrogation applies to general liability. Thirty(30)day prior written notice of cancellation required. Sexual abuse or molestation coverage is not excluded by endorsement.$1,000,000I$2,000,000 coverage limits apply to educational institutions only;otherwise $100,000 each occurrence/$300,000 aggregate limits apply to sexual abuse or molestation coverage. Email:jhoang@santa-ana.org Attn:Julie Hoang Ongoing For Policy Period Insured for:Musician Digitally signed TU Tran byTuTran Nguyen NgUyErl11sb1s-0�ooc CERTIFICATE HOLDER CANCELLATION City of Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED Attention: Parks,Recreation,and Community Services Agency BEFORE THE EXPIRATION DATE THEREOF,THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE 20 CIVIC Center Plaza M-23 CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO Santa Ana,CA 92702 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES, AUTHORIZED REPRESENTATIVE A POLICY NUMBER: 2CN0180-47120 COMMERCIAL GENERAL LIABILITY CG 20 12 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, ADDITIONAL INSURED -- STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION - PERMITS OR AUTHORIZATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE State Or Governmental Agency Or Subdivision Or Political Subdivision: City of Santa Ana Attentlow Parks,Recreation,and Community Services Agency Santa Ana,CA 92702 The City of Santa Ana,Risk Management,it's City Council,officers,employees,agents,representatives,and volunteers as additional inured.Coverage is primary and not-contributory with respect to insurance or self-insurance maintained by the City. Waiver of Subrogation applies to general Ilability.Thirty(30)day prior written notice of cancellation required. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section 11 -- Who Is An Insured is amended to 2. This insurance does not apply to: include as an additional insured any state or a. "Bodily injury", "property damage" or governmental agency or subdivision or political "personal and advertising injury" arising out subdivision shown in the Schedule, subject to the of operations performed for the federal following provisions: government, state or municipality; or 1. This insurance applies only with respect to b. "Bodily injury" or "property damage" operations performed by you or on your behalf included within the "products-cam plated for which the state or governmental agency or operations hazard". subdivision or political subdivision has issued a permit or authorization. B. With respect to the insurance afforded to these additional insureds, the following is added to However: . Section III—Limits Of Insurance: a. The insurance afforded to such additional If coverage provided to the additional insured is insured only applies to the extent permitted required by a contract or agreement, the most we by law; and will pay on behalf of the additional insured is the b. If coverage provided to the additional amount of insurance: Insured is required by a contract or 1. Required by the contract or agreement; or agreement, the insurance afforded to such additional insured will not be broader than 2• Available under the applicable Limits of that which you are required by the contract Insurance shown in the Declarations; or agreement to provide for such additional whichever is less. insured. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 12 04 13 O Insurance Services Office, Inc., 2012 Page 1 of 1 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: III 2CN0180-47120 MARKEV EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name Of Person Or Organization: Any person(s)or organization(s)with whom the Named Insured agrees, in a written contract executed prior to the "occurrence", to waive rights of recovery Additional Premium: $ The following is added to Condition 8. Transfer Of Rights Of Recovery Against Others To Us under Section IV — Commercial General Liability Conditions: We waive any right of recovery we may have against any person or organization shown in the Schedule of this endorsement.This waiver applies only to the person or organization shown in the Schedule of this endorsement. All other terms and conditions remain unchanged. MEGL 0241-01 05 16 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission. I POLICY NUMBER: 2CN0180-47120 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 PROD UCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured. 