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HomeMy WebLinkAboutELITE SPECIAL EVENTS, INC. (2)INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES N-2022-211 CLERK OF COUNCIL DATE: N AGREEMENT WITH ELITE SPECIAL EVENTS, INC., TO PROVIDE EQIPMENT ® AND STAFFING SERVICES FOR OUTDOOR PARK EVENTS cV "' THIS AGREEMENT is made and entered into this 4th day of August 2022, by and between Elite .D cD Special Events, Inc., a California corporation ("Contractor"), and the City of Santa Ana, a charter Q city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). PKoyd s,,w�kQ(T,,'� RECITALS A. The City desires to retain a contractor to provide equipment and services at various City parks for the City's outdoor programming, including the City's Concerts in the Park series, the Chicano Heritage Festival, and the Mid -Autumn Festival. 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 from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES a. Contractor shall, during the term of this Agreement, provide the equipment and services as further described and set forth in Exhibit A, Exhibit B, and Exhibit C attached hereto and incorporated in full. b. City grants Contractor the right to enter its property for the purpose of delivery, set- up, operation, and pick-up on the days of the scheduled events. C. The equipment shall be disassembled and removed by Contractor at the conclusion of each event. d. The City reserves the right to administratively change event locations and dates upon mutual written agreement between the parties. e. The City may allow Contractor to park its vehicle in a City owned, gated parking lot from August 4, 2022 through August 26, 2022. Contractor understands that City never intended, nor designed its lot to be used as a storage facility and acknowledges that City does not guarantee the security of the property being stored. In addition, Contractor realizes the City parking lot is not guarded. Therefore, Contractor agrees to assume fall responsibility for and risk of any and all property Page 1 of 10 damage due to the negligence of City, criminal acts of a third -party, or otherwise while Contractor's vehicle is parked during the dates provided above. Any days of parking in addition to the dates provided above shall incur a cost of $_ per day. Contractor Initials 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, Exhibit B, and Exhibit C, attached hereto and incorporated in full. The total amount to be expended under this Agreement shall not exceed Thirty -One Thousand Nine Hundred Fifty Dollars and Zero Cents ($31,950.00). b. Payment of deposit of half of invoiced amount for each specific event shall be processed prior to the specific event. C. Remaining balance of invoiced amount for each specific event shall be processed within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. d. Payment need not be made for work that fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. 3. TERM This Agreement shall commence on August 4, 2022 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. If the 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 Page 2 of 10 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 OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data that were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below for the duration of this Agreement: a. Minimum Scope and Limit of Insurance 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 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. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. Page 3 of 10 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 of the specified minimum limits of insurance and coverage shall be available to the City. b. Other Insurance Provisions Additional Insured Status: The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL 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 11 85 or if notavailable, through the addition of both CG 20 10, CG 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 CG 20 01 04 13 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. 5. 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 Page 4 of 10 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:VII, unless otherwise acceptable to the City. 7. Claims Made Policies: If any of the required policies provide claims -made coverage: i. The retroactive date must be shown, and must be before the date of the contract or beginning of contract work. ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work. iii. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase "extending reporting" coverage for a minimum of five (5) years after completion of work. 8. 