HomeMy WebLinkAboutSOCAL DRUM PARTY, LLC (3) 'E� N-2026-121
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0'-ritr.m((�) AGREEMENT WITH SOCAL DRUM PARTY, LLC TO PROVIDE SPECIAL
upitaFwlumgru[0s) ENTERAINMENT FOR CITY EVENTS
THIS AGREEMENT is made and entered into on this ill' day of May, 2026 by and
between SOCal Drum Party,LLC,a limited liability company("Contractor"), and the City of Santa
Ana, a charter city and municipal corporation organized and existing under the Constitution and
laws of the State of California ("City").
RECITALS
A. The City desires to retain a Contractor to provide special entertainment for various City
events,including the City's Summer Splash Camp,Kids Night Out,Aflerschool Programs,
and other events ("Events") as directed by the City.
B. Contractor represents it is able and willing to provide such services to the City.
C. In undertaking the performance of this Agreement, Contractor represents that it is
knowledgeable in its field and that any services performed by Contractor under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
a. Contractor shall, during the term. of this Agreement, provide the equipment and
personnel to provide the services as further described and set forth in Exhibit A,
attached hereto and incorporated in full, at dates, times, and locations as mutually
agreed upon by the Parties in a signed writing.
b. City grants Contractor the right to enter its.property for the purpose of delivery, set-up,
operation, and pick-up on the days of the scheduled Events.
c. The equipment shall be disassembled and removed by Contractor at the conclusion of
each Event.
d. City shall have the sole discretion as to engagement of Contractor for services/events
not detailed in Exhibit A. The City reserves the right to administratively change event
locations, dates, or services for any mutually agreed upon services/Events.
e. In the event of an inconsistency among the provisions of this Agreement and any of its
exhibits, the inconsistency shall be resolved by giving precedence in the following
order:
(1) This Agreement;
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(2)�The scope of services attached as Exhibit A;
2. COMPENSATION
a. City does not guarantee any minimum compensation to Contractor under this
Agreement. Contractor shall be paid only for actual services performed under this
Agreement at the rates and charges set forth in Exhibit B, attached hereto and
incorporated in full. The total amount to be expended under this Agreement shall,not
exceed Twenty Thousand Dollars and 001100($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
Contractor agree that all payments due and owing under this Agreement shall be made
through Automated Clearing House(ACH)transfers. Contractor agrees to execute the
City's standard ACH Vendor Payment Authorization and provide required
documentation. Upon verification of the data provided, the City will be authorized to
deposit payments directly into Contractor's account(s)with financial institutions.
c. Payment need not be made for work 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 rune 1, 2026 and terminate on May 31, 2027, unless
terminated earlier in accordance with Section 15,below.
4. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an
independent Contractor and not an employee of the City. This Agreement is not intended nor shall
it be construed to create an employer-employee relationship, a joint venture relationship, or to
allow the City to exercise discretion or control over the professional manner in which Contractor
performs the services which are the subject matter of this Agreement;however,the services to be
provided by Contractor shall be provided in a manner consistent with all applicable standards and
regulations governing such services. Contractor shall pay all salaries and wages,employer's social
security taxes, unemployment insurance and similar taxes relating to employees and shall be
responsible for all applicable withholding taxes.
5. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use,
modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property
embodied in plans, specifications, studies, drawings, estimates, and other documents or works of
authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings or data magnetically or otherwise recorded on computer diskettes,which are prepared or
caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor
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shall require all subcontractors to agree in writing that City is granted a non-exclusive and
perpetual license for any Documents & Data the subcontractor prepares under this Agreement.
Contractor represents and warrants that Contractor has the legal right to license any and all
Documents & Data. Contractor makes no such representation and warranty in regard to
Documents &Data which were provided to Contractor 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.
G. INSURANCE
Insurance requirements,are attached hereto as Exhibit C.
7, INDEMNIFICATION
Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers,
agents, employees, contractors,special counsel,and representatives from liability; (1)for personal
injury,damages,just compensation,restitution,judicial or equitable relief arising out of claims for
personal injury, including death, and claims for property damage, which may arise from the
negligent operations of the Contractor, 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 Contractor
further agrees to indemnify,hold harmless, and pay all costs for the defense of the City, including
fees and costs for special counsel to be selected by the City,regarding any action by a third party
challenging the validity of this Agreement, or asserting that personal injury, damages, just
compensation, restitution,judicial or equitable relief due to personal or property rights arises by
reason of the terms of, or effects arising from this Agreement. City may make all reasonable
decisions with respect to its representation in any legal proceeding.Notwithstanding the foregoing,
to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity
shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of,
pertain to,or relate to the negligence,recklessness, or willful misconduct of the Contractor.
