HomeMy WebLinkAboutCHOURA EVENTSe9� INSURANCE ONFIL� A-2020-158-37
WORK MAY UNTIL NSURANOCE EXPIRES
a I— - --
CLERK OF COUNCIL
DATE: CONSULTANT AGREEMENT
CITY OF SANTA ANA
PHIS AGREEMENT is hereby made and entered into on this 4L� day of November, 2020,
by and between 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"), and Choura Events, a
California corporation ("Consultant").
RECITALS
A. On March 27, 2020, a special allocation of funds was authorized by the Coronavirus Aid,
Relief, and Economic Security Act ("CARES Act"), Public Law 116-136, Section 601(a)
of the Social Security Act, to prevent, prepare for, and respond to the coronavirus
("COVID-19") pandemic.
B. On August 4, 2020, the Santa Ana City Council authorized the City Manager to utilize
CARES Act funding for various programs in response to the COVID-19 pandemic.
C. Consultant has been selected by the City to receive CARES Act Funds in order to design
and install custom constructed parklets in support of downtown Santa Ana businesses
utilizing outdoor spaces. Consultant represents that it is qualified and willing to provide
such services to the City, and certifies that the services provided with funds under this
Agreement will meet the CARES Act's objectives to respond to this historic COVID-19
public health crisis.
D. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional design and construction consultant 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
Consultant shall perform during the term of this Agreement, the tasks and obligations,
including all labor, materials, tools, equipment, and incidental customary work required to fully
and adequately complete the services described and set forth in the Scope of Work attached hereto
as Exhibit A and incorporated herein by reference.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services for
City, the rates and charges identified in the Compensation and Payment Schedule
attached hereto as Exhibit B. The total sum to be expended under this Agreement shall
not exceed $750,000.00 during the term of this Agreement.
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b. Half of the total amount ($375,000.00) shall be paid by City to Consultant upon
execution of the Agreement. The remaining amount due and owing to Consultant shall
be paid by City to Consultant upon satisfactory completion of the project. Payment by
City shall be made within forty-five (45) days following receipt of proper invoice
evidencing work performed, subject to City accounting procedures. Payment need not
be made for work which fails to meet the standards of performance set forth in the
Recitals which may reasonably be expected by City. If Consultant does not provide
services totaling the amount of the initial payment, Consultant shall refund the excess
payment back to the City.
c. Consultant acknowledges that the source of funding for this Agreement is the federal
CARES Act Fund, and that payments from the CARES Act Funds are only to be used
to make necessary expenditures incurred due to the public health emergency with
respect to COVID-19. The City reserves the right to reduce the amount of CARES Act
Funds to Consultant, or to completely terminate this Agreement, in the City's sole
discretion; if there is a reduction in CARES Act Funds provided to the City.
3. TERM
This Agreement shall commence on the date first written above and continue through
December 30, 2020, unless terminated earlier in accordance with Section 15 below, or pursuant to
the terms of the City's resolution proclaiming a local emergency. This Agreement shall also cover
any and all services provided by the Consultant to the City prior to the Effective Date. The Term
of this Agreement may be extended by a writing executed by the City Manager and the City
Attorney.
4. INDEPENDENT CONTRACTOR
Consultant 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 Consultant
performs the services which are the subject matter of this Agreement; however, the services to be
provided by Consultant shall be provided in a manner consistent with all applicable standards and
regulations governing such services. Consultant 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 Consultant under this Agreement ("Documents & Data"). Consultant
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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.
Consultant represents and warrants that Consultant has the legal right to license any and all
Documents & Data. Consultant makes no such representation and warranty in regard to
Documents & Data which were provided to Consultant 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
Prior to undertaking performance of work under this Agreement, Consultant shall maintain
and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Commercial. General Liability Insurance. Consultant shall maintain commercial
general liability insurance naming the City, its officers, employees, agents,
volunteers and representatives as additional insured(s) and 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 Consultant'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, with $2,000,000 in the
aggregate. Such insurance shall (a) name the City, its officers, employees, agents,
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 insureds provisions.