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 coverage requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy 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 any time. 9. 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. 10. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of therisk, prior experience, insurer, coverage, or other special circumstances. Page 5 of 10 S. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor or its 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 terns 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 represents and warrants that it has obtained the requisite licenses to show the films contemplated by this Agreement. Contractor further agrees to defend, indemnify and hold harmless the City, its officers, agents, 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. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three Page 6 of 10 (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 Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 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: 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 Executive Director Parks, Recreation, and Community Services Agency City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, CA 92702 Page 7 of 10 To Contractor: Elite Special Events, hie. Attn: Ted Holcomb, Owner 11278 Los Alamitos Blvd. #101 Los Alamitos, CA 90720 tedhulk ,msn.com 310-560-9122 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. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 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 that are the subject to this Agreement performed by City personnel or by other contractors 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. Page 8 of 10 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, 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. 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. Page 9 of 10 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. In the event of any conflict or inconsistency between the terms and conditions in this Agreement and any terms or conditions set forth in any Exhibit, purchase order, invoice, or other document relating to the transactions contemplated by this Agreement, the terms and conditions set forth in this Agreement shall prevail. d. This Agreement is the final and complete agreement and any prior or contemporaneous agreement(s) for similar services between the parties is superseded by this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney BY: Brandon Salvatierra Deputy City Attorney Hawk CITY OF SANTA ANA Kristine Ridge City Manager ELITE SPECIAL EVENTS, INC. Ted H lcomb Owner Services Agency Page 10 of 10 EXHIBIT A Elite Special Events, Inc 3 11278 Los Alamitos Blvd #101 Los Alamitos, Ca 90720 (562)799-7737 7/30/2022 Estimate • Event: City of Santa Ana Concerts in the Park • Address: Varied • Contact: Sonia Batres — 714-975-4514 #179 • Event Dates: Thursdays — Aug.4, Aug.11, Aug,18, Aug.25 • Aug 4 —Windsor Park, Aug 11- Portola Park, Aug 18-Jerome Park, Aug 25-Thorton Park • Hours: 5:00-8:30 • Setup: 2pm Description Amount Total Rocky Mountain Climbing Wall with 4 attendants 1200 1200 22' Dual Lane Slide 750 750 Pirate Obstacle Course 700 700 Animal Kingdom kiddie maze 400 400 Frozen Combo 400 400 (4) workers to attend inflatables 125 500 (4) 7500 watt portable generators 100 400 Setup/delivery fee — Santa Ana 200 200 Minus $100 per week for city parking -100 -100 Total per concert $4,450 Total for all 4 concert dates $17,800 • Payment of half due at signing to reserve package/ Balance paid before setup at show • Power and attendants included in above package • Insurance certificate of 1 Million additionally naming your organization will be issued after deposit is received. Name: Cancellation Policy: All events we "rain or shine" unless otherwise stipulated. The PURCHASER is responsible to provide an alternate indoor location in the event of inclement weather. The client agrees to pay the full amount contracted once the PROVIDER has arrived at the event location, even if PROVIDER cannot perform due to inclement weather. PURCHASER will not have to pay balance if they cancel at least 1 day prior to event. Purchaser will receive full refund if they cancel at least one week prior to event. Hold Harmless: PURCHASER agrees to indemnify and hold homeless Elite Special Events, Inc, its shareholders, officers, directors, employees and representatives, customers and invitees against all actions, claims, demands, costs, damages, and expenses of any kind (including legal fees) which may be brought or made against Provider by reason of Providers activities. Purchaser acknowledges that using amusement devices or inflatable attractions comes with inherent risks. If you choose to rent above attraction you do so at your own risk. Checks Payable to: Elite Special Events We agree to the above terms and conditions: Rentor Print Name Date EXHIBIT B PAW MANNERS uLxlias _. 