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HomeMy WebLinkAboutRICHARD THE MAGICIAN (MAGIC MAKERS ENTERTAINMENT) N-2026-111 3 j no I ko2i- MAY AGREEMENT WITH MAGIC MAKERS ENTERTAINMENT TO PROVIDE �vp++� PalumureStDi) LIVE MAGIC SHOWS FOR VARIED CITY EVENTS THIS AGREEMENT is made and entered into on this 7"'day of May,2026 by and between Magic Makers Entertainment dba Richard the Magician("Performer"), 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 Performer having special skill and knowledge in the field of providing live magic shows for varied City events on behalf of the City's Parks,Recreation, and Community Services Agency. B. Performer represents that it is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Performer represents that it is knowledgeable in its field and that any services performed by Performer under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. i 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. Performer shall perform the services that are described in Exhibit A, attached hereto and incorporated by •reference. To schedule services other than those specifically references in Exhibit A, Performer will provide a quote to City detailing services and costs for the event,and City will provide a letter agreement to Performer,to be executed by the Executive Director of Parks, Recreation, and Community Services, or their designee and Performer. Work by Performer may not proceed without a letter agreement, signed by the parties,for a scheduled Event. b. City grants Performer right to enter its property for purpose of delivery, set-up, operation, and pick-up on the days of scheduled Events. i c. The equipment shall be disassembled and removed by Performer at the conclusion of each Event. d. City shall have the sole discretion as to engagement of Performer for services/events not detailed in Exhibit A.The City reserve the right to administratively change events, locations, dates or services for any mutually agreed upon services/events. Page 1 of 8 #2185178vl 2. COMPENSATION a, City does not guarantee any minimum compensation to Performer under this Agreement. Performer shall be paid only for actual services performed under this Agreement at the rates and charges mutually agreed upon by the Parties. Upon the written confirmation of a scheduled event, as provided for in Section la, above, City agrees to pay,and Performer agrees to accept as total payment for its scheduled services for City,the rates and charges agreed upon,in writing,by receipt of an invoice or quote from the Performer similar to Invoice #E1.054 — Exhibit C, attached hereto and incorporated by reference.The total amount to be expended under this Agreement shall not exceed Twenty Thousand Dollars and Zero Cents ($20,000). 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 Performer agree that all payments due and owing under this Agreement shall be made through Automated Clearing House(ACH) transfers. Performer 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 Performer's-account(s)with financial institutions. c. Payment need-not be made for work which 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 July 1, 2026 and terminate on June 30, 2027, unless terminated earlier in accordance with Section 16,below. 4. PREVAILING WAGES Performer is aware of the requirements of California Labor Code Section 1720,et seq.,and 1770, et sect., 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 f the Prevailing Wage Laws,and the total compensationis$1,000 or more,Performer agrees to fully comply with such Prevailing Wage Laws.Performer 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 PERFOR.tI�fER Performer shall, during the entire term of this Agreement, be construed to be an independent Performer 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 Performer Page 2 of 8 #2185178vi performs the services which are the subject matter of this Agreement; however, the services to be provided by Performer shall be provided in a manner consistent with all applicable standards and regulations governing such services. Performer 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 i drawings or data magnetically or otherwise recorded on computer diskettes,which are prepared or caused to be prepared by Performer under this Agreement("Documents&Data'). Performer 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. Performer represents and warrants that Performer has the legal right to license any and all Documents&Data. Performer makes no such representation and warranty in regard to Documents&Data which were provided to Performer by the City. City shall not be limited in anyway in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this i Agreement shall be at City's sole risk. ' 7. INSURANCE i Insurance requirements are attached hereto as Exhibit B S. INDEMNIFICATION Performer agrees to defend, and shall indemnify and hold harmless the City,its officers, agents, employees,Performers,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 Performer, its subcontractors, agents, employees, or other persons acting 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 Performer 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 Performer's services are subject to Civil Code Section 2782.8,the above indemnity Page 3 of 8 #2185178vl 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 Performer. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Performer 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' Ietters patent,trademark,or copyright infringement,including costs,contained in the work product or documents provided by Performer to the City pursuant to this Agreement. 10. RECORDS Performer shall keep records and invoices in connection with the work to be performed under this Agreement. Performer 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 Performer under this Agreement. All such records and invoices shall be clearly identifiable. Performer 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. Performer 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 Performer under this Agreement. 11. CONFIDENTIALITY If Performer receives from the City information which due to the nature of such information.is reasonably understood to be confidential and/or proprietary, Performer 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 Performer disclosed in a publicly available source; (c) is in rightful possession of the Performer without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or(e) is independently developed by the Performer without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE a, Performer 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. Page 4 of 8 #2185178vl 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 Performer 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 ameridment to those awards, to any former full-time employee for one-year from date of employee-separation except for any CalPERS retiree as authorized by City Council resolution d. The Performer must comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the terra of this Agreement. The Performer warrants that it is not now aware of any facts which conflict with the prohibitions defined above. If the Performer hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest,it must immediately make 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 this paragraph will be a material breach of this Agreement. e. Performer 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. 13. NON-DISCRIMINATION P erformer 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. Performer affirms that it is an equal opportunity employer and shall comply with all applicable fdderal, state and local laws and regulations. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Performer, 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 Performer. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in Page 5 of S #2185178vl addition to,the terms and conditions hereof, shall not bind or obligate Performer 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. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Performer, Performer 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 which are the subject to this Agreement performed by City personnel or by other Performers retained by City. 16. TERMINATION i I This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event,Performer shall be entitled to receive and the City shall pay Performer f compensation for all services performed by Performer 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 Performer to deliver to the City all work product(s) completed as of such elate, and in such case such work product shall be the property of the City unless prohibited by law, and Performer consents to the City's use thereof for such purposes as the City deems appropriate. I b. Payment need not be made for work which fails to meet the standard of performance specified in the recitals of this Agreement. 17. 'WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach,failure,right or remedy.No waiver of any breach,failure or right,or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar,nor shall any waiver constitute a continuing waiver unless the writing;so specifies. 18. JURISDICTION-VENUE This Agreementhas been executed and delivered in the State of California and thevalidity, 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. Page 6 of 8 #2185178v1 i 19. PROFESSIONAL LICENSES Performer shall, throughout the terra 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. Performer 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. 