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UU SUUEIIVi NCE E2 NRES CLERK OF COUNCIL DATE lAPi 2 2 2 3 O: PRCS (/ ) RECREATION SERVICES AGREEMENT Silvia Cuevas TII1S AGREEMENT is made and entered into this Ath day of December, 2017 by and between Brainstorm Studios, LLC, a California corporation ("Provider") and the City of Santa Ana, a charter city and municipal corporation organized and existing wider the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a recreation service provider having special skills, resources and knowledge to provide Lego Technology classes in its recreation class program. B. Provider represents that he/she/it is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Provider represents that he/she/it is knowledgeable in their field and that any services performed by Provider under this Agreement will be performed in compliance with such standards as may reasonably be expected, NOW THEREFORE, in consideration of the mutual acid respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: L. SCOPE OF SERVICES Provider shall perform those services as set forth in Exhibit A to this Agreement. 2, COMPENSATION In consideration for the provision of the programs set forth in Exhibit A, City agrees to pay the Provider seventy percent (7.0%) of all gross revenue received frorn programs participants, Total revenue to Provider shall not exceed $25,000,00 annually. Payment to Provider shall be made monthly within thirty (30) days following completion of the last class taught by Provider the prior month. City shall be responsible for collecting all fees from program participants. Provider shall not collect fees but will refer all interested participants to City for registration infonnation. Provider agrees that City shall retain thirty percent (30%) of all gross revenue received from program participants as an administrative fee. 3. TERM This Agreement shall commence on January 1, 2018 and end on December 31, 201 S unless terminated earlier in accordance with. Section 12 below. The tern of this Agreement may be extended by a writing executed by the City Manager and the City Attorney. d. INDEPENDENT CONTRACTOR Provider 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 manner in which Provider performs the services which are the subject matter of this Agreement; however, the services to be provided by Provider shall be provided in a manner consistent with all applicable standards and regulations governing such services. Provider 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. Provider is not an agent, representative or employee of City and Provider shall have no authority to act on behalf of the City. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Provider shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Provider shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Provider's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence and $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insured's provisions. b. Worker's Compensation Insurance. In accordance with California State law, Provider, if Provider has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Provider agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. c. The following requirements apply to the insurance to be provided by Provider pursuant to this section: (i) Provider shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in forn by the City. (ii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material. aspect without thirty (30) days prior written notice to the City. d, IP Provider fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured 2 and is in force and paid for, the City shall have the right, at the City's election, to terminate this Agreement. Such termination shall not affect Provider's right to be paid for its time and materials expended prior to notification of termination. Provider waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Provider agrees to and shall indenrify, defend and hold harmless the City, its officers, agents, employees, consultants, 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 Provider or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement, to the extent that the injury, damages, just compensation, restitution, judicial or equitable relief is caused by the negligence of the Provider. 