Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
BARTS CARTS (BARTS KARTS, INC.) (2)
INSURANCE NOT ON FILE WORK MAY NOT PROCEED N`2026-081 CITY CLERK DATE: APR } 72026 AGREEMENT WITH BARTS KARTS, INC. TO PROVIDE L;brar (�} FOOD VENDING AT CITY LIBRARY EVENTS �sy 1an p�tr;n (�2) THIS AGREEMENT is made and entered into on this 15th day of January, 2026 by and between Baits Karts, Inc., a California corporation dba Barts Carts ("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 having special skill and knowledge in the field of. providing quick service food vending for City Library events, beginning with the Dia de los Nihos, Dia de los Libras event on April 25, 2026. 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 a. Vendor shall perform the tasks and obligations set forth in Exhibit A, attached hereto and incorporated by reference. Such obligations include, but are not limited to, providing food servings to attendees at Library events, beginning with the Dia de los Ninos, Dia de los Libras event at the Main Library, 26 Civic Center Plaza, Santa Ana, CA 92701 on April 25, 2026 from 10:30am to 2:00pm. b. City grants vendor the right to enter its property for the purpose of setup, operation, and pick-up on the days of the scheduled events. 2. COMPENSATION a. City agrees to pay, and Vendor agrees to accept as total payment for its services for City, the rates and charges identified in Compensation - Exhibit B, attached hereto and incorporated by reference. The total amount to be expended during the term of this Agreement shall not exceed $20,000.00. 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 set Page 1 of 8 forth in the Recitals and Scope of Work, which may reasonably be expected by City. 3. TERM This Agreement shall commence on April 25, 2026 and will terminate on June 30, 2027 unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Vendor shall, during the entire term of this Agreement, be construed to be an independent Vendor 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. 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 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 which were provided to Vendor by the City. City shall not be limited in any way in its use of the Documents and 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 Insurance requirements are attached hereto as Exhibit C. 7. 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, its subcontractors, agents, employees, or other persons acting Page 2 of 8 on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The 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 out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Vendor. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Vendor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Vendor to the City pursuant to this Agreement. 9. 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 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. 10. 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 Page 3 of 8 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. 11. CONFLICT OF INTEREST CLAUSE a. Vendor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. b. No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as defined under the City's Municipal Code, whose position with the City shall award or influence the award of this Agreement, or any competing contract or amendment thereof, shall be employed in any capacity by the Vendor or have any other direct or indirect financial benefit or interest in this Agreement. c. The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any former full-time employee for one-year from date of employee separation except for any Ca1PERS retiree as authorized by City Council resolution d. The Vendor must comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement. The Vendor warrants that it is not now aware of any facts which conflict with the prohibitions defined above. If the Vendor hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it must immediately mare full written disclosure of such facts to the City. Full written disclosure must include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of paragraph will be a material breach of this Agreement. e. Vendor covenants that none of its directors, officers, employees, or agents shall participate in selecting or administrating any subcontract supported (in whole or in part) by City funds stemming from the Agreement where the awarding of the subcontract has any direct or indirect financial benefit or interest to any individual, as defined in subsections (b) and (c) above. 