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include
coverage for owned, hired and non -owned automobiles.
C. Worker's Compensation Insurance. In accordance with the provisions of Section
3700 of the Labor Code, Consultant, if Consultant 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, Consultant agrees to obtain and maintain any employer's liability
insurance with limits not less than $1,000,000 per accident.
d. If Consultant is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit
of not less than $1,000,000 per claim with $2,000,000 in the aggregate.
C. The following requirements apply to the insurance to be provided by Consultant
pursuant to this section:
i. Consultant shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
ii, Certificates of insurance shall be furnished to the City upon execution of
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this Agreement and shall be approved by the City.
iii. 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.
iv. Where the amounts or coverage provided by the certificates of insurance
provides coverage greater than those listed by this Agreement, the amounts
provided by the certificates of insurance shall be incorporated by reference
into the Agreement.
V. Consultant shall supply City with a fully executed additional insured
endorsement.
f. If Consultant 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 and is in force and paid for, the City shall have the right, at the City's
election, to forthwith terminate this Agreement. Such termination shall not affect
Consultant's right to be paid for its time and materials expended prior to notification
of termination. Consultant waives the right to receive compensation and agrees to
indemnify the City for any work performed prior to approval of insurance by the
City.
7. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant 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 Consultant to the City pursuant to this Agreement.
8. INDEMNIFICATION
Consultant 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 Consultant, 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 Consultant
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 Consultant's services are subject to Civil Code Section 2782.8, the above indemnity
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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 Consultant.
9. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed
under this Agreement. Consultant 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 Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant 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. Consultant 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 Consultant under this Agreement.
10. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant 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
Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant
without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e)
is independently developed by the Consultant without reference to information disclosed by the
City.
It. CONFLICT OF INTEREST CLAUSE
Consultant 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.
12. NON-DISCRIMINATION
Consultant 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, training, utilization, promotion, termination or other
employment related activities. Consultant affirms that it is an equal opportunity employer and shall
comply with all applicable federal, state and local laws and regulations.
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13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, 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 Consultant. 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 Consultant 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 Consultant,
Consultant 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 consultants retained by City.
15. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant 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 Consultant 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
Consultant 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.
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17. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be
determined and governed by the laws of the State of California. Both parties further agree that
Orange County, California, shall be the venue for any action or proceeding that may be brought or
arise out of, in connection with or by reason of this Agreement.
18. PROFESSIONAL LICENSES
Consultant 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. Consultant 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:
Clerk of the City 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 courtesy copies to:
City of Santa Ana
20 Civic Center Plaza (M_21�)
P.O. Box 1988
Santa Ana, California 92702-1988
Facsimile (714) 647-
To Consultant:
Choura Events
540 Hawaii Avenue
Torrance, CA 90503
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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. FEDERAL AWARD IDENTIFICATION INFORMATION
Consultant's pertinent Federal Award Identification Information, including DUNS
Number and Federal Award Identification Number (FAIN), as well as the applicable information
for the CARES Act Coronavirus Relief Programs, will be provided to the City and incorporated
herein by this reference, as applicable.
21. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of
this Agreement, and shall indemnify City fully, including reasonable costs and
attorney's fees, for any injuries or damages to City in the event that such authority
or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully
set forth in the body of this Agreement.
C. This Agreement must be signed below and may be signed in counterpart and
delivered by fax, email as a PDF (Portable Document Format) file attachment, or
by other means that displays the original or a copy of the signatures. Any
subsequent amendments may be signed and delivered in the same manner.
(signatures on following page)
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A-2020-158-37
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above written.
ATTEST:
DAISY GOMEZ
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City
By:
Rya
Assi
CITY OF SANTA ANA
KRISTINE RIDGE
City Manager
CHOURA EVENTS
Jim Miller
Chief Financial Officer
Page 9 of 9
EXHIBIT A - SCOPE OF WORK
Choura Events will design and install custom -constructed parklet decks with laydown floor beam and ply system
throughout Downtown Santa Ana in an effort to assist businesses in providing outdoor dining, retail, and public placemaking
space. Decks would be built according to City regulations and standards, flush to curb heights and level for ADA access. The
custom -constructed parklet decks would be pre -fabricated and scalable. Each Parklets can be built within 2-7 days without
negative impacts to business or traffic. The proposed deck configurations may include shade sails, roof panels, solar lights,
furniture (that can be secured to the deck floor), and drought -tolerant plants, or plastic plants. Furthermore, the configurations
would include a weatherization component (tents & anchoring blocks) for the rainy season.
