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HomeMy WebLinkAboutTWIST AND SHOUT EVENTS, INC. (3) iNSURAiNCE NOT ON FILE N-2025-168 WORK MAY NOT PROCEED CITY CLERK DATE: JUL 0 1 2025 AGREEMENT WITH TWIST AND SHOUT EVENTS,INC., TO PROVIDE ON-CALL I+) alb r�l{v}q CI''� ENTERTAINMENT SERVICES AT CITY EVENTS {��4U"I+ VU4�41 THIS AGREEMENT is made and entered into this 13th day of June 2025, by and between Twist and Shout Events, hie., 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 on 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. Payment need not be made for work that fails to meet the standards of performance in the Recitals and Scope of Work, which may reasonably be expected by City. Page 1 of 9 3. TERM This Agreement shall commence on July 1, 2025 and terminate on June 30, 2026, 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,a joint 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 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. Page 2 of 9 7. INSURANCE Vendor shall procure and maintain for the duration of the agreement, the following insurance coverages: Minimum Scope and Limit of Insurance. Vendor shall maintain limits of insurance coverage in the following minimum amounts and shall be at least as broad as: • 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$1,000,000 per occurrence and.$2,000,000 aggregate. • Sexual Abuse or Molestation Liability(SAML): If 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. • Automobile Liability(AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with combined single limits of$1,000,000. In the event Contractor does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance with existing limits, which can be lower than $1,000,000. • Workers' Compensation (WIC): 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, per employee, per policy for bodily injury or disease. This requirement can be waived if Vendor has no employees. • If Vendor maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Vendor, Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: • CGL, SAML and AL policies: City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Vendor including materials, parts, equipment, and personnel furnished in connection with such work or operations. • All required insurance policies: Insurance company(ies) agrees to waive all rights of subrogation against 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 Vendor for City. • All required insurance policies: For any claims related to this contract, Vendor's insurance coverage shall be primary and any insurance maintained by City, its City Page 3of9 Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. • All required insurance policies; A severability of interest provision must apply for all the additional insureds, 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. • Each insurance policy required 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. • 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. The name and location of the event should be included in the Description of Operations section of each certificate. Self-Insured Retentions. Self-insured retentions must be declared to and approved by the City. City may require Vendor 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. Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City. Verification of Coverage. Vendor shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Vendor's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Claims Made Policies. If any of the required policies provide coverage on a claims-made basis: • The retroactive date must be shown and must be before the date of the contract or the beginning of work. • Insurance must be maintained and evidence of insurance must be provided for at least three(3)years after completion of work. • If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, Company must Page 4 of 9 purchase "extended reporting" coverage for a minimum of three (3) years after completion of work. Subcontractors. Vendor shall require and verify that all sub-contractors maintain insurance meeting all the requirements stated herein, and Vendor shall ensure that City is an additional insured on insurance required from sub-contractors, Special Risks or Circumstances. City reserves the right to modify these requirements, including limits,based on the nature of the risk,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 under this Agreement and any services, expenditures, and disbursements charged to Page 5 of 9 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 under this Agreement. All such records and invoices shall be clearly identifiable. Vendor 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. 