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HomeMy WebLinkAboutCREATIVE EDGE AMUSEMENTS, INC.o�� INSURANCE NOT ON FILE N-2022-157 1 ZRK MAY NOT PROCEED p CLERK OF COUNCIL DATE: 0-1 AGREEMENT WITH CREATIVE EDGE AMUSEMENTS, INC., TO PROVIDE OUTDOOR INFLATABLE ATTRACTIONS THIS AGREEMENT is made and entered into this (0 day of June, 2022, by and between Creative Edge Amusements, Inc., a California corporation ("Contractor), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a contractor to furnish inflatable attractions in conjunction with outdoor movie events at various City parks. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES a. Contractor shall furnish inflatable attractions, including setup and teardown, as well as the equipment necessary and at least one (1) staff member to operate the attractions, as more fully described in Exhibit A attached hereto and incorporated by reference. b. City grants Contractor the right to enter its property for the purpose of delivery, set-up, operation, and pick-up. C. The equipment shall be disassembled and removed by Contractor at the conclusion of each event. d. The City reserves the right to administratively change event locations and dates upon mutual written agreement between the parties. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit A. The total amount to be expended under this Agreement shall not exceed Forty -Two Thousand Eight Hundred Dollars and Zero Cents ($42,800.00). Page i of 9 b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to the City's accounting procedures. C. Payment need not be made for work that fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by the City. 3. TERM This Agreement shall commence on the date first written above and terminate on December 31, 2022, unless terminated earlier in accordance with Section 17, below. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Ifthe services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT 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. 6. OWNERSHIP Or 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 subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Page 2 of 9 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, firrk'Iit;7UM Contractor shall procure and maintain for the duration of the contract Insurance against claims forinjuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. a. Minimum Scope and Limit of Insurance: 1, Commercial General Liability Insurance. Contractor 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 Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. Insurance Services Office Form CG 00 01 covering COL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $29000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit, 2. Automobile Liability. ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non -owned autos (Code 9), with a limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Worker's Compensation Insurance. In accordance with California State law, Contractor, if Contractor 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, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. 4, Broader Coverage. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess ofthe specified minimum limits of insurance and coverage shall be available to the City, b, Other Insurance Provisions Page 3 of 9 Additional Insured Status. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGI, policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connectionwith such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 1185 or if not available, through the addition of both CG 20 10, CO 20 26, CG 20 33, or CG 20 38; and CG 2037 if a later edition is used). 2. Primary Coverage. For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CO 20 01 0413 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it, 3. Notice of Cancellation. Each insurance policy required above shall Provide that coverage shall not be canceled, except with notice to the City. 4. Waiver of Subrogation. Contractor hereby grants to City a waiver of any right to subrogation that any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer, Self -Insured Retentions. Self -insured retentions must be declared to and approved by the City. The City may require the 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. The policy language shall provide, or be endorsed to provide, that the self insured retention may be satisfied by either the named insured or City. 6. Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A; VH, unless otherwise acceptable to the City. Verification of Coverage. Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting Page 4 of 9 coverage requiredby this clause) and a copy of the Declarations and Endorsement Pago of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies,including endorsements required by these specifications, at anytime. 8. Subcontractors. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. 9. 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. 8. INDEMNIFICATION Contractor agrees to defend, and shall indemnify 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 Contractor or its subconsultants, 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. 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 of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend, indemnify and hold harmless the City, its officers, agents, Page 5 of 9 representatives, and employees against any and all liability, including costs, and attorney's fees, for Infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. L[ MallUQ 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. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreernent, 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. 12. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. 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; Page 6 of 9 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 copy to: Executive Director Parks, Recreation, and Community Services Agency City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, California 92702 To Contractor: Creative Edge Amusements, Inc. Attn: Steven Nero 12104 Park Street Cerritos, CA 90703 Office: 866-275-9197 Direct: 714-231-2779 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 timeframes, weekends, federal, state, County or City holidays shall be excluded. 14, EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor 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 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. Theparties 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 are not embodied herein. Page 7 of 9 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by Citypersonnel or by other consultants retained by City. 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. 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 completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this Agreement. 18, 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 applicable federal, state and local laws and regulations. 19. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, Page 8 of 9 N-2022-157 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 finther 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. 20. 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. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: `-�andon Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL CITY OF SANTA ANA 'XRISTINE RIDGE City Manager CONTRACTOR Steven N�� President Steven Mendoza fJun 6, 202213:18 POT) Executive Director Parks, Recreation, and Community Services Agency Page 9 of 9 EXHIBIT A Creative Edge Amusements Inc 12104 Park Street Cerritos, CA 90703 Steve Direct: 714-231-2779 Office Number: 866-275-9197 Steve Direct: 714-231-2779 Quote Bill To: City of Santa Ana Quote Date: May 29, 2022 c/o Sonia Batres Recreation and Community Events Supervisor 20 civic Center Plaza Santa Ana, CA 92701 EXHIBIT A Date Type Description Park Name Total Due 6/8/2022 2 Inflatables Total Campesino Park $ 1,850.00 Dash and splash $ 450.00 Fire n ice $ 500.00 staffing and 2 generators $ 900.00 6/15/2022 4lnflatables Total Delhi Park $ 3,600.00 Castle Combo Bouncer $ 350.00 25 foot Zip it obstacle course $ 500.00 Dash and splash $ 450.00 Fire n ice $ 500.00 staffing and 4 generators $ 1,800.00 6/22/2022 4lnflatables Total Thornton Park $ 3,600.00 Castle Combo Bouncer $ 350.00 25 foot Zip it obstacle course $ 500.00 Dash and splash $ 450.00 Fire n ice $ 500.00 staffing and 4 generators $ 1,800.00 6/29/2022 4lnflatables Total Jerome Park $ 3,600.00 Castle Combo Bouncer $ 350.00 25 foot Zip it obstacle course $ 500.00 Dash and splash $ 450.00 Fire n ice $ 500.00 staffing and 4 generators $ 1,800.00 7/6/2022 0 Inflatables Total Santiago Park $0.00 7/13/2022 0lnflatables Total Edna Park $0.00 7/20/2022 4 Inflatables Total Lillie King Park $ 3,600.00 Castle Combo Bouncer $ 350.00 25 foot Zip it obstacle course $ 500.00 Dash and splash $ 450.00 Fire n ice $ 500.00 staffing and 4 generators $ 1,800.00 7/27/2022 4 Inflatables Total El Salvador Park $ 3,600.00 Castle Combo Bouncer $ 350.00 25 foot Zip it obstacle course $ 500.00 Dash and splash $ 450.00 Fire n ice 1.