20. NOTICE Any notice,tender, demand, delivery,or other communication pursuant to this Agreement j shall be in writing and shall be deemed to be properly given if delivered in person or mailed by i 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: i City Clerk City of Santa Ana i 20 Civic Center Plaza(M-30) f P.O. Box 1988 Santa Ana, CA 92702-1988 Fax. 714- 647-6956 With courtesy copies to: Executive Director, Parks,Recreation, and Community Services Agency City of Santa Ana 20 Civic Center Plaza(M-23) P.O. Box 1988 Santa Ana, California 92702 To Performer: i Magic Makers Entertainment dba Richard the Magician Attn: Richard Ribuffo, Owi ner 352 S Center St. Orange, CA 92866 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 Page 7 of #2185178vl i l 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 fames, weekends, federal, state, County or City holidays shall be excluded. 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 WHEREON, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF NTA ANA 3 Y 9Aryf.d ennifer l e t,paafi'. Alvaro Nunez City Cler City Manager APPROVED AS TO FORM: SONIA R. CARVALHO PERFORMER: City Attorney Richard Ribuffa(May 11,2026 08-08:26 PDT) J athan T. Martinez Richard Ribuffo Assistant City Attorney RECOMMENDED FOR APPROVAL JS H wk Scott Execu erector Parks, Recreation, and Community Services Agency Page 8 of 8 #2185178vl EXHIBIT A SCOPE OF SERVICES i i r I #2185178v1 SCORE OF SERVICES VENDOR INFORMATION: Magic Makers Entertainment dba Richard the Magician EVENT(S): Parks, Recreation, and Community Services Programs -Summer Splash Day Camp, Kid's Night Out, Afterschool Programs, Teen's Night Out, and Teen Camp SERVICE DATES'& LOCATIONS - Service dates are assigned based on the vendor's invoice and agreed-upon schedule between the parties.The dates will vary by location but will take place during July 1, 2026 --June 30, 2027. Service Locations: El Salvador Community Center Garfield Community Center Jerome Recreation Center Albert D. Salgado Recreation Center Dates may be adjusted by mutual written agreement if necessary. COMPENSATION DUE TO THE VENDOR Total compensation shall not exceed $20,000 for the year. Invoices will be submitted electronically by the vendor. Payment will be issued via check or direct deposit only. Credit card payments are not permitted under this agreement. DESCRIPTION OF SERVICES Magic Makers Entertainment will provide one-hour of special entertainment in the form of magic shows, Set-Up&Teardown: Magic Makers Entertainment is responsible for all set-up and teardown related to the performance, including materials, backdrops, and demonstration supplies. Community center staff will provide access to the designated performance space and assist with basic facility needs as required, such as providing tables and chairs. l E Supplies & Equipment: The vendor will supply all necessary materials, props, and equipment needed to conduct the presentation. No additional supplies are required from the City or hosting site unless otherwise agreed upon in writing. Expectations: All performances will be conducted in a safe, professional manner and aligned with program goats for enrichment, education, and entertair ment, Programming will be adapted as appropriate to the ape group and event type at each site. Z EXIHBIT B INSURANCE REQUIREMENTS i #2185178v1 Insurance Requirements Perform"shall procure and maintain for the duration of the agreement,the following insurance coverages: MINIMUM SCOPE AND LD4IT OF INSURANCE Performer 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 I endorsed to include affirmative coverage for sexual abuse or molestation,Performer 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 Performer 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 Performer has no employees. Performer attests that its workers' compensation coverage extends to all persons who will be working with the City under the agreed scope of services. If Performer maintains broader coverage and/or higher limits than the minimums shown above, City I requires and shall be entitled to the broader coverage and/or the higher limits maintained by Performer. 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, 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 Performer 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 Performer for City. I� f 3. All required insurance policies: For any claims related to this contract,Performer'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 Performer'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, i 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: Parks, Recreation, and Community Services Agency,20 Civic Center Plaza M-23, Santa Ana,CA 92701.The name and the location of event should b e included in the Description i of Operations section of each certificate. Self-insured Retentions Self-insured retentions must be declared to and approved by the City. City may require Performer 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.Edst rating of no less than A:VU,unless otherwise acceptable to City. Verification of Coverage Performer 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 ofthe 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 worm beginning shall not waive Performer's obligation to provide therm,. 