7/28/2022 Elite Special Events, Inc 11278 Los Alamitos Blvd #101 Los Alamitos, Ca 90720 (562)799-7737 Estimate Event — Hispanic Heritage Event Client — City of Santa Ana Contact — Bill Sandoval — 714-720-2615 Date — Aug 28 Hours — 12-8pm Setup — 8:30 am teardown — 8:30 pm • General Inventory List for City of Santa Ana Events #7822 Description Amount Total (10) Game booths with game 150 1500 2 large bouncers — Frozen Combo and Sports 500 500 Giant Dual Lane Slide — 24' 800 800 Big Baller wipeout inflatable 700 700 Giant 65' obstacle Course 700 700 animal kingdom toddler maze 400 400 Rocky Mountain climbing wall — 4 attendants 1100 1100 Power — 6 generators for carnival area 100 600 (10) workers to attend game booths (10 hr day) 180 1800 (10) workers for inflatables 180 1800 Setup/Delivery Fee 300 Total 1 $10,200 • Payment of half due at signing to reserve package/ Balance paid before setup at show • power and attendants included in above Price • Insurance certificate of 1 Million additionally naming your organization will be issued after deposit is received. Name: Cancellation Policy: All events are "rain or shine" unless otherwise stipulated. The PURCHASER is responsible to provide an alternate indoor location in the event of inclement weather. The client agrees to pay the full amount contracted once the PROVIDER has arrived at the event location, even if PROVIDER cannot perform due to inclement weather. PURCHASER will not have to pay balance if they cancel atleast I day prior to event. Purchaser will receive full refund if they cancel atleast one week prior to event. Hold Harmless: PURCHASER agrees to indemnify and hold harmless Elite Special Events, Inc, its shareholders, officers, directors, employees and representatives, customers and invitees against all actions, claims, demands, costs, damages, and expenses of any kind (including legal fees) which may be brought or made against Provider by reason of Providers activities. Purchaser acknowledges that using amusement devices or inflatable attractions comes with inherent risks. If you choose to rent above attraction you do so at your own risk Checks Payable to: Elite Special Events We agree to the above terms and conditions: Rentor Print Name Renter Signature Date EXHIBIT C $lMt/,�l G .L ;EJLIJ X PARTY PLANNERS t 1%r;NTS 7/28/2022 Elite Special Events, Inc 11278 Los Alamitos Blvd #101 Los Alamitos, Ca 90720 (562)799-7737 Estimate Event — Mid Autumn Festival Client — City of Santa Ana Contact — Sonia Batres Date — October 1 Hours — 4-9pm Setup — 1:30pm teardown — 9:30 pm 67ft1W Description Amount Total Giant Dual Lane Slide — 22' 750 750 4-1 Combo Bouncer 350 350 Rocky Mountain climbing wall — 4 attendants 950 950 Power — 3 generators for carnival area 100 300 (6) workers for inflatables 150 900 Setup/Delivery Fee 300 Total $3,550 • Payment of half due at signing to reserve package/ Balance paid before setup at show • power and attendants included in above Price • Insurance certificate of 1 Million additionally naming your organization will be issued after deposit is received. Name: Cancellation Policy: All events are "rain or shine" unless otherwise stipulated. The PURCHASER is responsible to provide an alternate indoor location in the event of inclement weather. The client agrees to pay the full amount contracted once the PROVIDER has arrived at the event location, even if PROVIDER cannot perform due to inclement weather. PURCHASER will not have to pay balance if they cancel atleast 1 day prior to event. Purchaser will receive full refund if they cancel atleast one week prior to event. Hold Harmless: PURCHASER agrees to indemnify and hold harmless Elite Special Events, Inc, its shareholders, officers, directors, employees and representatives, customers and invitees against all actions, claims, demands, costs, damages, and expenses of any kind (including legal fees) which may be brought or made against Provider by reason of Providers activities. Purchaser acknowledges that using amusement devices or inflatable attractions comes with inherent risks. If you choose to rent above attraction you do so at your own risk. Checks Payable to: Elite Special Events We agree to the above terms and conditions: Rentor Print Name Rentor Signature Date Digitally signed Angie by Angie ACORO® CERTIFICATE OF LIABILITY �� cevedo DATE IMMR OA YY) 07/07/2022 THIS