$ 500.00 staffing and 4 generators $ 1,800.00 8/3/2022 4lnflatables Total El Salvador Park $ 3,600.00 Castle Combo Bouncer $ 350.00 25 foot Zip it obstacle course $ 500.00 Dash and splash $ 450.00 Fire n ice $ 500.00 staffing and 4 generators $ 1,800.00 8/10/2022 4lnflatables Total Rosita Park $ 3,600.00 Castle Combo Bouncer $ 350.00 25 foot Zip it obstacle course $ 500.00 Dash and splash $ 450.00 Fire n ice $ 500.00 staffing and 4 generators $ 1,800.00 8/17/2022 3lnflatables Total Madison Park $ 2,650.00 Castle Combo Bouncer $ 350.00 Dash and splash $ 450.00 Fire n ice $ 500.00 staffing and 3 generators $ 1,350.00 8/24/2022 0 Inflatables Total Maybury Park $0.00 8/31/2022 6 inflatables Total Memorial Park $ 13,100.00 Castle Combo Bouncer $ 350.00 50 foot Zip it obstacle course $ 1,000.00 Dash and splash $ 450.00 Lava Twist $ 900.00 Zip line $ 3,400.00 Lost Tomb $ 3,400.00 staffing and 8 generators $ 3,600.00 GRAND Total Total $ 42,800.00 Reminder. Please Include the statement number on your check. EVENT LOCATION Property Name City of Santa Ana -TBD TBD City, State Zip Santa Ana, CA 92701 Event Date TBD Time TBD Package Summer Movies in the Park 2022 Payment Due on Receipt. Payment must be on file in order for an Event Crew to be dispatched to your event. THANK YOU FOR YOUR BUSINESSI Creative Edge Amusements, Inc. Final Draft Agreement Final Audit Report 2022-06-06 Created: 2022-06-06 By: Emerson Frankston (EFrankston@santa-ana.org) Status: Signed Transaction ID: CBJCHBCAABAAfoZ3DxBgFl8yuL5ag9cC2bgX8TGER-o3 "Creative Edge Amusements, Inc. Final Draft Agreement" Histor Y Document created by Emerson Frankston (EFrankston@santa-ana.org) 2022-06-06 - 7:52:37 PM GMT 124 Document emailed to Steven Mendoza (smendoza@santa-ana.org) for signature 2022-06-06 - 7:53:11 PM GMT Email viewed by Steven Mendoza (smendoza@santa-ana.org) 2022-06-06 - 8:18:37 PM GMT &o Document e-signed by Steven Mendoza (smendoza@santa-ana.org) Signature Date: 2022-06-06 - 8:18:56 PM GMT - Time Source: server Agreement completed. 2022-06-06 - 8:18:56 PM GMT 0 Adobe Acrobat Sign Samantha Digitally signed by Samantha M. Lambert Date: 2 CERTIFICATE OF LIABILITY INWftMydE54:3 -07'00' DATE 6/7/2022 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 1NSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. -__.__-____.____.-.---.--__-.-.,.-___r-.-.,___ ..___-------_____ _ __ ------------...-___ _...__ -_ _------------. ____-..........-_ .___—_---------.,..,...-. _ .-_--_--- IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the POIIcy(les) 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 Contact Name Todd Tyler -^ YY-Y-Y _-- - -_ Cosslo Insurance Agency phone (864) 688-0121 Fax PO Box 5987 (AIC, No, Ext) (AIC, No_}; _ .. ................. Greenville, SC 29606 E-Mall: tammy@cossloinsurence.com (864) 6B"121------- -- --- ----- -- -- ----------....------- INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURER A: Nationwide Mutual Insurance Company 23787 ..,....... , . . .--.1... ... ... ... ... . -- .... -- Creative Edge Amusemens Inc. INSURER B Berkley Life & Health Insurance Company 64890 14210 Mulholland Dr. Los Angeles, CA 90077 INSURER C: -.--- --..........--------- --,.,.. _-_ --..._.__ ... ... ,..,..,..--- INSURER D. --- - - -- ..... ,...... ..... -- ----.,.-....,.,..,... --- - .,., .... INSURER E: _ COVERAGES CERTIFICATE NUMBER: 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 CONTRACTOR 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 TYPE OF POLICY ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP ~ LIMITS LTR INSR VVVD (MMIDDIYY) (MMIDDIYY) X COMMERCIAL GENERAL LIABILITY General Agg (Other than Products-C $2,000,000 ❑ ❑ CLAIMS MADE ❑X OCCUR ❑ Each Occurrence $2,000,000 Products and Completed Operations $2,000,000 Personal and Advertising Injury $2,000,000 ❑ A X X FWC0000031476200 8127/2021 8/2712022 Legal Liability to Participants $2,000,000 Professional Liability (for Event Plann $2,000,000 Damages to Premises Rented