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. City may make all reasonable decisions with respect to its representation in any legal proceeding. In no case will Provider be required to indemnify or hold harmless the City from injury, damages, just compensation, restitution, judicial or equitable relief caused by the negligence of the City. CONFLICT OF INTEREST Provider 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. LIVE SCAN BACKGROUND CHECK Provider, and any employees, subcontractors or substitutes, in contact with minors Linder eighteen (18) years of age shall airange for and submit to a Live Scan electronic background check for criminal history available through the California Department of Justice as a condition of this Agreement and provide proof of compliance prior to performing services hereunder. 9. 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: Clerk of the Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax (714) 647-6956 With copy to: Executive Director of Parks, Recreation and Community Services City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, California 92702 Fax (714) 571-4211 To Provider: Darren B. Jones Brainstorm Studios, LLC 5430 Trabuco Rd., Suitel50 Irvine, CA 92620 Phone: (949) 607-8676 Email: infor brainstormedu.com 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. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Provider regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terns 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 Provider. 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 Provider or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or othenvise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 11. ASSIGNMENT/SUBSTITUTES a. Assigrunent. The experience, knowledge, capability and reputation of Provider were a substantial inducement for City to enter into this Agreement. Therefore, Provider 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. b. Substitutes. In the event Provider is not able to teach a class due to illness or some other cause beyond Provider's reasonable control, Provider must procure, at its sole expense, a qualified substitute instructor to teach the class at its regular time and place. Provider shall ensure that substitute instructors are at least twenty-one (21) years of age and comply with the City's insurance and live scan requirements contained herein. Evidence of compliance with City's insurance and live scan requirements shall be provided upon request. Provider must immediately notify the City of the substitute instructor's name, qualifications, address and phone number. If Provider cannot procure a qualified substitute and the City is unable to assist in this regard, then the class shalt be canceled and a make-up class must be added to the session. Provider must notify participants as soon as possible of any class cancellation and make-up class. Provider must personally teach at least seventy-five percent (75%) of its offered classes. 12. TERMINATION a. This Agreement maybe terminated by the City upon thirty (30) days written notice of termination. In such event, Provider shall be entitled to receive, and City shall pay Provider, compensation for all services rendered prior to the effective date of termination. b. Termination or cancellation of classes by the Provider outside of Section 1 Lb, must be given to the City at least thirty (30) days prior to termination/cancellation. Failure to provide adequate cancellation notice to the City may put future contracting of business with the City at risk and will result in the City's retention of ten (10%) percent of the final payment to Provider. 13. RECORDS Provider shall use attendance sheets generated and supplied by the City to record attendance in each class. Provider shall keep these and any other records in conriection with the work to be performed under this Agreement and shall permit City, upon request, to review such records for a period of three (3) years from the date of final payment to Provider under this Agreement. 14. NON-DISCRIMINATION Provider shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, 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. Provider affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. N-2018-003 15. JURISDICTION—VENUE This Agreement has been executed and delivered in the State of California and the validity, inteipretation, 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. 