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 CG 20 01 04 13 O Insurance Services Office, Inc„ 2012 Page 1 of 1 CITY OF SANTA ANA Risk Management a division of Human Resources Managing Risk through Awareness and Action AFFIDAVIT OF EXEMPTION FOR WORKERS' COMPENSATION INSURANCE Michael Enriquez I ("Representative"),attest that I am an authorized (?Name and Title of vendor Representative) representative of SoCal Drum Party LLC ("Company"), and (Consultant/Company Name) possess the authority to legally bind Company. In my capacity as Representative of Company, I represent and confirm the following, as relates to the agreement between Company and City of Santa Ana, agreement number ("Agreement")to provide Drum Circles ("Services"): (Services to be provided under agreement/contract) During the course and scope of Company's agreement with the City of Santa Ana,Company will not employ any person in any manner so as to become Subject to the workers' compensation laws of California, and agree that if Company should become subject to the workers' compensation provisions of Section 3700 of the Labor Code, Company shall forthwith comply with the provisions and provide proof of workers' compensation coverage immediately. If at any time it is found that Company is not adhering to any and/or all of the statements in this document and does not maintain the minimum professional liability insurance coverage as required in the Agreement, it will be considered a breach of Agreement rendering the Agreement null and void and Company will be fully liable for any and all damages. �" &A,[lJ 5/15/25 Signature Date Michael Enriquez Print Name Founder Title 626 715 1371 SoCalDrumParty@gmail.com Contact Information,i.e.,Telephone Number and/or Email Address WARNING: FAILURE TO SECURE WORKERS' COMPENSATION COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSANT DOLLARS ($100,000). IN ADDITION TO THE COST OF COMPENSATION,DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY'S FEES. Affidavit of Exemption for Workers'Compensation Insurance 11.12.2024 R �l R Renewal Auto policy Declarations AA INSIJRAN C E To report a claim please call ISDDI 503-3724 Paiic -Number Palic Per'od c�AAP0000678616 From: 05/05/2025.12,01 AM To: j]/05/2025 12101 AM Standard Lime at the address of the Named lnsurad Cam an Agent ' Mercury Insurance CompanY PTL INS..BROKERS,I.NC,#(042984) P.C3.BOX 10730 P 0.Bok 4155 ; SANTA ANA;CA 92.711-0730 COVINA,CA 917.23 (616)967-9581 Named Insured EVELYN HILL EN RIQUEZ , 858 KINBRAt AVE n� HACIEhEDA HEIGHT$,CA 917454322 54807 EH I LLEN R IQU EZ@ MTSAC,EDU Date Sent:04/09/2025 important.lnfarmationese The enclosed Auto insurance Renewal Bill and the U-25.7 IMPORTeS and tNOTICE due daare te.Youart r rtautomo1biie€nsu insurance res. amount�f your premium,your p.ayment,options,any applicable;fe , and coverage ceases at-12A1'AM on 05105/2025:Coverage uni#er-this..policy will become effectiveeprovided iea epc contact premiurri.and any applicable fees as indicated on the Auto insurance Renewal Bill.If you have any q your agent at the phone number provided above s prayides only a summary of ag cavee. Alf coverage is subject to the terms, conditions This Declaration , and exclusions of . .. -the policy contract. Dlseourtts :, ' 2017AIRSTREAM:TRAILER 43733$ Exceptional Driver,Good Driver. 