12. 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, Page 4 of 8 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. 13. EXCLUSWITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Vendor, 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 is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Vendor, Vendor may not assign, transfer, delcgate, 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 which are the subject to this Agreement performed by City personnel or by other Vendors retained by City. 15. 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(s) 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 which fails to meet the standard of performance specified in the Recitals of this Agreement. 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 Page 5 of 8 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. 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. 18. 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. 19. 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 With courtesy copies to: Executive Director, Library Agency City of Santa Ana 20 Civic Center Plaza (M-42) P.O. Box 1988 Santa Ana, California 92702 Pax: 714-571-4261 Page 6 of 8 To Vendor: Barts Karts, Inc., dba Barts Carts Attn: Brett Klein, Owner 324 W. Florence Ave. Inglewood, CA 90301 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 time frames, weekends, federal, state, County or City holidays shall be excluded. 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. [signature page follows] Page 7 of 8 SIGNATURE PAGE TO AGREEMENT WITH BARTS KARTS, INC. TO PROVIDE FOOD VENDING AT CITY LIBRARY EVENTS IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: onathan T. Martine Assistant City Attorney RECOMMENDED FOR APPROVAL: Brian Sternberg Executive Director Library Services Agency CITY OF SFANTA Alvaro Nunez City Manager VENDOR: Preee ICf2rh 811n Nlrin D1122, zazs 14iM.29 Ps1 Brett Klein Owner Page 8 of 8 EXHIBIT A SCOPE OF SERVICES VENDOR INFORMATION: BARTS KARTS, INC. DBA Barts Carts 324 W. Florence Ave Inglewood, CA 90301 Phone Number: (310) 842-8266 Email: salesna,barts carts. com EVENT: Dia de los Ninos, Dia de los Libros (Children's Day, Book Day) 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 Branch Library, 505 E. Central Ave., Unit B, Santa Ana, CA 92707 • Jerome Park Outdoor Library, 2115 W. McFadden Ave, Santa Ana, CA 92704 TERM: Saturday, April 25, 2026 — Wednesday, June 30, 2027 COMPENSATION: Not to exceed $20,000.00 DESCRIPTION: This vendor shall provide food -catering services for the department's city -sponsored events at the Santa Ana Public Library sites. Barts Carts will provide its food catering services on Saturday, April 25, 2026, from 10:30 am to 2:00 pm at the Main Library, 26 Civic Center Plaza, Santa Ana, CA 92701, during the Dia de los Ninos, Dia de los Libros event. Food will be selected, purchased by the library, and provided free of charge to attendees. Upon request by the City, the contractor shall provide an invoice or quote in writing, detailing the requested services, including location, addition or removal of services, and costs. Both parties will agree on future event dates and quantities. The City will be responsible for setting up the space for the patrons attending and advertising the event. The vendor will be responsible for providing all equipment, materials, supplies, and personnel necessary to offer the service. The vendor is aware that payment is made after services are rendered, as noted in the agreement. City staff will be present at all times during the service. Fee /� r�a`r►ar �►� rasp .a: 80ing InlollmMon Santa Ana Public Library 26 Civic Center Plaza. Santa Ana. CA 02701 EXHIBIT B COMPENSATION ncluding hourly rates if applicable Evenr are Invoice 4i2512026 �5 Service location Santa Ana Pubbe Library 2e Civic Center Plaza, Santa Ana, CA 92701 'Co cont3tt Man contact 0 ice. t q ae'v ce "me 7 el.very se'. p m W -ests C"W ieac p SestC3Rett=dex -1454"-1-1II- -1464--1,i:- 10:23,:;u ...._ T8 CITY Dewppton Pate AMT 2 Hot DW Cart w Jmber¢ysterno powered jn*ax sere, 150+fir. ( 125.00 150OOI 2 Pretzel Cart with dtsplaycm and oven- req 15 amps {max sere 15(1,hr1 125,00 250.0or i Delivery- 40 MILES — 