8. INTELLECTUAL PROPERTY INDE1V NIFICATION
Contractor 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 Contractor to the City pursuant to this Agreement.
9. RECORDS
Contractor shall keep records and invoices in connection with the work to be performed
under this Agreement. Contractor shall maintain complete and accurate records with respect to
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the costs incurred under this Agreement and any services, expenditures, and disbursements
charged to the City for a minimum period of three (3)years, or for any longer period required by
law, from the date of final payment to Contractor under this Agreement. All such records and
invoices shall be clearly identifiable. Contractor shall allow a represdntative of the City to
examine, audit, and make transcripts or copies of such records and any other documents created
pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all
work, data, documents,proceedings, and activities related to this Agreement for a period of three
(3) years from the date of final payment to Contractor under this Agreement.
10. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Contractor agrees that
it shall not use or disclose such information except in the performance of this Agreement, and
further agrees to exercise the same degree of care it uses to protect its own information of like
importance,but in no event less than reasonable care. "Confidential Information''shall include all
nonpublic information. Confidential information includes not only written information, but also
information transferred orally, visually, electronically, or by other means. Confidential
information disclosed to either party by any subsidiary and/or agent of the other party is covered
by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any
information that(a)has been disclosed in publicly available sources;(b)is,through no fault of the I
Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor
without an obligation of confidentiality; (d) is required to be disclosed by operation of law, or(e)
is independently developed by the Contractor.without reference to information disclosed by the
City.
11. CONFLICT OF INTEREST CLAUSE �
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a. Contractor covenants that it presently has no interests and shall not have interests,direct
or indirect,which would conflict in any manner with pex°forrnance 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 Contractor 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 CalPERS retiree as authorized by City Council
resolution
d. The Contractor 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.
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The Contractor warrants that it is not now aware of any facts which conflict with the
prohibitions defined above.If the Contractor hereafter becomes aware of any facts that
might reasonably be expected to create a conflict of interest, it must immediately make
fall 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. Contractor 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
Contractor shall not discriminate because of race, color,creed,religion,sex,marital status, s
sexual orientation, gender identity, gender expression, gender, medical conditions, genetic
information, or military and veteran status, age,national origin, ancestry, or disability, as defined
and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization,
promotion,termination or other employment related activities or any services provided under this
Agreement. Contractor of u ns that it is an equal opportunity employer and shall comply with all
applicable federal, state and local laws and regulations.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and '
Contractor, 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.modifced except by written instrument j
signed by the City and by an authorized representative of Contractor. The parties agree that any
terms or conditions of any purchase order or other instrument that are inconsistent with, or in
addition to, the terms and conditions hereof, shall not-bind or obligate Contractor or the City.Each
party to this Agreement acknowledges that no representations, inducements, promises or
agreements, orally or otherwise,have been made by any party, or anyone acting on behalf of any
party,which is not embodied herein.
14. ASSIGNMENT
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Inasmuch as this Agreement is intended to secure the specialized services of Contractor,
Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement shall
be construed to limit the City's ability to have any of the services which are the subject to this
Agreement performed by City personnel or by other Contractors retained by City.
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15, TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event,Contractor shall be entitled to receive and the City shall pay Contractor
compensation for all services performer) by Contractor prior to receipt of such notice of
termination, subject to the following conditions:
a. As a condition of such payment,the Executive Director may require Contractor to
deliver to the City all work product(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
Contractor 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
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, perfosxnance, 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 firther 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. PROFESSIONAE]LICENSES
Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, `
permits, approvals,waivers, and exemptions necessary for the provision of the services hereunder
and required by the laws and regulations of the United States, the State of California, the City of
Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and
in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and
exemptions. Said 'inability shall be cause for termination of this Agreement.
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
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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
Parks,Recreation, and Conimunity Services
Agency
City of Santa Ana
20 Civic Center Plaza(M-23)
P.O. Box 1988
Santa Ana, California 92702
To Contractor:
SoCal Drum Party, LLC
Attn: Michael Enriquez, Owner
858 Kinbrae Ave
Hacienda Heights, CA 91745
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by fax, communication shall be effective or deemed to have
been given twenty-four(24)hours after the time set forth on the transmission report issued by the
transmitting facsimile machine, addressed as set forth above. For purposes of calculating these
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 terns 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.