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, Performer must purchase "extended reporting" coverage for a minimum of three(3)years after completion of work. SubPerformers Performer shall require and verify that all sub-Performers maintain insurance meeting all the requirements stated herein,and Performer shall ensure that City is an additional insured on insurance required from sub-Performers. Special Risks or Circumstances City reserves the right to modify thcse requirements, including limits, based on the mature of the risk, prior experience,insurer,coverage, or other special circumstances. C i I A a f i I I I EXHIBIT C INVOICE#E 1054 i I� I 1 1 I #2185178v1 Creanr,u Cate: E 28 "_U'ir Magic Makers Due Date: 7'17 2026 Enters inment BILLING INFORMATION MAGIC MAKERS ENTERTAINMENT Organization: City of Santa Ana Perks Richard IZibuffo(Owner) First Name: Lupita Last Name: Palomares 71 4-318�7"8 "Title: Recreation Program Coordinator ficbard4Eichardthematrician.com Panne: 7I4-795-019; 352 S Center St,Orange,CA. 92866 Email: 1palomares(asanta-ana.org 13YAskelLAC'PL Vendor ID: 18269' C c 1a;vmunguia ccsanta-ana.nre,_IhoanCin Santa-ana.org S13C'PL Venor ED: 25578 Bilting Address: 20 civic Center Plaza%1-23.Santa Ana,CA 92701 E IN.412114401 PO Num: payableMake all checks 1 Event 4 available)ctiments "Magic Makers Entertainment" (Links ii ill be added as ilocuments become Total: 1000 USD lC.'o_mp nX Docurnentcl Deposit: 0 USD JPramo Photos] �41 V-91 Balance: 1000 USD lVendor_ ereement Docl [Insurance Docl Payment Method: Check Event Information Event T)pe;Camp Show Shoo Title: Dino Maaic Show Events:Julv 17th: Quaatit%: 3 Y 10:30-I 1 Oain Performer:California Joe Jerome Recreation Center Age Range: Prek-5th Grade 726 S Center St.Santa Ana.CA 92703 Attendance: Up to 60 1:00-2.00pm Details: Salgado Recreation Center '06 N New hope St, Santa Ana,CA 92704 It Salvador Community Center 19?5 W C kic Center Dr_ Santa kna,CA 92703 r Magic Makers Entertainment is the parent company of Richard The Magician and SuCa!Aids Vagic Pages 1 of 1 r 4 � SPECIALTY CERTIFICATE OF LIABILITY INSURANCE DATE {MMJDD/YYYIr) INSURANCE AGENCY 04/04/2026 IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(l 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 Specialty Insurance Agency Contact Name: Heather Weiss Zenzen Performers of the U.S. Phone: 715-246-8908 FAX: 715-246-8908 3432 Denmark Ave 4231 Email: certs@specialtyinsuranceagency.cam Eagan, MN 55123 INSURERS AFFORDING COVERAGE NAIC# INSURED PERFORMERS OF THE U.S.AND ITS PARTICIPATING MEMBERS: INSURER A: Evanston Insurance Company 35378 Richard Ribuffo INSURER B: DBA Richard Ribuffo of Magic Makers Entertainment 352 South Center Street INSURER C: Orange,CA 92866 INSURER D: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REOUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE ADDL Sven POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS INSD wvD DATE(MM/DDNY) DATE(MM/DDNY) X COMMERCIAL GENERAL EACH OCCURRENCE $1,000,000 LIABILITY DAMAGE TO RENTS❑ CLAIMS MADEFT�CCUR PREMISES(Ea occurrence) $300,000 GENT AGGREGATE LIMIT MED EXP(Any one person) $5,000 A APPLIES PER: X X 2CN0183-13838 03/26/2026 03/26/202712:0lam PERSONAL&ADV INJURY $1,000,000 X POLIGY❑PRQJECT GENERAL AGGREGATE $2,000,000 PRODUCTS-COMP/OP LOG 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 2CN0183-13838 03/26/2026 03/26120271201am EJOCCUR AGGREGATE $2,000,000 A DATA BREACH AND CYBEA AGGREGATE $ LIABILITY COVERAGE A EQUIPMENT LEASED OR AGGREGATE $ RENTED DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS PERFORMER IS A NAMED INSURED AS A MEMBER OF PERFORMERS OF THE U.S.: Richard Ribuffo DBA Richard Rlbuffo of Magic Makers Entertainment Additional Insured:City of Santa Ana, its City Council,officers,officials,employees,agents,and volunteers. Waiver of Subrogation applies to general liability. Sexual abuse or molestation coverage is not excluded by endorsement.$1,000,0001$2,000,000 coverage limits apply to educational institutions only;otherwise $100,000 each occurrance/$300,000 aggregate limits apply to sexual abuse or molestation coverage. Email:juribe@santa-ana.org,VMunguia@santa-ana.org,Ipalomares@santa-ana.org Attn:Juan Magana Uribe Ongoing For Policy Period Insured for:Balloon Twister,Childrens Entertainer, Magician,Public Speaker, Rope Tricks Performer,Videographer.Note:Athletic audience participation exclusion applies. APPROVED By Tu Tran Nguyen at 9:40 am,Apr 09,2026 CERTIFICATE HOLDER CANCELLATION City Of Santa Ana,Attention: Parks, Recreation,and Community SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE INSURER AFFORDING SerVIC2S Agency COVERAGE WILL ENDEAVOR TO MAIL 3D DAYS WRITTEN NOTICE TO THE 20 CIVIC Center Plaza CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO M-23 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE Santa Ana,CA 92701 INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE 4 "V