200.00 -IN00 6 Attendants. Serve time + STAFF TRAVEL 2%.00 1.500.00T 400 Hetrew N3"rW Beef Hot Dog w;ketrhup, mustard, onions & relish (Order min 40 3.9 1L4000OT serv+ngs) 400 Soft Pretzels w1mustard (25ortWxw* of plain, sahed & garlic parmesan served 3.00 1?t10.00r vi tnustani (Mot order 1DD) 1 LARGE 0504`N Super Quite Honda Generator 250.00 250.00 - t Yx W Food both (TFF) wI 3 sereen watts (I vw2 service windows y 3 solid back wall 225.00 450.00 includes hand washing staton 2 Orange County TFF Pe nets- '"preparing food" 0.00 0.00 1 Surcharge 103.1E 103.18 tmpoftantinformataon aboutyourevent_ Event setup For the safety of your guests and our staff. our equipment cannot be nhed up steps or stairs. Pkase decide m advance the area you want us to setup and that power (if needed) is available.. Final changes to your order must be made 7 days before your event date. Deposit d Payments. Unless you have an credit account with Bags Carts, Inc, we require a deposit of W% upon booking and payment in full 10 days prior to your event Phone. 310 892 926E Email sales#bartacarts.com EXHIBIT C Sub Tatal 55.603.18 Tax (9.2_. $425 50 Total 56.03-61i Payments so.06 Balance $6.029.68 #19793v18 EXHIBIT C Barts Carts ("Contractor") shall procure and maintain for the duration of the agreement, the following insurance coverages: MINIMUM SCOPE AND LIMIT OF INSURANCE Contractor 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. 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, provided that such policy is endorsed for business use and provides coverage with a minimum limit of $1,000,000. Required policy limits can be met with primary and umbrella/excess insurance policies. Workers' Compensation (WC): 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 Contractor has no employees. If Contractor 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 Contractor. 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: 1. CGL 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 Contractor including materials, parts, equipment, and personnel furnished in connection with such work or operations. 2. CGL, AL, and WC 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 Contractor for City. 3. All required insurance policies: For any claims related to this contract, 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. All required insurance policies: A severability of interest provision must apply for all the additional insureds, 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. 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. 6. 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 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. 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. Versification of Coverage Contractor 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 Contractor'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: 1. The retroactive date must be shown and must be before the date of the contract 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 contract effective date, Contractor must purchase "extended reporting" coverage for a minimum of three (3) years after completion of work. Subcontractors Contractor shall require and verify that all sub -contractors maintain insurance meeting all the requirements stated herein, and Contractor 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. Barts Karts Agreement (2026-2027) - APPVD AS TO FORM Final Audit Report 2026-01-22 Created: 2026-01-21 By: Dylan Dario (ddario@santa-ana.org) Status: Signed Transaction ID: CBJCHBCAABAAgiy4lwllnY-SSyz9HA65gnQEB8gXg1DC "Baits Karts Agreement (2026-2027) - APPVD AS TO FORM" Hi story 5 Document created by Dylan Dario (ddario@santa-ana.org) 2026-01-21 - 11:09:26 PM GMT C'Y Document emailed to Brian Sternberg (bsternberg@santa-ana.org) for signature 2026-01-21 - 11:09:31 PM GMT Email viewed by Brian Sternberg (bsternberg@santa-ana.org) 2026-01-22 - 0:53:22 AM GMT cep Document e-signed by Brian Sternberg (bsternberg@santa-ana.org) Signature Date: 2026-01-22 - 0:55:36 AM GMT - Time Source: server Document emailed to Brett Klein (sales@bartscarts.com) for signature 2026-01-22 - 0:55:38 AM GMT Email viewed by Brett Klein (sales@bartscarts.com) 2026-01-22 - 10:03:40 PM GMT Q Document e-signed by Brett Klein (sales@bartscarts.com) Signature Date: 2026-01-22 - 10:06:29 PM GMT - Time Source: server Agreement completed. 