Services and Deliverables: Choura will perform the following Services and shall create and deliver the following
Deliverables, as more particularly described below in connection with DTSA.
1. Services & Rentals:
A. Creative Direction
i. Assistance with build suggestion and design
B. Event Design
i. Manual drawing of existing infrastructure in CAD to scale
ii. 3D renderings in color Rhino CAD
iii. Revisions to renderings
C. Installation
a. Including all labor to design and build everything agreed to between parties
2. Deliverables:
A. Creative Direction Proposals
B. Design Presentations
C. Location Specifications
D. 3-D Rendering of Installation
E. Build and Installation
Client will retain ownership of any pre-existing Client -owned materials including, without limitation, design components, methods,
techniques or processes identified as or incorporated into a Deliverable. All tenting would be owned by Choura.
Working Timeline
SUNDAY
MONDAY
1U6DAY
WmNMAY
I UNSDAY
MIDAY
SATURDAY
18
19
m
21
22
23
24
planning[.➢
Agreements &Wlulie
Insumn[e NeviavdC
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25
26
D
28
29
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31
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Wmimre Mokesm
Julie
SignetlA9teement
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Age NJulk-JC
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10
11
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Exhibit B - Compensation 11/4/20305:11 PM
Payment Schedule
To" Compensa®on $75t),fl00
Payment 50% up -front due 11.10.20 $375,000
Balance due 11.30.20 $375,000
CITY OF SANTA ANA WORK GRID:
E%HIBITA
Iknth
°
a.rk
Beek
wan
shoos
ndn g
amtamn=
fum
zWses ldlag ar parellell
water
pad nllz
she
R
IengN
sails
lights
sn[lons
sets
4
1
310
Coffee Muse
3-D
3
40x16
640
132 y Y
B
2
305
BIN and Barrel
3-D
4
4W16
640
13I Y y
8
3
305
Taquena Guadalajara
2-D
2
35x16
560
127 y Y
8
4
201
4th St Market
4-0
sa#6
928
130 Y y
e
5
104
El Rincon Mexicano
2-0
3
35x16
640
132 y y
8
6
398
Plaza Ca lie Cuatro
0
0
0
y y
l
305
Wursthaus
3-0
40x16
640
132 Y y
10
2
a
117
Pizza Press
2-0
3
35x16
56D
127 Y Y
8
9
209
Chr.Wtas Juice
3-13
3
40a16
640
132 y y
6
10
204
Vacation Bar
2-0
3
35x16
560
127 y y
a
11
306
Kebab Place
3-D
4
4U16
640
132 Y y
8
12
410
Crave Cafe
3-0
3
40x16
64D
132 Y y
g
13
El Indio
1-P
4
1
18x6
108
42 Y y
4
st dosed
Chapter One
great closed
II
Y T
12
st closed
Copper Door
street closed
y y
12
remainderofstreet
street closed
y y
12
East 3rd
14
220
Le Santa
2-P
3
4
35y6
560
227 y y
6
Alley on Main
3rd/
15
Mission Be,
lot
7
y y
6
N spurgedd
1
prom
301
El Mercado Cuisine
promenade
y y
6
prom
303
Ralson 5habu 5habu
promenade
v y
6
16
320
Millugos
1 p
luxe
10e
42 y v
4
17
318
The Chicken Rice
I
luxe
108
42 y y
18
313
Munchies Diner
alley
Y y
4
19
200
Neat Round
2-P
¢
4
35x16
560
127 y Y
8
20
300
MIKMIx
2 P
4
4
35#6
560
127 Y y
8
DECKTOTAB
spinin
OECKCOVERINGTOTAB
_ WiIILTQT.