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SIGNATURE PAGE TO AGREEMENT WITH SOCAL DRUM PARTY, LLC TO
PROVIDE SPECIAL ENTERAINMENT FOR CITY EVENTS
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above written.
ATTEST: CITY O ANTA AN
r
nnifer I ""`" Alvaro Nunez
City CI City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO CONTRACTOR:
City Attorney
MrGG�a�G ���rgr�Z
B ' Michael Enriquez(May 22, 026 17:06:47 PDT)
onathan T. Martine By: Michael Enriquez
Assistant City Attorney Title: owner
RECOMMENDED FOR APPROVAL:
a�� Scott
utive Dire
Recreation and Community Services Agency
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EXHIBIT A
SCOPE 4F SERVICES
42155494+v1
SCOPE OF SERVICES
CONTRACTOR INFORMATION: SoCal arum Party LLC
EVENTS): 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 contractors invoice and agreed-upon schedule between the
parties.The dates will vary by location but will take place during June 1, 2026—May 31, 2027,
Service Locations:
El Salvador Community Center i
Garfield Community Center ;
Jerome Recreation Center
Albert D. Salgado Recreation Center
Dates may be adjusted by mutual written agreement if necessary. y
COMPENSATION DUE TO THE CONTRACTOR
Total compensation shall not exceed $20,000 for the year.
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Invoices will be submitted electronically by the contractor. Payment will be Issued via check or direct j
deposit only. Credit card payments are not permitted under this agreement.
DESCRIPTION OF SIRVICI;S
SoCal Drum Party will provide one-hour special entertainment in the form of musical performances with
group led workshops with drumming elements at Summer Splash Day Camp, Kid's Night Out, and
Afterschool Programs at the following centers
Set-Up&Teardown:
SoCal Drum Party is responsible for all set-up and teardown related to the performance, including
materials, equipment such as drums, 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. 1
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Supplies &Equipment:
The contractor will supply all necessary materials, props, and equipment needed to conduct the hands
on presentation. No additional supplies are required from the City or hosting site unless otherwise agreed
upon In writing.
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Expectations:
All performances will be conducted in a safe, professional manner and aligned with program goals for
enrichment, education, and entertainment. Programming will be adapted as appropriate to the age group
and event type at each site.
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EXHIBIT B
FEES
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_ DRUM CIRCLE INVOICE
0 al -858 Kinbrae Ave. Hacienda Heights, CA 91745 MW
Tfium +(626)715-1371 •SoCalDrumParty@Gmail.com
t Bill To: City of Santa Ana Parks and Recreation Department
501 N Lacey St. Santa Ana, CA 92701
Invoice Number: 229 Invoice Date: 1/28/26
Checks Payable To: SoCal Drum Party LLC Venmo Michael-Enriquez-4 Zelle menriquez89@gmail.com
Event Details
Event Location Event Address Arrival Start Length 0 of Age Group
Date Time Time kids Range size
7/7/26 Santa Ana El 1825 W Civic Center Dr, 10:20am 1 lam 1 h 60 Elementary Up to
Salvador Center Santa Ana, CA 92703 30 per
group
7/7/26 Santa Ana 726 S Center St, Santa 12:20pm 1 pm 1 h 60 Elementary Up to
Jerome Center Ana, CA 92704 30 per
group
7/10/26 Santa Ana 706 N Newhope St, 10:20am 11 am 1 h 60 Elementary Up to
Salgado Center Santa Ana,CA 92704 30 per
group
N otes
We will host summer camp drum circles at the three sites listed above. Each visit will be a total of 1 hour
long, divided into two 30-minute group sessions. The kids will be divided into a younger group and an
older group. Each group will enjoy a 30 minute session. We will provide drums and percussion
instruments for up to 30 kids per group, 60 kids total per site.
See attached policies.
Description - per site Total
Summer Camp Drum Circles 3 $500 51,500.00
TOTAL $1,500.00
DRUM CIRCLE INVOICE
0ea
•858 i<,nbrae Ave. Hacienda Heights, CA 41745
Trum •(626)715-1371 +SoCalDrumParty@Gmail.com
V�
Policies
Payment of any amount toward this invoice constitutes acceptance of all terms and policies listed herein.
Setup: Our team will arrive 45 minutes early to the event location to set up the drum circle and our sound
system.