2026-01-22 - 10:06:29 PM GMT Q Adobe Acrobat Sign Policy Number: Date Entered: 01/07/2026 ACORO®CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 2/12/2026 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 Richard Fucci Insurance 214 MAIN ST #457 EL SEGUNDO, CA 90245 CONTACT Rick FuCC1 NAME: AICNNo Ext: (310) 529-0695 FAX, No: ) — E-MAIL rickfucci@outlook.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: NATIONAL LIAB & FIRE INS CO 20052 INSURED KARTS CARTS, INC NAUTILUS INSURANCE CO INSURER B 17370 INSURERC: NAUTILUS INSURANCE CO 17370 INSURERD: ICW GROUP INS SERVICES 16386 324 W Florence Ave Inglewood, CA 90301 INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR OF INSURANCE ADDLTYPE INSp WVpSUBI POLICY NUMBER /Y POLICY EFF MM/DDYYY POLICY EXP MM/DD/YYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1 , 000 , 000 B CLAIMS -MADE ® OCCUR X X NN11853893 6/4/2025 6/4/2026 DAMAGE TO RENTED PREMISES Ea occurrence $ 100 000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2 r 000 , 000 POLICY JECOT LOC PRODUCTS -COMP/OP AGG $ 2 , 000 , 000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 A ANY AUTO 73 APS 115601-03 12/21/2025 12/21/2026 BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Pera ccident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY UMBRELLA LIAB OCCUR X EACH OCCURRENCE $ 2 , 000 , 000 AGGREGATE $ 2 , 000 , 000 C EXCESS LIAB CLAIMS -MADE AN12 61815 6/4/2025 6/4/2026 DED RETENTION $ $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? Y❑ (Mandatory in NH) N/A WVE508650700 10/3/2025 10/3/2026 PER OTH- STATUTE I I ER E.L. EACH ACCIDENT $ 1 , 000 , 000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) 30 DAYS NOTICE OF CANCELLATION FOR NONPAYMENT OF PREMIUM' CERTIFICATE HOLDER & ALL LISTED BELOW ARE ADDITIONAL INSURED ** "City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds". APPROVED By Tu Tran Nguyen at 8:51 am, Apr 09, 2026 CERTIFICATE HOLDER CANCELLATION Attention: Library Services, Dylan Dario 20 Civic Center Plaza, M-42 Santa Ana, CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD NAUTILUS INSURANCE COMPANY CA POLICY NUMBER: NN1853893 Named Insured: Barts Carts, Inc. Endorsement Effective Date: 04/02/2026 Endorsement Type: other ENDORSEMENT # 2 Agency # 04 830 0 GORST & COMPASS INSURANCE 5850 Canoaa Avenue Suite 650 Woodland Hil1S.CA 91367 GENERAL CHANGE ENDORSEMENT The name of Additional Insured "Santa Ana public Library" is hereby amended to "City of Santa Ana, its City Council, officers, official, employees, agents, and volunteers" per revised form CG 20 12(12/19) attached. Tax & Fee Schedule $ PREMIUM: No Change $ 0.00 Total Taxes & Fees $ 0.00 TOTAL AMOUNT DUE $ 0.00 All other terms and conditions remain unchanged 04/08/2026 Date Issued: Authorized Representativ S901 (06/22) Includes copyrighted material of Insurance Services Office, Inc., with its permission. POLICY NUMBER: NN1853893 COMMERCIAL GENERAL LIABILITY CG 2012 12 19 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, its City Council, officers, official, employees, agents, and volunteers 20 Civic Center Plaza, Santa Ana, CA 92701 Information required to complete this Schedule if not shown above will be shown in the Declarations _I A. Section II — Who Is An Insured is amended to include as an additional insured any state or governmental agency or subdivision or political subdivision shown in the Schedule, subject to the following provisions: 1. This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. However: a. The insurance afforded to such additional insured only applies to the extent permitted by law; and b. 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. 2. This insurance does not apply to: a. 'Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or b. 'Bodily injury" or "property damage" included within the "products -completed operations hazard". 