Exhibit B - Compensation
11/4/20205:I1PM
Deck Covering
MATERIALS SUBTOTALS
TA.0
MATERIALS TOTAL
SERVICES Cm.wB Design
pmjeRManagement
Labor
Shipping
Henry Equipment
SERVICESTOTAL
$ 472,550.00
$ 44,1192.25
$ 517,442.25
$ S,OWAO
$ 4,00100
$ 26,257.75
$ 4,200.00
S 7,000.00
$ 46,45]J5
Total Deck Covering $ 563,900.OD
Weetherization
MATERIALS e"' SUBTDTALB
BLOCKS
MATERIALS TOTAL
SERVICES Creative Design
Pmje. Management
Labor
Shipping
Heuvy Equipment
SERVICESTOTAL
$ 118,OOOA0
$ 168,000.00
$ 1,200A0
$ 1,800.00
$ 9,500.1111
$ 1,400.00
$ 4,000.00
$ 18,1WA0
Wedt119rlgatht. $ 186,300.00
TOTAL PRICE
Clock Covering is a prr h.c-d...d bV Ih Ciry
Woutberimdan:li bona and blocks are used, this prim is/or ,x month rental
ManbrO ureincludedin MebM. Plants menot included
Pvmg,s, prequbedwlll beoddglonaI
'tdarpoweredli9hh
"es6muted. Flnol cartbosed as schro an chosen
"' tent, bmM on staking and blocks
Francine R.
Villareal
, il. R CERTIFICATE OF LIABILITY INSURANCE DATE
/03/ 020
�/ 11/03/2020
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
Weaver & Associates, Inc.
PO Box 1508
CONTACT
NAME:
PHONE
(626) 446-6161 FAX
No: (626) 445-3827
E-MAIL
ADDRESS
Arcadia CA 91077
INSURERS AFFORDING COVERAGE
NAIL#
INSURERA:-State compensation Ina Fund o
35076
INSURED
Choura Events
INSURERB:Hi BCOX Insurance Company Inc
10200
INSURER C :
INSURER D:
540 Hawaii Ave
INSURER E:
Torrance CA 90503
INSURER F :
COVERAGES CERTIFICATE NUMBER: Cart ID 6483 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.
INSR71NSU�NCEIMA.
LTRrWPEPOLICYNUMBEft
ADDL
SUER
POLICY EFF
MMIDDIYYYY
POLICY EXP
MWDD(YYYY
LIMITS
H
Y
EACH OCCURRENCE
$ 1,000,000
IX1R
Y
Y
IIS USN 2731012.20
OS/06/2020
OS/06 /2021
DAMAGE PREMSESOEa °Nc Hence
8 1,000,000
MED EXP (Any one person)
$ 10,000
PERSONAL&ADV INJURY
$ 11000,000
GEN'L
AGGREGATE R:
GENERAL AGGREGATE
$ 2,000,000
X
POLICY0 C
PRODUCTS-COMPIOPAGG
$ 2,000,000
$
OTHER:
AUTOMOBILE
LIABILITY
COMBINED SINGLE LIMIT
ccident
Ea accident)
$ 1,000,000
BODILY INJURY (Per person)
$
H
X
MY AUTO
Y
Y
US DAB 2731180.20
05/06/2020
05/06/2021
OWNED SCHEOULEO
AUTOS ONLY AUTOS
BODILY INJURY (Per accident)$
PROPERTY DAMAGE
Per accident
$
HIRED NON -OWNED
AUTOS ONLY AUTOS ONLY
UMBRELLA LIAR
OCCUR
EACHOCCURRENCE
$
AGGREGATE
$
EXCESSLIAB
CLAIMS�MADE
OED
RETENTION$
$
A
WORKERS COMPENSATION
ANDEMPLOYERS'LIABILITY YIN
ANYPROPRIETDRIPARTNEWEXECUTIVE
OFFICERIMEMBEREXCLUDED?