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 Sei vices Page 6 of 9 City of Santa Ana 20 Civic Center Plaza(M-75) P.O. Box 1988 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 Page 7 of 9 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, 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. ATTEST: CITY OF S:)#NTA ANA ieir L al Alvaro Nunez City Manager APPROVED AS TO FORM TWIST AND SHOUT EVENTS, INC. SONIA R. CARVALHO City Attorney gy: 4 my Ne Jun 14,2025 05:25 PDT Jonathan T. Marti ez Amy Nehrig Assistant City Attorney Chief Executive Officer RECOMMENDED FOR APPROVAL Brian Sternberg Executive Director Library Services Page 9 of 9 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: twistandshoutonline&Smail.com Website: hops://twistandshoutevents.coin/ 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 • Delhi Library, 505 East Central Avenue, Santa Ana, CA 92707 • Jerome Park, 2115 W McFadden Ave, Santa Ana, CA 92704 TERM: July 1, 2025 through June 30, 2026 COMPENSATION:Not to Exceed $6,000 DESCRIPTION: This vendor may provide on-call entertainment services including but 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, 2025 through June 30, 2026. The total amount for this agreement shall not exceed$6,000. Twist and Shout will be providing one of the services on Saturday, April 25, 2026 from 10:30 am to 2:00 pm during the Dia de los Nifios, 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 https://twistandshoutevents,co�m pricing Basic Standard TravelFees 'There is a Travel Fee starting at$35 Outside of North/Central Orange Counttj and Long Beach Area ipluase call for avallabilitg for San Clemente,Dana Point,Riverside and North Los Angeles Area"' - z Hours 3 Hours ;z65.00 ;383.00 r Hbur-Face Aamtirig i.5 Hours-Face Fainting t Hburs-Face Painting �Nour-BalEuna T.visnng ___ r.5 Hours-Balloon Twistirrg z Hours-balloon iw�snng CHenna and Glitter Tattoos maybe Vurbrush TdiYb05,Henna and Glit[er IP:irtuus�l Tattoos,Henna and Glitter substituted) Tattoos may be subsvtutedl Tattoos may 6e su6stitutedl Add additisxraE services[o your event Add additional servirss io yow event Add additiorta!services to youe event Bonk Now Seek IVew Caricature Caricature Caricature Artists Artist Artist z Hours 3 Hours y Hours ;3t5.00 ;435.0o s555 Bank z Hours a€Caricature Book;Hours of Caricature Book 4 Hours of Caricature Artist Artist Artist z Hour Photo 3 Hour Photo 4 Hour Photo Booth Package Booth Package Booth Package 2 Hours 3 Hours 14 Hours $525 S6z5 S725,W a hours of Service with Attendant 3 hours of Service with Attendant 4 hours of Service with Attendant (Unlimited Sessions) (Undinuted Sessions) (Unlimited Sessions) Photo Booth Rental - Photo Booth Rental - Photo Booth Rental • Photo Booth Attendant - Photo Booth Attendant -Photo Bootie Attendant .Props - Props • props • Link after the event with all Photos - Link after the event vnth all Photos Link after the event with all Photos • Choice of Premium Backdrops • Choice of Premium Backdrops • Choice of Premium Backdrops - Digital Booth with choice of photo, Digital Booth with choice of photo, - Digital Booth with choice of photo, video,boomerangs,or M. video,toomerangs,or Bits. video,Wurnerangs,or g ifs_ Photos sent irmiediately to your guests Photos sent immediately to your guests Photos sent immediately to your guests via text message,entail,or social media via text message,emal,or social media via text message,email,or social media - Custom template created for your - Custom template created for your -Custom to mplaee created for your event(we can use your invitation or create event(we can use your invitation or create event ewe can use your invitation or create one for you!) one for you!1 one for you!) `•.unlirrtited print option for an additional "unlimited print option for an additional "•'unlimited print option for an additional Stoo.00-•- SrzS oo... 1150 no" Birthday Birthday Blow Bomb Up Package#i Package#2 Slz5.00 S165.00 Come let us birthday bomb your house with includes the Birthday BDmb Signs AND a Includes The Birthday