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HomeMy WebLinkAboutItem 17 - Carnival Services Parks, Recreation, and Community Services www.santa-ana.gov/parks Item # 17 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report August 4, 2026 TOPIC: Carnival Services AGENDA TITLE Agreement with The Pumpkin Factory, LLC for Carnival Services (Specification No. 26- 017) (General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an agreement with The Pumpkin Factory, LLC to provide Carnival Services for a term beginning August 4, 2026 and expiring July 31, 2027, with provisions up to four (4), one-year extensions (Agreement No. A-2026-XXX). GOVERNMENT CODE &84308 APPLIES: Yes DISCUSSION The Fiestas Patrias event is the City's most anticipated celebration with thousands of visitors attending each year. Celebrating each culture though food and performances are integral parts of the festivities. Another key component to this celebration are carnival rides that residents have come to enjoy each year. Parks, Recreation, and Community Services Agency (PRCSA) recreational staff recognized the need to continue providing carnival rides to the Fiestas Patrias events and sought out a vendor to fulfill this need. Request for Proposals (RFP) No. 26-017 was issued on February 26, 2026 on the City's online bid management and publication system. A summary of vendor participation and results is as follows: 335 Vendors notified 21 Santa Ana vendors notified 24 Vendors downloaded the RFP packet 2 Responsive proposals received 0 Responsive proposals received from Santa Ana vendors Proposals were solicited, opened on March 26, 2026, and evaluated. Two proposals were received by the RFP deadline and were determined to be responsive to the specifications and met the City's requirements. An evaluation committee reviewed and rated the proposals according to the criteria listed in the RFP. Carnival Services August 4, 2026 Page 2 The Pumpkin Factory, LLC's proposal illustrated a cohesive and consistent team dedicated to providing the best experience in carnival rides. They bring a lengthy history of providing carnival rides throughout Southern California with a large variety of games and rides on offer. The City has also previously worked with the vendor on 2025's Fiestas Patrias event. Their demonstrated expertise and focus on safety relay a strong commitment to ensuring Santa Ana residents have an enjoyable experience. Staff recommends awarding an agreement to the highest-ranked firm, The Pumpkin Factory, LLC. The firm has been deemed the best in safety and entertainment. The City will collect 35% of all ticket revenue that is generated through ticket sales for the carnival rides and games provided. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The agreement will generate revenue to the City through the sum of thirty-five (35%) of gross ticket sales for the event. The fees charged from the agreement will be deposited into the General Fund Revenue Account 01 1 1 3002-5701 0. EXHIBIT(S) 1. Agreement with The Pumpkin Factory, LLC Submitted By: Kathryn Downs, Assistant City Manager Timothy Pagano, Deputy Director of Parks, Recreation, and Community Services Agency Approved By: Alvaro Nunez, City Manager AGREEMENT WITH PUMPKIN FACTORY LLC TO PROVIDE CARNIVAL EQUIPMENT,RIDES,AND SERVICES TO THE CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this 4 h day of August, 2026 by and between The Pumpkin Factory, LLC, a California limited liability company ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California("City"). RECITALS A. On February 26, 2026, the City issued Request for Proposal No. 26-017 ("RFP") seeking to retain a contractor having expertise and experience providing carnival equipment,rides, and services. B. Contractor submitted a responsive proposal and represents that it is able and willing to provide such services to the City per the scope of work detailed in the RFP and attached hereto as Exhibit A to the Agreement. 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 Contractor shall provide event production for the City's Fiestas Patrias events complete with rides, games, ticket booths, equipment and services as set forth in the Scope of Services, attached as Exhibit A, as well as the Contractor's Price Sheet, attached as Exhibit B.All Exhibits are incorporated by reference as though completely set forth herein. This will include setup, tear down, and clean up prior to, during, and after the event. City grants Contractor the right to enter its property for the purpose of these services, including delivery, setup, and pick up. Contractor is responsible for all equipment, clean up services, overnight security, electricity, carnival rides and games, booths, and insurance for events. Contractor must cover parking for employees, subcontractors, and equipment vehicles before and after the event. Contractor shall comply with, coordinate, and obtain all approvals and certifications that are required by the Amusement Ride and Tramway Unit of the California Department of Industrial Relations or other government agencies responsible for amusement ride oversight. 2. COMPENSATION a. For the right to produce the event(s) set forth in Exhibit A, Contractor agrees to pay the City the sum of Thirty-Five Percent(35%)of gross ticket sales for the event(s).The ticket costs are provided for in Exhibit B. Page 1 of 8 #2202779v1 b. Payment by Contractor to the City shall occur within seven (7) days following the event. 3. TERM This Agreement shall commence on August 4, 2026 and continue through July 31, 2027 with the option for the City to grant up to four (4) one (1) year extension(s), exercisable by a writing by the City Manager and the City Attorney, 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 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. 6. INSURANCE Insurance requirements are attached hereto as Exhibit C. Page 2 of 8 #2202779vl 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 i 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 INDEMNIFICATION 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 the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 10. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such Page 3 of 8 ##2202779vl information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance,but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that(a)has been disclosed in publicly available sources; (b)is,through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or(e) is independently developed by the Contractor without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE a. Contractor 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 i 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. 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 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. 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 Page 4 of 8 #2202779vl subsections (b) and(c) above. 12. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed,religion, sex,marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age,national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion,termination or other employment related activities or any services provided under this { Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all f applicable'federal, state and local laws and regulations. i 13. EXCLUSIVITY AND AMENDMENT a 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 modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to,the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfers 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. 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 performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(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. Page 5 of S #2202779vl 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, f 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 f arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 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 Page 6 of 8 #2202779vl With courtesy copies to: Executive Director, Parks, Recreation, and Community Services Agency City of Santa Ana 20 Civic Center Plaza(M-23) i P.O. Box 1988 Santa Ana, California 92702 To Contractor: The Pumpkin Factory, LLC Attn: Maxwell Rosenburg, Managing Director 32335 Live Oak Canyon Rd. Redland, CA 92373 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 i 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. r [signature page to follow] Page 7 of 8 #2202779vl SIGNATURE PAGE TO AGREEMENT WITH PUMPKIN FACTORY LLC TO PROVIDE CARNIVAL EQUIPMENT, RIDES, AND SERVICES TO THE CITY OF SANTA ANA IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA Jennifer L. Hall Alvaro Nunez City Clerk City Manager APPROVED AS TO FORM: SONIA R. CARVALHO CONTRACTOR: City Attorney MaXwdt Rofenb"ra B Maxwell Rosenburg(Jul 17,2026 09. 1:35 PDT) onathan T. Martinez By: Maxwell Rosenberg Assistant City Attorney Title: Managing Member RECOMMENDED FOR APPROVAL: aria Katorryn Downs(Jul 21, 2026 08:28:20 PDT) Kathryn Downs Assistant City Manager Page 8 of 8 #2202779vl EXHIBIT A SCOPE OF SERVICES E E #2202779v1 CITY OF SANTA ANA EXHIBIT 1 -- SCOPE OF SERVICES The Consultant shall perform services as set forth below. I. GENERAL CONTRACTOR REQUIREMENTS A. Provide all encompassing carnival operations for a large sized two-day event(Fiestas Patrias in September 2026, with potential for 2027, 2028, 2029, and 2030) and other related events, as needed with a Children's Ride Area as well as standard major rides i. Examples of major rides: large Ferris Wheel, Tilt-a-Whirl, Sizzler, Gravitron, etc. ii. Examples of Children's rides: Fun House, SuperSlide, Ladybugs, Berries, Merry-go- Round, small to moderate Ferris Wheel, etc. B. Provide a minimum of four(4) Game Booths, possibly more if spacing permits. C. Provide a minimum of two (2)Ticket Booths, possibly more if spacing permits. D. Develop a schematic for ride placement based on location, which can vary depending upon availability. E. Obtain all necessary permits from the City, County or State (e.g. City Business License, Special Event Permit, OC Fire/Health Department and Police Department) F. Manage all site staging, setup and post-event equipment removal (including cleanup of all materials). G. Maintain carnival area clean-up during event and post event. including power washing. H. Provide appropriate staffing for all rides. games and ticketing booths. Ride operators must be trained on operations and safety of rides. Carnival Management/Oversight must also be provided and available during the event. I. Provide appropriate security to monitor assets during staging, event and post event. J. Provide certificates of insurance with standards set forth by the Risk Management Division for the City of Santa Ana (Exhibit 3). K. Coordinate with proper agencies to ensure all safety regulations are met and thorough inspections are complete. II. ADDITIONAL INFORMATION This is a request for proposal and not a request for the lowest bid. For equipment/services with technical specifications or available in various packages. The City is seeking professional recommendations that will balance quality and pricing. The scope of work section of the proposal submittal should include details regarding the carnival package that is proposed. *Vendor must cover parking for employees, subcontractors and equipment vehicles before and after the event. The City will only cover parking for employees and subcontractors during Friday setup and the two event dates. EXHIBIT B PRICE ,SHEET I #2202779vl EXHIBIT B PRICE SHEET THE PUMPKIN FACTORY, LLC LAS PATRIAS 2026 Carnival Ride & Game Price Sheet It is a pleasure to be a part of this event, and we are very much looking forward to it.We are truly appreciative of the opportunity to bring fun and excitement to the community! i TICKET PRICING Tickets are$2.00 each for 2026-2030. i Ticket Packages are$30 for 20 tickets,$40 for 40 tickets,$100 for 120 tickets and Unlimited Ride Wristbands are available on Saturday only for$45. Please note:This updated pricing structure encourages visitors to choose ticket packages over individual tickets, providing better value for attendees while supporting the event's overall success. These rates reflect current competitive market conditions and may be adjusted in future years to align with changing economic trends. RIDES •Gee Wizz—7 Tickets • Eli 16 Wheel—7 Tickets •Tornado—6 Tickets •Gravitron—7 Tickets •Pumpkin Spin--6 Tickets • Round Up--7 Tickets • Barn Swing—5 Tickets • Corn Flyer—5 Tickets • Fun Slide--3 Tickets •Crazy Plane--6 Tickets •Sea Ray—7 Tickets •Lil Cricket Express—5 Tickets GAMES All Games:$5.00—$10.00 Per Play •Water Race •Shootout •Darts • Ducks •Ring Toss •Goldfish • Hi Striker • Bank a Ball • Grab Bag NOTE: Ride and game offerings, quantities, and pricing are subject to change without notice. Feel free to reach out with any questions! Kind Regards, Max Rosenberg EXHIBIT C INSURANCE REQUIREMENTS 1 I s #22Q2779v1 Insurance Requirements 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 injury with limits no less than$2,000,000 and advertising injury with limits no less than $2,000,000 per occurrence and $4,000,000 aggregate. • Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with combined single limits of$2;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. Contractor attests that its workers' compensation coverage extends to all persons who will be working with the City under the agreed scope i 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 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. 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, 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 Contractor including materials, parts, equipment, and personnel famished in connection with such work or operations. 2. CGL 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 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. 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 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. E 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. E i E