NIA
Y
9275055-2020
05/06/2020
05/06/2021
PER OTH-
X STATUTE ER
E.L. EACH ACCIDENT
$ 1,000,000
E.L DISEASE -EA EMPLOYEE
$ 1,000,000'
(Mandatory In NH)
#yes, describe under
DESCRIPTION OF OPERATIONS below
E.L. DISEASE -POLICY LIMIT
$ 11000,000
$
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be allached If more space Is required)
The following policy endorsement forma apply on a blanket basis per terse listed on each individual
form in favor of the certificate holder AS required by written contract: Additional Insured &
Waiver of Subrogation with respects to general liability and auto liability; Waiver of Subrogation
with respects to workers' compensation.
General and auto liability is primary non-contributory.
Certificate holder:
City of Santa Ana, officers, agents, employees, and volunteers
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS.
Risk Management Division
20 Civic Center Plaza, AUTHHORRIIZED REPRESENTATIVE
Santa Ana CA 92702 I/� -a s�"e(„ � �OM1
a'I:,.k(^ Remewm Ii APPROVBJ BY:
01988-2015 ACORD C ,. F44>.c;n.t P, V:.[ AUd
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Allimew Risk Management Analyst
Page 1 of 1
ADDITIONAL INSURED ENDORSEMENT
Insurance Company
Hiscox Insurance Company
This endorsement modifies such insurance as is afforded by the provisions of Policy
# US UEN 2731012.20 relating to the following:
1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; it officers,
employees, agents and representative are named as additional insureds ("additional
insureds") with regard to liability and defense of suits arising from the operations and uses
performed by or on behalf of the named insured.
2. With respect to claims arising out of the operations and uses performed by or on behalf of
the named insured, such insurance as is afforded by this policy is primary and is not
additional to or contributing with any other insurance carried by or for the benefit of the
additional insureds.
3. This insurance applies separately to each insured against whom claim is made or suit is
brought except with respect to the company's limits of liability. The inclusion of any person
or organization as an insured shall not affect any right which such person or organization
would have as a claimant if not so included.
4. With respect the additional insureds, this insurance shall not be cancelled, or materially
reduced in coverage or limits except after thirty (30) days written notice has been given to
the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701.
(Completion of the following, including countersignature, is required to make this endorsement effective.)
Effective 05/06/2020
Policy #
US UEN 2731012.20
this endorsement form as part of
Choura Events
Issued to
Name Insured
Countersignedby
Page 20 of 20
Riak Mmugement Dh isimt
REVIEWED & APPROVED BY:
Z V&m a
M=
Risk Manag,rt wn alys[
Hiscox Insurance Company Inc. 40
H ISCOX
Blanket Additional Insured Endorsement
In consideration of the premium charged and on the understanding that all other terms, conditions and exclusions remain
unchanged, it is agreed that this endorsement modes only the terms and conditions of the Coverage Part(s) listed below:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
Name of Person or Organization (Additional Insured)
Persons or Organizations as Described Below
It is agreed that WHO IS COVERED is amended to include the following:
A. Any person or organization from whom you lease a premises, and with whom you have agreed through a written or
oral contract to provide insurance as afforded by this Coverage Part, are added as additional insureds. However:
1. this insurance applies to such additional insured only to the extent of liability arising out of the ownership,
maintenance or use of that particular part of such premises leased to you in your on -going operations; and
2. if coverage provided to the additional insured is required by contract or agreement, the insurance afforded to such
additional insured will not be broader than that which you are required by the contract or agreement or that which
you would have been entitled to coverage under this Coverage Part, whichever is less.
This insurance does not apply to:
1. any occurrence that takes place afteryou cease to be a tenant in the premises or the end of the policy period,
whichever comes first;
2. structural alterations, new construction or demolition operations performed by or on behalf of the additional
insured; or
3. bodily injury, property damage or personal and advertising injury arising out of the sole negligence of the
additional insured.