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; whichever is less. This endorsement shall not increase the applicable limits of insurance. CG 20 12 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 CG 20 01 12 19 COMMERCIAL GENERAL LIABILITY 1'H!5 ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) -- AUTOMATIC STATUS WHEN REQUIRED IN WRITTEN CONTRACT T),,ls endorsement provided under the foflmvir,t)l Cr, �MMGRCIAL GENERAL LiA BIL;TY COVERAGE PART iz, acoecl t) 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Commercial General Liability Conditions: you have waited ,,our ngnl of ff4wvey against a person or organization in a written contract signed and cfatac by both parties. we any right of recovery against that person or crganization because of payrrnmnt %&e make for injury or uanjage causL-d, in Nyhole or in part, by your acts or ornissions, or the acts or omissions of those 3V,1n)- on your behaif in the performance of your ongoing operations or "your work" done under such, -viitlen Cceltlact with that Person or orpm�zation and included in the "products -completed operations hazard'. Such .,, nL �v,.:r app!;vs only to the extent you have waived your right of recovery against such person or organization prior - the ioss k! c—e.r tvrns an;, conditions romain uncilangeo. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 34 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - BLANKET We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us). The additional premium for this endorsement shall be otherwise due. Person or Organization ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED IS REQUIRED UNDER WRITTEN CONTRACT TO FURNISH THIS WAIVER. 2 % of the total California Workers' Compensation premium Schedule Job Description This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 10/03/2025 Policy No. WVE 5086507 00 Endorsement No. Insured BARTS CARTS, INC Premium $ INCL . Insurance Company INSURANCE COMPANY OF THE WEST Countersigned By WC 99 06 34 (Ed. 8-00) INSJREO Nguyen, Tu Tran From: Chandler, Brandon Sent: Thursday, April 2, 2026 7:46 AM To: RM D Cc: Nguyen, Tu Tran Subject: RE: Request for COI Review BARTS CARTS, INC Good morning, This is approved to waive the requirement. Thank you. Brandon Chandler I Risk Manager City of Santa Ana - Human Resources Department 20 Civic Center Plaza Santa Ana, CA 92701 Office: 714-647-5472 Work Mobile: 714-451-6620 Email: bchandler(aD-santa-ana.org I santa-ana.org/human-resources I Linkedln Instagram City Hall hours are 8 a.m. to 5 p.m. Monday through Thursday, and 8:00 a.m. to 5:00 p.m. every other Friday. Click here for a list of observed holidays and Friday closure dates. The mySantaAna mobile app puts the power of the Santa Ana city government in the palm of your hand! The free app allows residents to quickly and easily report issues to the City, access City services, and find news and events. It is available to download from the Apple App Store and on Google Play. Click here to report an issue directly from the City website. From: RMD <rmd@santa-ana.org> Sent: Wednesday, April 1, 2026 4:25 PM To: Chandler, Brandon <bchandler@santa-ana.org> Subject: FW: Request for COI Review BARTS CARTS, INC Hi Brandon, Library is requesting Risk to waive the Additional Insured and Waiver of Subrogation endorsement for the Auto Liability. Attached is the agreement along with their COI. Please advise. Kind regards, Tu Tran Nguyen I Risk Management Technician City of Santa Ana - Human Resources Department 20 Civic Center Plaza I Santa Ana, CA 92701 Office: 714-647-5141 Email: TNguyen20(a)-santa-ana.orq I santa-ana.orq/human-resources I Linkedln Instagram City Hall hours are 8 a.m. to 5 p.m. Monday through Thursday, and 8:00 a.m. to 5:00 p.m. every other Friday. Click here for a list of observed holidays and Friday closure dates. The mySantaAna mobile app puts the power of the Santa Ana city government in the palm of your hand! The free app allows residents to quickly and easily report issues to the City, access City services, and find news and events. It is available to download from the Apple App Store and on Google Play. Click here to report an issue directly from the City website From: Dario, Dylan <ddario@santa-ana.org> Sent: Wednesday, April 1, 2026 1:07 PM To: RMD <rmd@santa-ana.org> Cc: Arroyo, Lupita <LArrovo@santa-ana.org>; Hernandez, Jessica <ihernandez25@santa-ana.org> Subject: Request for COI Review BARTS CARTS, INC Good afternoon RMD, Regarding this COI Review request- The vendor informed us it would be an additional $700 to have an individual additional insured and waiver of subrogation endorsement for the AL Policy. Given the additional cost the Library is requesting approval to waive those requirements and accept the insurance documents as is. Thank you! Request Type (check only one): ❑ Standard COI Review — Risk Management will review and approve insurance documents submitted. This applies to PO, Event, RE Permit, and Agreements. ❑ Renewal COI