to You $300,000 ParticipantAccident- ExcessMedica $10,000 Deductible $0 X POLICY PRROJOJ AGGREGATE APPLIES PER PROJECT �LOC OTHER: AUTOMOBILE LIABILITY ANYAUTO COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per Perscn) $ ALL OWNED SCHEDULED AUTOS ❑ AUTOS ❑ HIRED AUTOS NON -OWNED ❑ AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ ❑ ❑ ❑ UMBRELLALIAB ❑ OCCUR — EXCESS LIAB ❑ CLAIMS -MADE DED ❑ RETENTION $___ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY W - PER STATUTE OTH- ER ANY PROPRIETORIPARTNERIEXECUTIVE YIN OFFICEWMEMBEREXCLUDED? ❑ (Mandatory fn NH) NIA if yea, describe under DESCRIPTION OF OPERATIONS below - Total Benefit Maximum for all Accident M - $25,000 Class 1 Principal Sum $25,000 B Accidart Medical PAI L012010778602 8/27/2021 8/27/2022 Benefit Maximum $500,000 Accident Medical Deductible $100 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more sp Party Equipment Rentals Operations located at 737 S State Collage BLVD Unit 94 Fullerton, CA 92831. Certificate Holder Is listed as addiVo reclulred by written contract. The certificate holder is added as an additional insured, but only for IlablRy caused, In whole or In part, by the ac Amusement devices on file with the company for special event(s) dated 618/2022 to 6/8/2022 located at 20 Civic Center Plaza, Santa Ana, Ci included when required by written contract, REVIEWED & APPRovED By. - S `�— Risk ManagementSupentisor CERTIFICATE HOLDER: CANCELLATION City Of Santa Ana, Its Officers, Agents, And Employees 20 Civic Center Plaza Santa Ana, CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POL VIUV ! iL yn,Yy LLGV �CrVRC THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE►- @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: FWC0000031478200 COMMERCIAL GENERAL LIABILITY CG 2011 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - MANAGERS OR LESSORS OF PREMISES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1`3M:L51111>FO Designation Of Premises (Part Leased To You): Name Of Person(s) Or Organization(s) (Additional Insured): City Of Santa Ana, Its Officers, Agents, And Employees 20 Civic Center Plaza Santa Ana, CA 92702 Additional Premium: $ 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 include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Schedule and subject to the following additional exclusions: This insurance does not apply to: 1. Any 'occurrence" which takes place after you cease to be a tenant in that premises. 2. Structural alterations, new construction or demolition operations performed by or on behalf of the person(s) or organization(s) shown in the Schedule. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. 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 to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill — Limits Of insurance: 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: , 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. RxNeP REVIEWED &APPRovmBr. r Risk Management Supervisor CIS 20 11 0413 0 Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: FWC0000031478200 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: City Of Santa Ana, Its Officers, Agents, And Employees 20 Civic Center Plaza Santa Ana, CA 92702 Information re ulred to complete this Schedule, If not shown above, will be shown in the Declarations, The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against OthFJvkMvwVmentDMdon rznyce Section IV — Conditions: ; ' �r REVIEWED&APPRovEDBr We waive any right of recovery we may have against the person or organization shown I above because of payments we make for injury or damage arising out of your ongoing =wm Risk Management Supervisor your work" done under a contract with that person or organization and included in tna proaucis- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 0 Insurance Services Office, Inc., 2008 Page 1 of 1 13 A If the certificate holder is an ADDITIONAL INSURED, the pokcy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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 Heu of such endorsement(s), The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. "S REVIEWED &APPROVED Or Aglow Risk Management Supervisor R�Nkmsrwgowl Rrimwm & APPRavED By., '7are Piewoo Risk PAUIJ9—t 0�i�lAide ACORID 25 (2001/08) CERTIFICATE OF LIABILITY INSURANCE Dale U6lD1/2D22 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 