B. Any person or organization from whom you lease equipment or props, sets and wardrobe, and with whom you have
agreed through a written or oral contract to provide insurance as afforded by this Coverage Part, are added as an
additional insured. However:
1. this insurance applies to such additional insured only to the extent of their liability arising out of the maintenance,
operation or use by you or anyone on your behalf of the equipment or props, sets and wardrobe in the
performance of your on -going operations; and
2. if coverage provided to the additional insured is required by contract or agreement, the insurance afforded to such
additional insured will not be broader than that which you are required by the contract or agreement or that which
you would have been entitled to coverage under this Coverage Part, whichever is less.
This insurance does not apply to:
1, any occurrence that lakes place afterthe equipment or props, sets and wardrobe rental agreement/lease expires
or the end of the policy period, whichever comes first; or
2. bodily injury, property damage or personal and advertising injury arising out of the sole negligence of the
additional insured.
C. Any:
financial institution or any entity that has a fiduciary interest in your business;
Includes copyrighted material of Insurance Services Of6cs, Inc., with its permission.
rtue mnugeman utmslan
i Y REVIEWED&APPROVED 6y:
°'_litlIllld'.L': ��.cw:r.r �. U:U.rnuP
Risk Management Analyst
EGL E4310 CW (03/15)
Hiscox Insurance Company Inc.
HISCOX
2. State, Municipality or other Political Subdivision;
3. payroll service;
4. advertising agency and/or advertiser; or
5. distributor
for whom you are contractually obligated to provide insurance as afforded by this Coverage Part, are added as
insureds. However:
1. if coverage provided to the additional insured is required by contract or agreement, the insurance afforded to such
additional insured will not be broader than that which you are required by the contract or agreement or that which
you would have been entitled to coverage under this Coverage Part, whichever is less.
2. this insurance does not apply to bodily injury, property damage or personal and advertising injury arising out
of the sole negligence of the additional insured.
In the case of oral agreements, the agreement must also be evidenced by a certificate of insurance issued for you by us or
on our behalf.
For the purposes of coverage provided by this endorsement only, HOW MUCH WE WILL PAY is amended to include the
following:
If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the
additional insured is the amount of insurance:
A. required by the contract or agreement; or
B. available under the applicable Limits of Insurance stated in the Declarations;
whichever is less.
Any payments we make under this endorsement will be a part of and not in addition to the applicable Limits of Insurance
stated in the Declarations.
The title of the endorsement is solely for ease of reference and forms no part of the terms and conditions of coverage.
Includes copyrighted material of Insurance services Ottice, Inc., with its
EGL E4310 CW (03115)
RIA Mansgemet DMslmr
rREVIEWED&pAPPROVED BY:
81� o_s"9<�e� rMi-tYnn�f ram. V:i%inlect
Risk Management Malyet
H I SCOX Entertainment policy jacket
Policy wording
24. No benefit to carrier or No person or organization having custody of insured property will benefit from this insurance other
bailee than the insured.
25. Non -Renewal If we decide not to renew this Policy, we will mail or deliver to the first named insured stated in the
Declarations written notice of the nonrenewal not less than 60 days before the expiration date. If
notice of nonrenewal is mailed, proof of mailing will be sufficient proof of notice.
26. Other insurance If, at the time of the loss, there is other insurance available which would apply in the absence of this
Policy, the insurance provided by this Policy will apply as excess insurance over the other insurance
whether or not the insured can collect on such other insurance.
27. Premium audit If this Policy is issued on an auditable basis, the estimated premium is based on the exposures that
you told us you would have when this Policy began. We will compute the final premium due when
we determine your actual exposures. The estimated total premium will be credited against the final
premium due and you will be billed for the balance if any. If the estimated total premium exceeds the
final premium due, a refund will be issued to the first named insured stated in the Declarations. The
first named insured stated in the Declarations is responsible for any additional premium due as a
result of an audit. You must keep records of the information we need for premium computation and
send us copies at such times as we may request.
28. Recovered property If, after a loss payment by us, any lost or damaged property is recovered by the insured or by us,
the party making the recovery must give the other party prompt notice.
If any recovered property has a salvage value, we will control the disposition of such salvage.
When property is recovered, the insured may either keep the recovered property and return the
applicable payment to us or keep the payment and we will keep the recovered property.