Bump Signs,The fun signs to let the whole neighWiftl icd Miniarch and z Balloon Topiaries in front of Birr Way Bluw Up Balloons and a standard know iCs ytxtr special person's birthday. your house_ arch to stand under? What's Included-Delivery,Set-up and Tear 111hat's Included:Delivery,Set-up and Tear Down of Birthday Rental Signs. YYhat's Included:Delivery,Set-up and Tear Down of Birthday Renal Signs. Down of Birthday Renter Signs.Balloon DecoratiominberweenaltMesigm AND■ standard arch to walk through. Book The Birthday Bomb Book The Birthday Blow Up Standard Arch Organic Garland Organic Arch 8 Feet Tall and 10 Feet Wide (14 F00t) Standard Medium(exto) StiS•� S230.00 1.2z500 �JK• • r J 4 (Afferent size Orgarue Garlands: Organic.Arches: O 4 feet:Sao Organic Deluxe Arch(Wk12 Feet):IM.co a feet:$1220 Extra Large Arch:12 Feet Tait and 16 Feet w Feet Sus Wsh Ssr5 oo 12 Feet.$205 This arch can have up to 4 Colors when u Feet$25o spirded m as many colors as you vimilil kke 1a Feet:S245 withuut a swat. Different size arches: Deluxe Arch:to Feet Tall and t2 Feet Wide Sea Extra Large Arch:12 Feet Tall and na Feet Wide SSoo.00 Drive Thou Arch(14 feet tall X 20 feet wide) $375-00 Book Naw! Book Bowl Book Now ejJ Organic Ring 2 Columns Puff Arch S3a5•� S150.00 `Fi��Lja t •s Book Your Organic Ring Wok 2 Balloon Columnsl Book Your Puff Archl Twist and Shout Events (2025) APPVD AS TO FORM Final Audit Report 2025-06-14 Created: 2025-06-13 By: Dylan Dario(ddario@santa-ana.org) Status: Signed Transaction ID: CBJCHBCAABAA51PLjRiAQ3zVU8sVYXhBxOxpmlmii2Zd "Twist and Shout Events (2025) - APPVD AS TO FORM" History 0 Document created by Dylan Dario (ddario a@santa-ana.org) 2025-06-13-7:51:33 PM GMT E� Document emailed to Brian Sternberg (bsternberg@santa-ana.org)for signature 2025-06-13-7:51:38 PM GMT 0 Email viewed by Brian Sternberg (bsternberg@santa-ana.org) 2025-06-13-7:51:51 PM GMT &Q Document e-signed by Brian Sternberg (bsternberg@santa-ana.org) Signature Date:2025-06-13-8:49:28 PM GMT-Time Source:server Document emailed to Amy Nehrig (twistandshoutonline@gmail.com)for signature 2025-05-13-8:49:30 PM GMT f�l Email viewed by Amy Nehrig (twistandshoutonline@gmail.com) 2025-06-13-10:47:26 PM GMT o Document e-signed by Amy Nehrig (twistandshoutonline@gmail.com) Signature Date:2025-06-14-12:25:09 PM GMT-Time Source:server © Agreement completed. 2025-06-14-12:25:09 PM GMT Adobe Acrobat Sign ACOR" CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDNYYY) 06/30/2025 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 Event Helper Customer Service Gaslamp Insurance Services CONN. Ext: (530)477-6521 a/c,No DBA Event Helper Insurance Services E-MAIL info theeventhel er.com P ADDRESS: @ P - PO Box 1549 INSURER(S)AFFORDING COVERAGE NAIC# Grass Valley CA 95945 INSURER A: Evanston Insurance Company 35378 INSURED INSURER B: Twist and Shout INSURER C: c/o Amy&David Nehrig INSURER D: 7567 Quiet Cove Circle INSURER E: Huntington Beach CA 92648 INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICYNUMBER MM/DDNYYY MM/DDNYYY X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 DAMAGE CLAIMS-MADE � OCCUR PREM SESO(EaE ccurrrrence) $ 100,000 Host Liquor Liability MED EXP(Any one person) $ 5,000 A Retail Liquor Liability Y Y 3DS5476-M4930989 06/07/2025 06/07/2026 PERSONAL&ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: 12:01 AM 12:01 AM GENERALAGGREGATE $ 5,000,000 X POLICY❑ PRO- ❑ JECT LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: Deductible $ 1,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident UMBRELLA LAB OCCUR EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER 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,maybe attached if more space is required) Certificate holder listed below is named as additional insured per attached MEGL 2217 01 19.Attendance: 1875, 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. Tu Tran D19'tallys'9ned by Tu Tran Nguyen Nguyen iD531 902-0700? APPROVED CERTIFICATE HOLDER CANCELLATION By Tu Tran Nguyen at 3:38 pm,Aug 12,J2025 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attention: Library Services, Dylan Dario ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza, M-42 Santa Ana,CA 92701 AUTHORIZED REPRESENTATIVE CA 92701 .te'f, ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY gig POLICY NUMBER: 3DS5476-M4930989 MARKED 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, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds 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 required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. MEGL 2217 0119 Includes copyrighted material of Insurance services Office, Inc., Page 1 of 2 with its permission. 