16, LICENSES Provider 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, 17. SEVERABILITY In the event that one or more of the phrases, sentences, clauses, paragraphs or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs or sections of this Agreement, which shall be interpreted to carry out the intent of the parties hereunder. 18. EXHIBITS All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 19. AUTHORITY The person(s) executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement, the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: c-S�'.�� Maria D. Huizar Clerk of the Council t � CITY OF SANTA ANA Raul Godinez II City Manager [Signatures continue on next page] 6 APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: ' c Y< John Funk Assistant City Attorney RECOMMENDED FOR APPROVAL: Gerardo Mouet Executive Director of Parks, Recreation and Community Services Agency Exhibit A SCOPE OF SERVICES A. Provider shall conduct Lego Technology classes for ages 6-9 years old. B. Provider shall teach such or similar classes (1) at the times below at facilities to be designated by the City or (2) on a schedule agreed upon by the parties for each class session or tern, including the location, specific days and hours when classes will be held, and holidays to be observed, in accordance with City's needs. LEGO Engineering: Superhero City class will consist of monthly sessions, held one day per week, 1 hour per day. Young Einstein's: STEM lab class will consist of monthly sessions, held one day per week, 1 hour per day. STEAM University: Teaching w/Technology class will consist of monthly sessions, one day per week, 1 hour per day. C. Provider shall provide all materials, supplies, equipment, records and personnel. Provider shall be responsible for clean-up of the facilities and materials and shall ensure the safety and effectiveness of instruction. CLASS SIZE A. Each class must have a minimum of 10 paid student and no more than 24 students. B. No registration will be accepted after the second meeting of classes. C. If the minimum registration has not been reached by the second class, the class shall be cancelled. Provider will be under no obligation to provide services for the cancelled classes, and the City will have no further obligations to pay Provider compensation for the remaining classes that were cancelled in that session. CLASS FEES A. Each participant shall pay class registration fees as established by City. B. Provider may not waive class participation/registration fees. C. Only registered participants may participate in class. D. Any refunds to paiticipants will be made in accordance with City policy. E. Any materials fee shall be established by mutual agreement of City and Provider and shall be payable directly to Provider. BRASS -1 OP ID: I A CERTIFICATE OF LIABILITY INSURANCE DATE A 2104/ 017 12!0412017 THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must 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 PRODUCER Paul Muench Company 2107 N. Broadway Suite 205 Santa Ana, CA 92706 Robert T Walker INSURED Darren Jones 5430 Trabuco Rd., Ste 150 Irvine, CA 92629 IN&IM04.111=E rtr1VFRAr;FA CFRTIFICATF NI IMRFR• RFVIAION NIIMRFR. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSft _ ADDL SUER' - LTR TY PE OF INSURANCE POLICY NUMBER POLICY EFF POLICY EXP MMIDDIYYYY flaIMMONYWI LIMITS - GENERAL LIABILITY EACH OCCURRENCE $ 2,000,00 A X COMMERCIAL GENERAL LIABILITY X PHPK1651604 DAFAAGETDREN'ED ____.__. 0910112017 OW0112018 PREMISES Ea oo>avFGpe -. $ _ 200,00_ CLAIMS -MADE 4:1 OCCUR MED EXP (My ane person) ? $ 5100 T PEftSONALBADV INJURY $ 2,090,000 GENERAL AGGREGATE $ 4,000,000 GEN'LAGGREGArF LIMITAPPLIESPER PRODUCTS - COMPIOP AGO $ 4,000,000 ''. PEO _ $ XII POLICY LOC I AUTOMOBILE LIABILITY CEa accideOMBINEDnt $ SINGLE LIMIT 1,000,000 A Iii ANYAUIO PHPK1551604 09/0112017:0910112018 BODILY INJURY (Per person) a F ALL OWNED SCHEDULED BODILY INJURY(Peracsident) $ AUTOS ON OWNED X HIR SAUTOS I,� AUTOS AUTOS PROPERTY DAMAGE $ PER ACCIDENT -- UMBRELLA LIAa OCCUR EACH OCCURRENCE $ EXCESS LIA9 CLAIMS -MADE' AGGREGATE _ $ DED RETENTION$ WORKERS COMPENSATIONWC STATU- OTH- ANDEMPLOYERS'LIABILITY YIN I TORYLIMITS _ ANY PROPRIETOR/PARTNERIEXECUTIVE I E.L. EACH ACCIDENT ! $ OFFICERIMEMBER EXCLUDED? '', N I A —- (MantlatnrylnNH) E. L. DISEASE - EA EMPLOYEE S F yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE- POLICY LIMIT '.