Review— Risk Management will review and approve renewal insurance documents submitted. This applies to PO, E Reservations, Permit, and Agreements. Please attach insurance requirements and previously approved COI(s). X Request Insurance Requirements - Risk Management will provide insurance requirements for agreements and RFPs. ❑ Review Agreement/RFP Language - Risk Management will review Insurance, Indemnification/Hold Harmless, Limitation of Liabil of agreements and RFPs. Aii fields required to advance the process — do not delete or modify. City Contact Department: I Library Services Project Manager Name: Dylan Dario Project Manager Email: ddario@sar Contract Details: Business Name: I BARTS KARTS, INC. Agreement Number and Agreement Pending Link: Brief description of services: Food vending services Contractor/Insured Contact Contact Name: Brett Klein Contact Email Address: sales(@bartscarts.com 310-842-8266 Contact Phone: Insurance Contact (may be found at top right of the ACORD form) Contact Name: Rick Fucci Contact Email Address: rickfucci@outlook.com Contact Phone: 310-529-0695 Dylan Dario I Management Aide Santa Ana Public Library 1 26 Civic Center Plaza 714-647-5118 1 ddario@santa-ana.org 4 f A i Santa Ana, CA 92701 4 Tu Tran Nguyen I Risk Management Technician City of Santa Ana - Human Resources Department 20 Civic Center Plaza I Santa Ana, CA 92701 Office: 714-647-5141 Email: TNguyen20(aD-santa-ana.orq I santa-ana.orq/human-resources I Linkedln I nstagram City Hall hours are 8 a.m. to 5 p.m. Monday through Thursday, and 8:00 a.m. to 5:00 p.m. every other Friday. Click here for a list of observed holidays and Friday closure dates. The mySantaAna mobile app puts the power of the Santa Ana city government in the palm of your hand! The free app allows residents to quickly and easily report issues to the City, access City services, and find news and events. It is available to download from the Apple App Store and on Google Play. Click here to report an issue directly from the City website From: Dario, Dylan <ddario@santa-ana.org> Sent: Wednesday, April 1, 2026 1:07 PM To: RMD <rmd@santa-ana.org> Cc: Arroyo, Lupita <LArroyo@santa-ana.org>; Hernandez, Jessica <ihernandez25@santa-ana.org> Subject: Request for COI Review BARTS CARTS, INC Good afternoon RMD, Regarding this COI Review request- The vendor informed us it would be an additional $700 to have an individual additional insured and waiver of subrogation endorsement for the AL Policy. Given the additional cost the Library is requesting approval to waive those requirements and accept the insurance documents as is. Thank you! Request Type (check only one): • Standard COI Review— Risk Management will review and approve insurance documents submitted. This applies to PO, Event, RE Permit, and Agreements. • Renewal COI Review — Risk Management will review and approve renewal insurance documents submitted. This applies to PO, E Reservations, Permit, and Agreements. Please attach insurance requirements and previously approved COI(s). X Request Insurance Requirements - Risk Management will provide insurance requirements for agreements and RFPs. 0 Review Agreement/RFP Language - Risk Management will review Insurance, Indemnification/Hold Harmless, Limitation of Liabil of agreements and RFPs. Ail fields required to advance the process — do not delete or modify. City Contact Department: Library Services Project Manager Name: Dylan Dario Project Manager Email: ddario@santa Contract Details: Business Name: I BARTS KARTS, INC. Agreement Number and Agreement Link: pending Food vending services Brief description of services: Contractor/Insured Contact Brett Klein Contact Name: salesPbartscarts.com Contact Email Address: 310-842-8266 Contact Phone: Insurance Contact (may be found at top right of the ACORD form) Contact Name: Rick Fucci Contact Email Address: rickfucci@outlook.com Contact Phone: 310-529-0695 Dylan Dario I Management Aide Santa Ana Public Library 1 26 Civic Center Plaza Santa Ana, CA 92701 714-647-51181 ddario@santa-ana.org �. 1. gjLWA Iry 1' �Fe+®—„ https://www.santa-ana.org/library The mySantaAna mobile app puts the power of the Santa Ana city government in the palm of your hand! The free app alllows residents to quickly and easily report issues to the City, access City services, and find news and events. • • . • - P • • Click here to report an issue directly from the City website. 3