If any recovered property the insured chooses to keep is in need of repair at the time of recovery,
we will pay for the repairs subject to the applicable Limit of Insurance stated in the Declarations and
any Basis of Settlement provisions.
If any recovered property has salvage value, all amounts recovered by us shall first be applied to the
amount that we have paid to the insured with respect to the claim, next to our costs of recovery,
including our attorney's fees, and then to reimburse the insured for the insured's deductible
amount and any uninsured amounts the insured may have incurred. We will determine the amount
of loss or damage on the basis on which it would have been settled had the amount of recovery
been known at the time the loss was originally determined.
29. Representations By acceptance of this Policy, you agree that any application form, and any representations and
statements made to us by you or by anyone on your behalf are true, accurate and complete, and
that we have relied upon such information in issuing this Policy. The application form will be deemed
part of the Policy. If we determine that such information or any materials submitted in support
thereof were untrue, inaccurate, or misleading in any material respect, then we are entitled to
rescind any relevant Coverage Part.
30. Subrogation Upon payment for any loss under this Policy, the insured's rights to recover for the loss from any
person or entity shall be transferred to us to the extent of our payment, regardless of whether the
Insured has fully recovered or been made whole for the loss. The insured must do nothing after
loss to impair such rights.
At our request, the insured will bring suit against the persons or entities responsible for the loss or
we may bring suit in the insured's name or as the insured's assignee. All amounts recovered by us
or by the insured from any such person or entity shall first be applied to reimburse us for the amount
that we have paid to the insured with respect to the claim, next to our cost of recovery, including
our attorney fees, and only then to the insured for the insured's deductible amount and any
uninsured amounts the insured may have incurred or any portion of the loss for which the insured
has not been made whole.
We will waive the right of recovery we would otherwise have had against another individual or entity
only if the insured has waived the insured's right of recovery against such individual or entity in a
written contract or agreement that is fully executed before the loss.
RiskMansgsmenE Dirvidon
RwEwED&APPRovm8r
- -- - a aok Management Malyst
ENT P4000 CW (3115) — Entertainment Policy Jacket
Hiscox Insurance Company Inc. Am
HISCOX
Additional Insured — Person or Organization
In consideration of the premium charged and on the understanding that all other terms, conditions and exclusions remain
unchanged, it is agreed that this endorsement modifies only the terms and conditions of the Coverage Part(s) listed below:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization (Additional Insured)
1. All of your clients when required by written contract.
2. All owners, operators and managers of premises where you conduct your operations,
when required by written contract or per Certificates on file.
It is agreed that WHO IS COVERED is amended to include the person or organization stated in the Schedule above as an
additional insured, but only to the extent of such additional insured's liability for bodily injury, property damage or
personal and advertising injury caused by or arising from your acts or omissions or the acts or omissions of those acting
on your behalf:
A. in the performance of your on -going operations; or
B. in connection with your premises owned by or rented to you.
However, if coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to
such additional Insured will not be broader than that which you are required by the contract or agreement or that which you
would have been entitled to under this Coverage Part, whichever is less.
11. For the purposes of coverage provided by this endorsement only, HOW MUCH WE WILL PAY is amended to include the
following:
If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the
additional insured is the amount of insurance:
A. required by the contract or agreement; or
B. available under the applicable Limits of Insurance stated in the Declarations;
whichever is less.
Any payments we make under this endorsement will be a part of and not in addition to the applicable Limits of Insurance
stated in the Declarations.
The title of the endorsement is solely for ease of reference and forms no part of the terms and condi
Includes copyrighted material of Insurance Services Once, Inc.. with its permission.
EGL E4316 CW (03/15)
ltisk Manageunt Division
o ReneWED&ArrRovm8y:
°I..Vxtn lj j FW" R, V&AVAl
` Risk Management Malyst
POLICY NUMBER: US UAE 2731080.19 COMMERCIAL AUTO
CA 04 4410 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless
modified by the endorsement,
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated
below.