$ A PROFESSIONAL LIABI PHPK1651604 09/01/2097 09/01/2018 P/L 1,000,000 A SEXUALABUSE PHPK1651604 .09/01/2097 09/01/2018 'S/A 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ABaoh ACORO 101, Addltlonal Remarks Schedule, If more space Is required) V1 ° r]FRTIFICATF HOI nFR CANCFI I. ATION. O 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 26 (2010105) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN THE CITY OF SANTA ANA ACCORDANCE WITH THE POLICY PROVISIONS. 20 CIVIC CENTER PLAZA, M23 SANTA ANA, CA 92701 AUTHORIZED REPRESENTATIVE O 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 26 (2010105) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: PHPK1551604 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGAN IZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s): Or Organization(s): AS REQUIRED PER WRITTEN CONTRACT. Inforniation required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to Include as an additional insured to the person(s) or Organization(s) shown in schedule, but only With respect to liability for "bodily injury" "property" damage" or "personal and advertizing injury" caused, in whole or in part by: B. With respect to the insurance afforded to these additional insured, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after 1. Your acts or omissions; 1. All work, including materials, parts or equip - 2. The acts or omissions of those acting on your behalf; ment furnished in connection with such work, in the performance of your ongoing operations for on the project (other than service maintenance the additional insured(s) at the location(s) or repairs) to be performed by or on behalf of designated above the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another Contractor or subcontractor engaged in performing operations for a principal as a part of the same project. aC'���e� 2 cc)P,P POLICY NUMBER: PHPK1551604 Commercial General Liability CG 20 0104 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTORY OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution from any other insurance available to the Primary & Non-contributory Insurance additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (I) The additional insured is a Named Insured under such other insurance; and as required by written contract POLICY NUMBER: PHPK1551604 CG 20 0104 13 WORKERS' ( O)MPL'iS:AI O\ DF,C'I .,\RA !S)V het by artirm undat penalty oE' 4X ul'q, the ("mme Niel Iallo%ain" declaration [ eortitj on hahnit of i}j 'l�`� t f ��% that dKI'LU the term or my V.1madlgm t oogaro 4ain�a contract too Recreation Classes- ser%ices kith the Cite or5anta Ana, I will . ... . _ . not employ any persue in any manner no us to hCCQnlc subject to the rwrkers' compensation lags orAMA. anis agree that it I should become subject to time %%trAvY compensation pininislans orkahn 3700 orse Labor Cod, I shall lizrtr uhh comply will those provisions and pro%ide pruofot %corkers' compcnsutitan co%erage. DATF. �. l By -- �_ r i yr r„. tile: 1elCpliZlnC / i' 61 %A.RNrNCR FAILURE URE TO SECURE "ORKER.S' COMPE NS_VI'ION COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOVER TO CRINIINAL PENALTIES AND CIVIL FtNES UP TO ONE HUNDRED THOUSAND DOLLARS (310(1,0(70). IN ADDITION TO THE COST OF COMPENSATION, DAMAGES ;AS PROVIDED FOR IN SECTION 3706 OF TIIF LABOR CODE. INTEREST. AND VTTORNEti'S FEES. ---a1 BRASS -1 OP ID: NB ,d►41%.1 CERTIFICATE OF LIABILITY INSURANCE OATE,M91201Y1'Y) 08/29/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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 PRODUCER NAME: y Norma E. Brown Paul Muench Company HONe - —FAX- 2107 N. Broadway Suite 205 Alc No E,4):714-689-0055 lac No): 714-68! Santa Ana, CA 92706 E-MAIL Robert T Walker ADDRESS: norma@paulmuench.com NAIC p INSURERA: Philadelphia Indemnity Ins Co INSURED Brain Storm Studios INSURER B: Darren Jones N" 003 5430 Trabuco Rd., Ste 150 INSURER C: Irvine, CA 92629 INSURER D: INSURER E, INSURER F: CnV1=RAr-0GR r F:RTIRIn ATF NI Illi RFVICIPIN I'll IMRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUER LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF POLICY EXP MM/DDIYYYY MM/DD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 2,000,006 A X COMMERCIAL GENERAL LIABILITY Y PHPK1551604 09/01/2018 09/01/2019 DAMAGE TO RENTED 266,666 PREMISES (Ea occurrence) $. _ CLAIMS -MADE X OCCUR MED EXP (Any one person) S 5,000 PERSONAL S ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 4,000,000 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGO $ 4,000,000 X 11 POLICY PED LOC IS AUTOMOBILE LIABILITY COMBINEDSINGLE LIMIT 1,006,060 A ANY AUTO PHPKIS51604 09/01/2018 09/0112019 BO DI LY IWILEY(Per person) $ _ ALL OWNED I SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS X X NON -OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS _(PER ACCIDENT) IS UMBRELLA LIPS ,OCCUR i EACH OCCURRENCE $ EXCESS LIAR CLAIMS -MADE AGGREGATE . OED RETENTIONS $ WORKERS COMPENSATION WC STATU- I OTH- AND EMPLOYERS' LIABILITY YIN TORYLIMIIS;. ER ANY PROPRIETORIPARTNERIEXECUTIVE E.L. EACH ACCIDENT S OFFICERIMEMBER EXCLUDED? ❑ NIA -- — _-- - (MandatorylnNH) E.L. DISEASE-EAEMPLOYEE S II yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT S A PROFESSIONAL LIABI PHPK1551604 09/01/2018 09/01/2019 P/L 1,000,000 A SEXUAL ABUSE PHPKIS51604 09/01/2018 09/01/2019 S/A 1,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) e W�t� THE CITY OF SANTA ANA 20 CIVIC CENTER PLAZA, M23 SANTA ANA, CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESEENNT/T`%1,4.d,w.AATTWE J \A—e w- K. ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD A� or CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 09/05/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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 TA T CON PHONE FAX Automatic Data Processing Insurance Agency, Inc. IAIc, Ne,_E.9;- ____ __ _ RUC, No): 1 Adp Boulevard n DRESS: Roseland, NJ 07068 1 INSIIRFRISIAFFORmNGCOVFRAAF NAICa INSURED BRAINSTORM STUDIOS LLC 31105 RANCHO VIEJO RD STE C8 San Juan Capistrano, CA 92675 INSURERA: Employers Compensation Insurance company 11512 INSURER B: INSURER C: _ INSURER D: INSURER E COVERAGES CERTIFICATE NUMBER: 975043 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR �AOOLSUe0. POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MMIDDIYYYY MMIDDIYYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S _-- -DAMAGE TO RFNTED__ CLAIMS -MADE OCCUR PREMISES (Ea occurrence) _ S MED EXP (Any one person) 5 PERSONAL S ADV INJURY 5 GEN'L AGGREGATE LI MIT APPLIES PER GENERAL AGGREGATE $ RO PRO- POLICY JECTLOC PRODUCTS-COMPIOPAGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 5 _ (Ea accident) ANY AUTO BODILY INJURY (Per person) 8 - ALL OWNED SCHEDULED BODILY INJURY (Per accident) 5 AUTOS AUTOS _ - NON -OWNED PROPERTY DAMAGE $ HIRED AUTOS __. AUTOS (Peraccitlent UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ DED RETENTIONS $ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS' LIABILITYYIN STATUTE ER ANY PROPRIETORIPARTNERIEXECUTIVE A � NIA N EIG208741804 03/20/2016 03/20/2019 E. L EACH ACCIDENT $ 1,000,000 - ---- - - OFFICERIMEMBER EXCLUDED? 1,000,000 (MantlateryinNH) EL DISEASE - EA EMPLOYEE $ If yes, describe under 1,000,000 DESCRIPTION OF OPERATIONS below EL DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached it mare space is required) 6101. "4,044e {� GueJaS�` LICK I IYIUA I t KULLICK L,AINL.tLLA I ILI N��v�\\�' w F' The City of Santa Ana 20 Civic Center Plaza M-23 Santa Ana, CA 92701 SHOULD ANY OF THE ABOVE DESCRIEIPPOLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: PHPK1683704 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGAN IZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s): Or Organization(s): AS REQUIRED BY WRITTEN CONTRAC Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II Who Is An Insured is amended to B. With respect to the insurance afforded to these Include as an additional insured to the person(s) or additional insured, the following additional exclusions apply: Organization(s) shown in schedule, but only With respect to liability for "bodily injury" "property" damage" or "personal and advertizing injury" This insurance does not apply to "bodily caused, in whole or in part by: injury" or "property damage" occurring after 1. Your acts or omissions; 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above PRIMARY WORDING APPLIES All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another Contractor or subcontractor engaged in performing operations for a principal as a part ofthd°. same project. ,` y L eA`e� � �5 5�y� S�Pa �G Q POLICY NUMBER: PHPKI551604 Commercial General Liability CG 20 0104 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTORY OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution from any other insurance available to the Primary & Non-contributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: CG 20 0104 13 additional insured.