Instruments and Activities:We wilt provide drums and percussion instruments for each and every student in
the group.We will plan and lead activities and songs that are appropriate for the age and ability of your
group.
Chairs and Chair Setup. Client is responsible for providing chairs for all participants and a crew to assist with
chair setup prior to our arrival. Chairs are not required for preschools and elementary schools.
Space Requirements:We require a single power outlet near our setup area. In the summer, we must be
provided with either an indoor area or an outdoor area with full shade(no mesh sun screens).
Supervision: Client must provide adequate adult supervision for all participating children, at all times during
the session.
Participant Capacity:This quote is based on the estimated number of participants listed. Significant increases
will require additional instruments, staff,and an adjusted quote.
Overtime: Sessions that extend beyond the agreed end time may incur an overtime fee, subject to team
availability.
Terms of Payment:The deposit listed on this quote is due in order to reserve your date. The remaining
balance is due on the day of the event by check, cash,Venmo, Zelle, or credit card.
Cancellations: All deposits_are_nori-refundable. We understand that unexpected changes can happen. To
protect the time and resources we reserve for your event, the following cancellation policy applies:
-Cancel less than 1 month before the event: 50%of the full balance is due.
•Cancel less than 2 weeks before the event: 100%of the full balance is due.
Rescheduling: In cases of emergency or unforeseen circumstances, it is at the discretion of SoCal Drum Party
to offer a rescheduled session.We will always do our best to be flexible, but we cannot guarantee a
rescheduled session.
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EXHIBIT C
INSURANCE REQUIREMENTS
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Insurance Requirements
Contractor shall procure and maintain for the duration of the agreement,the following insurance coverages:
MDM%IUM SCOPE AND LIMIT OF INSURANCE
Contractor shall maintain limits of insurance coverage in the following minimum amounts and small 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,
s 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. Contractor attests that its workers' compensation coverage extends to all persons who
will be working with the City under the agreed scope of services.
• 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 sball obtain
and maintain a policy covering Sexual Abuse and Molestation with a limit of no less than
$1,000,000 per occurrence or claim.
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:
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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 ofthe Contractor including
materials, parts, equipment, and personnel furnished in connection with such work or
operations.
Z. 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: parks,Recreation,and Community Services Agency,20 Civic Center Plaza M-23,
Santa Ana,CA 92701.The name and location of the event should be included in the Description
of Operations section of each certificate.
Self-ensured 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:VIf,unless otherwise acceptable to City.
Verification 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 COL 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. i
3.If coverage is canceled or non-renewed,and not replaced with another claims-made policy form with j
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.
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SPECIALTY CERTIFICATE OF LIABILITY INSURANCE DATE
[MMIDD/YYYY]
INSURANCE AGENCY 05/22/2026
IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the pollcy(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 anon dursoment.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#231 Email: certs@specialtyinsuranceagency.com
Eagan,MN 55123
INSURERS AFFORDING COVERAGE NAIC#
INSURED PERFORMERS OF THE U.S.AND ITS PARTICIPATING MEMBERS: INSURER A: Evanston Insurance'Company 35378
Michael Luis Enriquez INSURER B:
DBA Michael Enriquez of SoCal Drum Party
858 Kinbrae Avenue INSURER C:
Hacienda Heights,CA 91745 INSURER D:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY
REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH 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 SUaa POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
INSD wvo _ DATE(MM/DD/YY) DATE(MM/DO/YY)
X COMMERCIAL GENERAL EACH OCCURRENCE $1,000,000
LIABILITY DAMAGE TO RENTED
CLAIMS MADE X�CCUR PREMISES(Ea occurrence) $300,000
GEN'L AGGREGATE LIMIT IVIED EXP(Any one person) $5,000
A X X 2CN0183-47120 01/10/2026 01/10/202712:01am PERSONAL&ADVINJURY APPLIES PER: $1,000,0aa
X POLIGY❑PROJECT GENERAL AGGREGATE $2,000,0a0
PRODUCTS-COMP/OP
LOC AGG $2,000,000
PERFORMER ASSISTANT($) EACH OCCURRENCE $
AGGREGATE $
BUSINESS PERSONAL.