2019 NIS5AN LEAF S PLUS SL P#09364 Exceptlanal Driver""Good Driver,Group piscbunt,Multi-Car,Multi-Policy 2006 CHRYSLER TOWN&COUNTRY#D7953 E>ceptional Driver,Good Driver,Group Discount, Multi-Car,Multi-Policy I�UM lf"rh"e 2021:NISSAh�ARMADA PLAT[ 70532 Exceptional Driver,Goad Driver,Group Discount,Multi-Car;Multi-Policy 'wMr...rs;. 7 wr,. 14. ,r 2023 LE7�U5 E5 300H BASE 300#313 7 Exceptional Driver`,Goad Driver,Group Discount, Multi-Car,Multi-Policy rs - Llstetl(]rivers _ EVELYNHILL ENRI.QUI Z-Years License Experience S1 LUIS M ENRIQUEZ. Years License'Experience 49 f , F ICHAEL`ENRIQUEZ Years License Experience 19 ' Exclutletl p;hers � � `' h..l ..s �-,a .. r LR��7��rs ��H #�C''�re t�`'e,..}w ° ✓�'' p'`s'� .�'< y _1.�'n� '^ _ e. i na 2Excltl;Dn+ers$,'Cov re age;Exclusion 5 applicable to all coverages,including but not,limited to,liability yy - x r: mod' Lssprovtetl, ow=.oraterr>It_y:,agreedtjat,the Ins!urrance afforded by this pohcyrshail not apply line a t�i�af.a s re t"rci a c t Wenia�tymatar vehicle Es hel.ng used or oporated by an are°, -3 - ersarl resides or whether the person is I(censee to drl,, Y Q" .e term5'00 fa oipa r ter,tad,�r �t ��r f f` y , � •,l � s r'rx 7T ern n ski err 1 p i /t.pv' '; M, ,� ', � S �`xrf,,'�'!• 's r ', 1 l � Vehicles and Coverage Limits 2017 AIRSTREAM TnAtLER 16,VIM:1STHRAf4 1X1lj537338 — Garaging Address: 1158 Ylnbra�Ave,Hacienda Heights,CA,91.745.1322 Primary Use of the:Vehlcie: Pleasurg :,:: Current Term Annual Miieage: 9,0oo Renewal Term Annual Mileage; 9 )(H) Current Term Mileage PrOgrarTt: NotAppflcahie Renewal Term Mlleage program: Not Ap'p' pa le Coverages _......__ Limits' — Bodily Injury Liability .0 . $250 a0p each Person/$500,000 each Accident PremiumM0.0 Property Damage Liabilit $160,000 each Accident ...... x- Uninsured Motorist Property Cnlltsian Deductible Waiver Applies Damage/Collision Deductible Waived ....... .... ..........................._....._ ..,_............... Com rehensive ActualCaSn Value Less$50 Deductible _......._.....:...........$52 QQ p 1 ........ .......... .. Collision -- Actual[as 'Value less$100 Deductible _ $67.00 Total Premium for 2017 AIRSTREAM TRAILER 16 $130,0Q - . i'"s 2019 NISSAN LEAFS PLUS SL P HCHBK4DR,VINP"1N4B21CP8 C309364 I Garaging Address; 858 Klhbrae Ave,Hacienda Heights,CA,91745-1322 i{ ;t Primary Useof theVeMitle: Acceptaule Business Use a Current Term Annual Mileage: 13,"000 y 8 'Renewal Term Annual Mileage: 13;00q ' CurrentTerrn Mileage Program: Esf�rmaked�� R ewval Term Mileage Program: Es rmated +' # U Loss Payee schools fist fcu;PO BOX 11.547,5ANTA ANA,CA,92711 '- Coverages Limits Premium ...._..............................._........._..,._..........._.- Gaddy Injury Liability $2T5p 000 eacni Person%$500 000 each Accident 427.00 Property Damage Liability $100,000 each Accident ut .................................... ... ...__......_... ° a Uninsured/Underinsured Motorist Bodily $100,000 each Person/$300,000 each.Accident $69.00 infury ...._................... ........_................................. ..•--..................._,......_............._.................... .._... fr "N Uninsured Motorist Property Collision Deductible Waiver Applies $2.00 Damage/Collision Deductible Waiver iy _..................................._............. ........................................... ._. =.L Medical Payments $S;000 eac�t Person/each Accident $9.04 C ............................._.....,................ k h lr ai �C&nvrehensive Actual-CashlVaiue less$250 Deductible ............._........................... Collision Actual[asii Value Less$50D Deductible„ ...• .........................$292.00 rf f ........................................- .•.-.•.....,-..........................-................,....................._..... fi fa1r U Kenial _ $40 each Day/Maximum 30 Days $27.00 x�;z Non Factory Equipment_........................................ ......... ........u r 1 v� Total Premlurn for 2019 NISSAN LEAF S PLUS SL P HCHBKf4DR $900,00 � t �lzi '2006 CHRYSLER TOWN&COUNTRY WAG 4X2 41),VIN 2A4GP44RX6R807953 r t� Garaging Address: 858 Kiibrae Ave,Hacienda Heights,CA,91745-1322 ' Primary use of the Vehicle: Pleasure, y s r CUrrentTermAnnual Mileage: 12,000. " ^f Renewal Term Annual Mileage: 12 ddb �y L; s� y g Current Term.Mileage.Program: Estimt�etltiff Renewal Term Mileage Program: Estimaed #, ,, erages J _ µ LtM1 S. Premium �8ad�ly Injury Ltab�fEfty250 OQO each Person/$500,000 each Accident $274.gp � Oro er%y par_pge Liability _ a lq•q 0_Q e�cf)Accident n, s, _ a 4 911 20 un errnsured Motorist Bodily 'J$10%00Ge"ach Person/$300,000 each Accident. $50.00 WN f03/21723r Page 2 of 4 N� I .. ... ..... ......... Unfnsured Motorist Property Cnilisio Deductible Waiver Applies $4,00 Damage/Coffislnn De6uctifjie Waiver ...................................... --------------- - Medical Pa menu Y $5 O0p each f arson/each Accident $4.00 Coin rehensfve Attiial Cash Value Less 5 1,000 Deductible $33.00 13 ...................._.......... , Collision Actual Cash Value Less$1 000 Deductible $7<t.00.......................,._..._............_............ _..............._._._....,...._ _------- s. Non-factory Equipment $1 000" Inc d Total Premium for 2.006 CHRYSLER TOWN&COUNTRY,"WAG 4xz 4D $439.gU 4 •_ 2U21 t WAN ARMADA PLATINUM UTL 4DR,VIN:JN8021)MM9370532 Garaging Address: 858 Kiribrae ve,Hacienda Heights,CA,91745-1322 Primary Use of the Vehicle:. Pleasu"rep ' ' Current Term Annual.Mileage: Renewal Term Annual Mileage: 12,000k ' Current Term Mileage Program: Estfrrtaletl 3�k' Rene' aC Term Mileage Prpgrain: Estimated " Coverages Limits Premium ....... z •. ...•.._ _................_.._.-......_..�...._ b Baclrly Injury Liability $250,f300 eac perspn/$500,000 each Accident $418.00 Property Damage f iability '1001)Q each Accident .. ........I......... .._... ,..... .. ... ... ......... ..... x Uninsured/Underinsured Motorist Bodily $100,000 665 Person/$300,000 each Accident $56.00 fn ur Uninsured Motorist Property Collision Dedtctible Waiver Applies $2.00 Damage/Collision Deductible Waiver F3 _........... . ..... -------- Medical Payments $5,boo 6E aPersonleach Accident $3 00 . ......•. i .-... ......................................... ...._.._._.................._.... ...... Comprehensive` Actual Cas i alue Less$250 Deductible $92.00 ,� �,.. -i i t Collision ..... Actual Cashalue Less$500 Deductible $254.00 frq� ,1 i : r h Rental $40 each Na Maximum 30 DaYs $27.00 f=actory Equipment $3,000 ... . .. ...... -- tTotal Premium for 2021. NISSAN ARMADA PLATINUM UlL 4DR $852.00 2023 LEJ(U5 ES 300H BASE 300 5ED 4DR,VIN:58AEA1C1.(1PUn3 317 ' if Garaging Address 858 Kinhr` ve,Hacienda Heights,CA,917,45-1322 Primary Use of the Vehicle: Pleasure + a, Current Term Annual Mileage: Renewal Term Annual Mileage: 1i,000; Current`ferm Mileage.Program' Estimated Fteneuvai Term .Mileage Program: Estirriated, s .. s 1 Coiieraiges Limits Premium Badii In u i....... lt:.. $ lilt 10q p00 a person/$500,000 each Accident $305.00 Y zs0,a Property Damage Liab y _ ... $ 00 a Accident uninsured/Underinsured Motorist Bodily $100,000 0 Person/$300,000 each Accident $53.00 Uriins`ured Motorist Property l , Colision De uctible Waiver Applies $2.00 ¢ ¢ lj M 'N`Daroage/Collisian Deductible Waiver �setf cE pay[rients $5,000 eac arson/each Accident $5 00 . r, a� - �v Cs 5 d bi $80 00 .^- t y' o eensVe ° _ Ac ual s aloe Les $2 0 De uctt _e S � Actusl`,Cas aloe Less��5g0 Deductible $342 00 i mmw3' $40 eac ilrlaximum 30 Days $27 00 � k� S'4Y f kC� 1000 r eluded qqIp% t I, �� x .=i qK 1 i�. . = $814.00 Q �P ,�i�urn�Or�2�23 LIwXUS S 3�� �Y , U, � 'PS, - P eA �lericles � �t r � i � ;� 3 $3,135 00 $4 40 tax a_.t�,�'J r. t idr � r✓ �'ra 4 "x page of 4 i u _ ..•.r s: �:..�^,.u.�h�- W�-A ",tik:�',a �.�.- r:,�. �.a� ,. r�. .�.,r.,.�an�� s � .�i .%', � - ._. � �