Named Insured:Choura Events
Endorsement Effective Date: :05/06/2019
SCHEDULE
Names) Of Person(s) Or Organiaation(s):
Person or Organization As Required by Written Contract
information required to complete this Schedule, if not shown above, will be shown in the Declarations. I
The Transfer Of Rights Of Recovery Against
Others To Us condition does not apply to the
person(s) or organization(s) shown in the Schedule,
but only to the extent that subrogation is waived prior
to the "accident" or the "loss" under a contract with
that person or organization.
CA 04 44 10 13 @Insurance Services Office, Inc., 2011
ff
Risk Managematt tlWian
[REVIE & AP1PIR® O�V�BY:
�1
RPsk Management Analyst
Hiscox Insurance Company Inc. 6410
HISCOX
Blanket Additional Insured Endorsement
In consideration of the premium charged and on the understanding that all other terms, conditions and exclusions remain
unchanged, R is agreed that this endorsement modifies only the terms and conditions of the Business Auto Coverage Form.
.. Name of Person or Organization (Additional Insured)
As Required by Written Contract
Section II — Covered Autos Liability — Coverage - Who is an Insured, is amended to add the following:
d. Any person or organization, leasing "autos" to an "insured"; and
e. Any of the following persons or entity types:
(1) Financial guarantor and fiduciary;
(2) State, Municipality or other Political Subdivisions;
(3) Payroll services;
(4) Advertising agencies and/or advertiser;
(5) Distributor;
(6). Record label; or
(7) Personal service or loan out corporation while acting within the scope of their duties for you,
with whom you are contractually obligated to provide insurance as is afforded by this Policy. However, this insurance applies
to such an "insured" only to the extent that:
(1) the liability arises out of your business operations; and
(2) the Policy would cover you for the same "accident" or "suit'.
The title of the endorsement is solely for ease of reference and forms no part of the terms and conditions of coverage.
Includes copyrighted material of Insurance Services Once, Inc., with its permission.
RhVso & em ovEDsi y.
Rsvlskvm & APPROV®ev:
Risk Management Analyst
C..11 CI I I O 11I11."1. I1
ENDORSEMENT AGREEMENT
BROKER COPY
WAIVER OF SUBROGATION
BLANKET BASIS
HOME OFFICE
SAN FRANCISCO EFFECTIVE MAY 6, 2020 AT 12.01 A.M.
ALL EFFECTIVE DATES ARE AND EXPIRING MAY 6, 2021 AT 12.01 A.M.
AT 12:01 AM PACIFIC
STANDARD TIME OR THE
TIME INDICATED AT
PACIFIC STANDARD TIME
CHOURA EVENTS
540 HAWAII AVE
TORRANCE, CA 90503
WE HAVE THE RIGHT TO RECOVER OUR PAYMENTS FROM ANYONE
LIABLE FOR AN INJURY COVERED BY THIS POLICY. WE WILL
NOT ENFORCE OUR RIGHT AGAINST THE PERSON OR
ORGANIZATION NAMED IN THE SCHEDULE.
THIS AGREEMENT APPLIES ONLY TO THE EXTENT THAT YOU
PERFORM WORK UNDER A WRITTEN CONTRACT THAT REQUIRES YOU
TO OBTAIN THIS AGREEMENT FROM US.
THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE
2.00% OF THE TOTAL POLICY PREMIUM.
SCHEDULE
PERSON OR ORGANIZATION JOB DESCRIPTION
ANY PERSON OR ORGANIZATION BLANKET WAIVER OF
FOR WHOM THE NAMED INSURED SUBROGATION
HAS AGREED BY WRITTEN
CONTRACT TO FURNISH THIS
WAIVER
REP A3
9275055-20
NEW
SC
9-95-01-86
PAGE 1 OF 1
NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE
OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS
POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE
HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR
LIMITATIONS OF THIS ENDORSEMENT.
COUNTERSIGNED AND ISSUEDAT
SSAANN FFRRANCISCO:
AUTHORIZED REPRESEN'{
SCIF FORM 10217 (RE V.7-20141
APRIL 28, 2020
Una". -. .X�/"-
PRESIDENT AND
RIAMmagmnent Division
REMEWEDSAPPROVED BY.
®.
Rak Mana9ertren[Mnlys[ -