COMMERCIAL GENERAL LIABILITY POLICY NUMBER: III 2CN0183-13838 M IRKEr EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM LIQUOR LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM SCHEDULE Additional Premium: $INCLUDED (Check box if fully earned ®) Please refer to each Coverage Form to determine which terms are defined. Words shown in quotations on this endorsement may or may not be defined in all Coverage Forms. A. Who Is An Insured is amended to include as an additional insured any person or entity to whom you are required by valid written contract or agreement to provide such coverage, but only with respect to "bodily injury", "property damage" (including "bodily injury" and 'property damage" included in the "products-completed operations hazard"), and 'personal and advertising injury" caused, in whole or in part, by the negligent acts or omissions of the Named Insured and only with respect to any coverage not otherwise excluded in the policy. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. The insurance afforded to such additional insured will not be broader than that which you are required by the valid written contract or agreement to provide for such additional insured. Our agreement to accept an additional insured provision in a valid written contract or agreement is not an acceptance of any other provisions of such contract or agreement or the contract or agreement in total. When coverage does not apply for the Named Insured, no coverage or defense will apply for the additional insured. No coverage applies to such additional insured for injury or damage of any type to any "employee" of the Named Insured or to any obligation of the additional insured to indemnify another because of damages arising out of such injury or damage. B. With respect to the insurance afforded to these additional insured, the following is added to limits of insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the valid written 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 0009-01 09 18 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission. COMMERCIAL GENERAL LIABILITY POLICY NUMBER: gig 2CN0183-13838 AMARKEV 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. Auto Insurance Confirmation thru 8/24/2026 1 message Richard The Magician<richard@richardthemagician.com> Tue, Feb 24,2026 at 11 A 5 AM To: Richard The Magician<richard@richardthemagician.com> Auto Insurance policy with coverage limits through August 24th,2026 To ensure delivery to your in box,please add USAA.Customer.Service@malicenter.usa a.com to your address book USAA SECURITY ZONE Kelly Ribuffo JSAA#ending iri,3790 Auto Insurance Confirmation Dear Kelly Ribuffo, Please use this as confirmation of auto insurance:however,this doesn't take the place of an insurance identification card. Registered owner: RICHARD RIBUFFO Address: 352 S CENTER ST ORANGIF CA 92866 Policy number: GAR 013633790 7104 Policy effective date: February 24,2026 Policy expiration date: August 24,2026 Vehicle: 2022 SUBARU FORESTER VIN: JF2SKAEC3NH487278 Bodily injury liability limit: $100,000 each person $300,000 each accident Property damage liability limit: $100,000 each accident Comprehensive deductible: $500 Collision deductible: $500 Meets California minimum statutory liability requirements This confirmation of coverage neither affirmatively nor negatively amends,extends or alters the coverage given by the policy issued by Garrison Property and Casualty Insurance Company. How to Contact Us Thank you for choosing us for your auto Insurance needs, If you have any questions,please contact us using one of the following options: Phone. 210-531-USAA (8722),our mobile shortcut#8722 or 800-531-8722 Q111 Fax: 800-531-8877 Thank you, Garrison Property and Casualty Insurance Company Garrison Property and Casualty Insurance Company,a subsidiary of USAA Casualty Insurance Company,is authorized to use the USAA logo,a registered trademark of United Services Automobile Association, Taking care of our members since 1922. Go Digital Review and edit your online document preferences at usaa.corn. aGO MOBILE You apps&more ,� IM Please do not reply to this e-mail. To contact USAA visit our secure contact page. N Privacy Promise N Garrison Property and Casualty Insurance Company,9800 Fredericksburg Road,San Antonia,Texas 78288 USAA® 93127-0111 CITY OF SANTA ANA Risk Management a division of Human Resources Managing Risk through Awareness and Action AFFIDAVIT OF EXEMPTION FOR WORKERS' COMPENSATION INSURANCE 1 Richard Ribuffo ("Representative"),attest that I am an authorized (Name and Title of Vendor Representative) representative of Magic Makers Entertainment Com an (° ` p y"), 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 Magic Shows ("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 liab for any and al da ages. Sig ture Data: Print Name � U-� Title Contact Infonnation,Le„Telephone Number and/ . 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