PRODUCES, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) 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 endorsements . PRODUCER CONTACT NAME: CUSTOMER SERVICE PHONE FAX 'A1'C. N Ex 04282342 A1C, C No):8553794454 Infinity Insurance Agency Inc Po Box 204ti Birmingham., AL 35201-2040 E-MAIL ADDRESS: INHNITYBROX,ERSE. VICE IPACC.COM INSURER(S) AFFORDING COVERAGE NAIC i! '.. INSURER A: Infinity Select Insurance Company 20260 INSURED INSURED B : ..INSURED C : Createive Edge Amusements Inc. 12104 Park Street INSURED D : INSURED E ..INSURED CeMtos, CA 90703 F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THUS 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 LTR TYPE OF INSURANCE DL IN TN SUER POLICY NUMBER POLICY' EFF POLICY EXP' LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE OCCUR DAMAGE TO RENTED PR SF. E en e $ MED EXP QAny one person) _ .'. $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $.. POLICY ❑ PRO- O LOC JECT PRODUCTS-COMPIOP AGO $. OTHER: AUTOMOBILE LIABILITY OMDINED SINGLE LIMIT (CEa accident) $. ANY AUTO BODILY INJURY (Per person) $2,000,000.... A OWNED ,� SCHEDULED AUTOS ONLY AUTOS 50461006'1952001 05/0212022 0613012'023 BODILY INJURY Paraccldent ( ) $2,000,000 HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE (Per accident) $100„000 UMBRELLA LIAB OCCUR EACH OCCURRENCE 5 :::JEXCEae AGGREGATE S LIAR rLAI ll,MAIIE DED RETENTION $ $ WORKERS ENSATIO AND EMPLOYERS'LIABILITY PER STATUTE OTH- ER - ANYPRCPRIETORIPARTNEtUEXECUTIVE OFHGERNEMABER E (Mandatory In NH) N 1 A E.B. EACH ACCIDENT _ $ E.L. DISEASE.- EA EMPLOYEE $ IT yes,. describe Under DESCRIPTION OF OPERATIONS below E.L. DISEASE- POLICY LIMIT _ $ DESCRIPTION OF OPERATIONS! LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached Iffmore space is. required) RlsklMorili Al City Of Santa Ana Risk Management 20 Civic Center Plaza Santa Ana, CA 92701 SHOULD ANY OF THE ABOVE DE; BEFORE THE EXPIRATION DATE', ACCORDANCE WITH', THE POLICY �,y orza�u.F DMsIon a REVIEWED ae AP Pii Or 1� Risk Management Supervisor AUTHORIZED REPRESENTATIVE � +MAn q tl R Evw m & AYPRti71 a) 8"r9 �z y r a w ;>rr°^rwwcm 1� '-' "Ri'akMlLe egrn�vn ClerounlxWrdn ��. C 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD T. CERTIFICATE I 022 PRODUCER Baig Insurance Agency Plus 1 Z 3ti1' Pioneer Blvd. Ste. B Artesia, CA - 90701 Faiz Baig - 562.403.1786 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURERAr Employers Preferred Insurance Co NAIL # 10346 INSURED Creative Edge Amusements 12104 Park Street Cerritos, CA-96703 INSURERS: INSURERC: INSURERD: INSURER, E: 4r411F/ :3'.le[e1:kl THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERMOR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR 1MIN513C ADD'L TYPE OF INSURANCE POLICY NUMBER POLICYEFFECTIVE DAjgIMMjDD80j, POLICY EXPIRATION DATE MM DD Y LIMIT'S GENERAL LIABILITY EACHOCCURRENCE. -R COMMERCIAL GENERAL LIABILITY CLAIMS MADE EJ OCCUR -D RTE- PREMISES MED EXP (Any one person) $ PERSONAL& ADV INJURY $ GENERALAGGREGATE $ GEN'LAGGREGATELIMIT APPLIES PER: PRODUCTS -COMP/OPAGG JECT POLICY PRO LOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Perperson) $ ALL OWVNED AUTOS SCHEDULEDAUTOS BODILY INJURY (Peraccidenk) $ HIREDAUTOS NON-OWNEDAUTOS PROPERTYOAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ OTHERTHAN EA.ACC $ ANYAUTO $ AUTOONLY: AGG EXCESSIUMBRELLA LIABILITY EACHOCCURRENCE $ AGGREGATE $ OCCUR CLAIMS MADE $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND WC STATU TORY - OTH- ER A EMPLOYERS'LIABILITY ANY PROPR'IETOPJPARTNER/EXECUTIVE OFRCER/MEMBEREXCLUDED? EIU.-479a364-©1 06/01/2022 06/0'1/20,23 E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE. -EA EMPLOYEE $ 1,000,000 If yes S ECdescdbe under IALPROVISIONS beIow '.. E.L. DISEASE -POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS LOCATIONS IVEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CERTIFICATE HOLDER City Of Santa Ana Risk Management 20 Civic Center Plaza Santa Ana, CA 92791 Ave ACORD 25 (2001/08) SHOULD ANY OF THE, ABOVE DESCRIBED POLIC'.. DATE THEREOF, THE ISSUING INSURER WALL E NOTICE TO THE. CERTIFICATE HOLDER NAMED' IMPOSE. NO OBLIGATION OR UAjdlLilP'W OF ANY REPRESENTATIVES. f/' 7Y 1 Z AUTHORIZED s„y orzau.F a REVIEWED ae APPROVID Or 1� Risk Management Supervisor .nvvrt Iv I-L v T3 YIYKII ILN Risk 1I a RPAE G? & AppRovw f'Y y "d�:t °rC^x�tazcr Ali, f"�Rd51i rN�et��f�rr�r¢CP® I LW,1r i,/' i