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, Inc., Page 2 of 2 with its permission. POLICY NUMBER: 3DS5476-M4930989 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 (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 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: 3DS5476-M4930989 COMMERCIAL GENERAL LIABILITY CG 24 04 12 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 PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): City of Santa Ana,its City Council,its officers,officials,employees,agents, and volunteers are to be covered as additional insureds 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. CG 24 04 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 CITY OF SANTA ANA Risk Management a division of Human Resources Managing Risk through Awareness and Action AFFIDAVIT OF EXEMP110N k-( )R WoRKERS' COMPENSATION INSURANCE 1, A ("Representative"),attest that I am an authorized G me and Title of V t or Rcpreseatativc) 1 representative of ("Company"), and (C:onsultanuC'umpany 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 kJ A- ("Agreement")to provide I fn^ A)11�iho (.`Services"): (Service t be provided under agm6fritleonmico 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 an id and Company be fully liable for any and all damages. Si to 'e Date � l Print Name Title 5 3:7 i�or1 h'yuI C Contac lnfartnation,i.c.,Telep one Number undlor Email Address l 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(S I00,000). IN ADDITION TO THE COST OF COMPENSATION.DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, fNTEREST,AND ATTORINEY'S FEES. Affidavit of Exemption for Workers'Compensation Insurance 11.12.2024 CITY of SANTA AN RiSK MANAGEMENT a division of HUMAN RESOURCES Managing Risk through Awareness and Action `�,��.aF Agreement to Indemnify, Hold Harmless and Defend Title of Event/Activity: Event Date: Description of Event/Activity: w �U Business or organization Name: 1an U6VIfT-2 Full Warne of Authorized Representative of Business/Organizatio 6rykf Title of Authorized Representative: o 'i +l r' On behalf of the above named Business or Organization, the undersigned represents that he/she/they has full authority to bind said Business or Organization. The undersigned further agrees, on behalf of the above named Business or Organization, to indemnify, defend and hold harmless the City of Santa Ana, its City Council, officers, officials, agents, volunteers and employees from and against all suits or actions and from any claims, loss, damage, liability, cost or expense, including reasonable attorney's fees, for personal injury, death, and property damage which may arise from the direct or indirect operations of the Business or Organization named above or it contractors, sub-contractors, agents, employees, volunteers, or other persons acting on their behalf while participating in the above titled Event/Activity. M �A LAO? Authorized Represen ON e sit natu °of, chorized -pi -eniative pate of Business or or n nation([Tint>~i®me7 of Busines r anirativn CITY OF SANTA ANA Risk Management a division of Human Resources Managing Risk through Awareness and Action 2 AFFIDAVIT OF EXEMPTION FOR AUTOMOBILE LIABILITY INSURANCE ("Representative"),attest that I am an authorized (Name an Title of Vendor Repr Vtive) ��'� representativ f �� ` �Z7� ("Company„),and (Consul tant/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 LL ("Agreement")to provide ("Services"): (Services to be provided under agreement/ontract During the course and scope of Company's agreement with the City of Santa Ana, I 1 Company employees,consultants,representatives,and agents will not use and/or drive any Company owned/rented/leased/borrowed vehicles to perform Services to,for,or on behalf of City of Santa Ana. 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 automobile 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 Signature Date l i Print Name Cdo j Title 0/ � ) 7- 7 �z4 zz �- Z5, �) Contact formation,i.e.,'Telephone Num er and/or Email Address Affidavit of Exemption for Automobile Liabilitv Insurance 11.12?rn4