PROPERTY-IN LAND MARINE AGGREGATE $
SEXUAL ABUSE AND EACH OCCURRENCE $1,000,000
A MOLESTATION X X 2CN0183-47120 01/10/2026 01/10/202712:01am
KIOCCUR AGGREGATE $2,000,000
DATA BREACH AND CYBER AGGREGATE $
LIABILITY COVERAGE
EQUIPMENT LEASED OR
RENTED
AGGREGATE $
DESCRIPTION OF OPERATIONS!LOCATIONS i VEHICLES!EXCLUSIONS ADDED BY ENDORSEMENT J SPECIAL PROVISIONS
PERFORMER IS A NAMED INSURED AS A MEMBER OF PERFORMERS OF THE U.S.:
Michael Luis Enriquez DBA Michael Enriquez of SoCal Drum Party
Additional Insured: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.$1,000,000/$2,000,000 Coverage limits apply to educational institutions only;otherwise
$100,000 each occurrence!$300,000 aggregate limits apply to sexual abuse or molestation coverage.
Email:juribe@santa-ana.org Attn:Juan Uribe Ongoing For Policy Period
Insured for:Musician.Note:Athletic audience participation exclusion applies.
APPROVED
By Tu Tran Nguyen at f 2:23 pm,May 26,2026
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
Services Agency COVERAGE WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE
ZI3 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 JI I
COMMERCIAL GENERAL LIABILITY
POLICY NUMBER:
gig 2CN0183-47120
MARKEV
E'VANSTON 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:
III 2CN0183-47120
MARRED
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 0516 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1
with its permission.
CITY OF SANTA ANA
Risk Management a division of Human Resources
Managing Risk through Awareness and Action
AFFIDAVIT OF EXEMPTION FOR AUTOMOBILE LIABILITY INSURANCE
Michael Enriquez
[, ("Representative"),attest that I am an authorized
(Name and Title of Vendor Representative)
representative of SoCal Drum Party LLC
p ("Company"), and
(Consultant/Company Name)
possess the authority to legally bind Company.
In my capacity as Representative of Company, I represent and confirm the following, as relates to the
agreement between Company and City of Santa Ana, agreement number
("Agreement")to provide Drum Circle Facilitation ("Services"):
(Services to he provided under agreement/contract)
During the course and scope of Company's agreement with the City of Santa Ana,
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.
UAA &A,[V&� 5/26/26
Signature Date
Michael Enriquez
Print Name
Owner
Title
(626) 715-1371 SoCalDrumParty@gmail.com
Contact Information,i.e.,Telephone Number and/or Email Address
Affidavit of Exemption for Automobile Liability Insurance 11.12.2024
CITY OF SANTA ANA
Risk Management a division of Human Resources
Managing Risk through Awareness and Action
AFFIDAVIT OF EXEMPTION FOR WORKERS' COMPENSATION INSURANCE
Michael Enriquez
I, {"Representative"}, attest that 1 am an authorized.
(Name and Title of Vendor Representative)
representative of SoCal Drum Party ("Company"), and
(Consultant/Company Name)
possess the authority to legally bind Company.
In my capacity as Representative of Company, I represent and confirm the following, as relates to the
agreement between Company and City of Santa Ana, agreement number
t Drum Circle Facilitation
("Agreement")to p�ovide ("Services"):
(services to be provided under agreement/contract)
During the coarse and scope of Company's agreement with the City of Santa Ana, Company will
not employ any person in any manner so as to become subject to the workers' compensation laws
of California,and agree that if Company should become subject to the workers' compensation
provisions of Section 3700 of the Labor Code,Company shall forthwith comply with the
provisions and provide proof of workers' compensation coverage immediately.
If at any time it is Found that Company is not adhering to any and/or all of the statements in this
document and does not maintain the minimum professional liability insurance coverage as
required in the Agreement, it will be considered a breach of Agreement rendering the Agreement
null and void and Company will be fully liable for any and all damages.
U(k &A',[&f 5/26/26
Signature date
Michael Enriquez
Print Name
Owner
Title
(626) 715-1371 SoCalDrumParty@gmail.com
Contact Information,i.e.,Telephone Number and/or Email Address
WARNING: FAILURE TO SECURE WORKERS' COMPENSATION COVERAGE IS UNLAWFUL,
AND SHALL SUBJECT AN EMPLOYER TO CRIMINAL PENALTIES AND CIVIL FINES UP TO
ONE HUNDRED THOUSANT DOLLARS($100,000). IN ADDITION TO THE COST OF
COMPENSATION,DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE,
INTEREST,AND ATTORNEY'S FEES.
Affidavit of Exemption for Workers`Compensation Insurance 11.12.2024