CERTIFICATE IS ISSUED AS A OF INFORMATION ONLYAND CONFERS NO UPON Tlaate:2022.0844 IS EOR CERTIFICATE OES NOT AFFIRMATIVELY NEGATIVELY AMEND, XTEND OR ALTER HE CR OVERAGE` X\)=RD DBY 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 United Insurance Services, Inc 704 S Victory Blvd, Suite 204 Burbank, CA 91502 CONTACT NAME, Sam Muradyan FAX o E#: 8187618888 A/C No: 8882656889 AAA No, ADDRESS, Sam@libertyunitedinsumnee.com INSURERS AFFORDING COVERAGE NAIC P License #: OF89841 INSURERA: Certain underwriters at Lloyds INSURED INSURERS: Elite Special Events, Inc INSURERC: 11278 Los Alamitos Boulevard #101 INSURERD: Los Alamitos, CA 90720 INSURER E: INSURERF: COVERAGES CERTIFICATE NUMBER: 00001977-270182 REVISION NUMBER: 325 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE PMH INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT T CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL T EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I �TRR TYPE OF INSURANCE ADDL INSO SUER WVO POLICY NUMBER MMIDDIYYYY NIMIDD/YYY LIMIT A X COMMERCIAL GENERAL LIABILITY CLAIMS-MADE1:1 OCCUR Y Y ZISMB1499 01 05107/2022 05/07/2023 EACH OCCURRENCE 00X PREMSES Eaoccunence 00MED EXP Any one person) PERSONAL&ADV INJURY 00GEN'L X AGGREGATE LIMIT APPLI ES PER: POLICY ❑JEST LOC GENERALAGGREGATE 00 PRODUCTS - COMPIOPAGG $ 2000000 $ OTHER. AUTOMOBILE LIABILITY COMBINED SINGLEUMIT (E..crd.n0 $ BODILY INJURY (Per person) $ ANY AUTO OWNS OWNED SCHUTOS EDULED AUTOSONLY A J BODILY INJURY accklent) $ HIRED I I NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Per amident $ $ 1 1 UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS Me CLAIMS -MADE DELI RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LUIBILITY YIN STATUTE ER E.L. EACH ACCIDENT $ ANY PROPRIETOR/PARTNEWEXECUTIVE ❑ OFFICERNEMBER EXCLUDED? NIA E.L. DISEASE - EA EMPLOYE $ (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY UNIT $ A Accident/Medical ZISMB149901 05/07/2022 05/07/2023 $10,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached X more space is required) Certificate Holder Is An Additional Insured City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92701 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Pr Risk MnagementDwon REVIEWED 6 APPROVED BY: ' A,� Auv4to Risk Management Specialist Of ACORiO® CERTIFICATE OF LIABILITY INSURANCE DA EIMMIDDIYYYY) O7/07/2022 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 ORALTER 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 CONTACT Jim McAnany NAME: Nielsen McAnany Insurance Services, Inc. PHONE (805) 379-8805 (805) 204-4501 AIC Np Ell, A/C No 4165 E. Thousand Oaks Blvd E- ADDRESS: Suite 325 INSURERIS) AFFORDING COVERAGE NAIC0 INSURERA: California Auto Insurance 38342 Westlake Village CA 91362 INSURED INSURER B ELITE SPECIAL EVENTS, INC. INSURER C: 404 N Sparks St INSURER D INSURER E : Burbank CA 91506-1963 INSURERF: COVERAGES CERTIFICATE NUMBER: CL2222508466 REVISION NUMBER: THIS IS TO CERTIFY THATTHE 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 RESPECTTO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADUL INSD SUBR WVD POLICYNUMBER POLICYEFF MMIDONYYY) POLICY EXP (MMIDDAYYYI LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ "17— CI-AIMSMACE OCCUR PREMISESEa accu=mme $ MED EXP(Anyone person) $ PERSONAL aADV INJURY $ GEN'LAGGREGATE UMITAPPLIES PER: POLICY 0JECTT LOC GENERALAGGREGATE $ PRODUCTS -COMPIOPAGG $ $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per Person) $ ANYAUTO A OWNED SCHEDULED AUTOS ONLY AUTOS Y BA040000023533 08/31/2021 08/31/2022 BODILY INJURY (Peraaitlent) $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Per accident $ EMPIN $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR CLAIMS -MADE DED RETENTION $ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY YIN STATUTE ER EL EACH ACCIDENT $ ANY PROPRIErORTARTNERIEXECUMVE OFFICERNEMBER EXCLUDED'! El N/A E.L DISEASE -EA EMPLOYEE $ (Mandatory in NH) If yes, desedbe under DESCRIPTION OF OPERATIONS below EL DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) The City, its officers, officials, employees, and volunteers are to be covered as additional insureds per attached MCA85100817-CA. Concert Series in the park: 08/04/2022 - Wndsor Park 081112022 - Portola Park 011/1 B/2022 - Jerome Park 08/25/2022 - Thornton Park City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORRED REPRESENTATIVE CA 92701 I J. McAnany ©1988-2015 ACOF ACORD 26 (2016103) The ACORD name and logo are registered marks of ACORD IDrflarugmws. ovED r A+•/�r Arµufn �'. - Risk Management Specialist01 ' / MERCURY INSURANCE Business Auto Broadening Endorsement Newly Acquired or Formed Entity (Broad Form Named Insured) —Adds, as an insured, any newly acquired or formed entity provided the insured owns at least 50% of that entity and it is formed during the policy period. The maximum period is 180 days. Primary and Non -Contributory if Required by Contract —We will not seek contribution from any other insurance available under specific conditions. Employees as Insureds — An employee becomes an insured while using a covered auto that the insured does not own, hire or borrow. Automatic Additional Insured — Any person or organization that the insured is required to include as an additional insured based on a contract or agreement that is executed prior to the injury or damage. Employee Hired Auto — An employee is an insured when operating an auto that is hired or rented in the employee's name while on company business. Supplementary Payments — Bail bonds coverage is increased to $3,000. Reasonable expenses and loss of earnings, up to $500 per day, incurred by the insured are covered. Fellow Employee Coverage — The exclusion has been removed. Additional Transportation Expense — We will pay up to $50 per day, maximum is $1,000, for temporary transportation expense resulting from the total theft of a covered auto. Hired Auto Physical Damage Coverage — If you have Hired Auto Liability coverage, and you carry physical damage coverage for any of your autos, we will extend coverage for Hired Auto Physical Damage to a limit of $50,000, subject to a $500 deductible. Accidental Airbag Deployment — We removed the exclusion, providing coverage for airbag deployment that is accidental. Loan/Lease Gap — Coverage for the unpaid amount due on the lease or loan has been added if there is a total loss of an auto insured under this policy. Glass Repair — Deductible Waiver — We will waive the deductible if glass is repaired rather than replaced. Two or More Deductibles — If two or more policies or coverage forms from the company apply to the same accident, only one deductible will be applied. Amended Duties in the Event of Accident, Claim, Suit or Loss — The insured must notify us of an accident as soon as possible. Waiver of Subrogation — We waive our right of recovery against others if the insured has executed a written agreement prior to the accident or loss. Unintentional Error, Omission, or Failure to Disclose Hazards — The policy will not be deemed invalid if the insured unintentionally omits, errs or fails to disclose a hazard. Employee Hired Auto - If the employee hires or rents a vehicle with permission of the insured, Hired Auto Physical Damage applies. Hired Auto — Coverage Territory — Coverage applies anywhere in the world if an auto is leased, hired, rented or borrowed without a driver for a period of 30 days or less, and the insured's responsibility to pay for damages is determined in a suit brought in the US, its territories and possessions, Puerto Rico, Canada or in a settlement that we agree to. Bodily Injury Redefined to Include Resultant Mental Anguish — Bodily Injury includes mental anguish. Risk Mwagenadmisum l'e..; R�EwED&APPRCYADBV Aj�, Auv44 �' Risk Management SpeaNist 01 IMPORTANT - THIS IS NOT A BILL. SEND NO MONEY UNLESS STATEMENT IS ENCLOSED. HOME OFFICE SAN FRANCISCO POLICY DECLARATIONS CALIFORNIA WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY POLICY THESE DECLARATIONS ARE A PART OF THE WORKERS' COMPENSATION POLICY INDICATED HEREON. THIS INSURANCE IS EFFECTIVE FROM 12:01 A.M., PACIFIC STANDARD TIME 8-26-21 TO 8-26-22 AND SHALL AUTOMATICALLY RENEW EACH 8-26 UNTIL CANCELLED CONTINUOUS POLICY9304403-21 ELITE SPECIAL EVENTS, INC DEPOSIT PREMIUM 11278 LOS ALAMITOS BLVD LOS ALAMITOS, CALIF 90720 MINIMUM PREMIUM PREMIUM ADJUSTMENT PERIOD NAME OF EMPLOYER- ELITE SPECIAL EVENTS, INC (A CORP) TRADE NAMES- ELITE SPECIAL EVENTS, INC LOCATIONS• 11278 LOS ALAMITOS B CYPRESS CA 90720 3958 $0.00 $1,400.00 QUARTERLY N SP 1. WORKERS' COMPENSATION INSURANCE - PART ONE OF THIS POLICY APPLIES TO THE WORKERS' COMPENSATION LAWS OF THE STATE OF CALIFORNIA. 2. EMPLOYER'S LIABILITY INSURANCE - PART TWO OF THIS POLICY APPLIES TO LIABILITY UNDER THE LAWS OF THE STATE OF CALIFORNIA. THE LIMIT OF OUR LIABILITY INCLUDING DEFENSE COSTS UNDER PART TWO IS, $1,000,000 CODE NO. PRINCIPAL WORK AND RATES EFFECTIVE FROM 08-26-21 TO 08-26-22 INTERIM PREMIUM BASE BILLING BASIS RATE RATE* 9095-1 EVENT MARKET, FESTIVAL OR TRADE SHOW 30000 9.24 9.99 OPERATION --ALL EMPLOYEES--N.D.C. ********BUREAU NOTE INFORMATION******** TED HOLCOMB P 50 $ TOM MOORE CEO,S 50 % TOM MOORE T 0 $ FEIN 260747948 TOTAL ESTIMATED ANNUAL PREMIUM $2,997 9' 1' REVIEwmSA7Pkov®Br i `ry COUNTERSIGNED AND ISSUED AT SAN FRANCISCO AUGUST 30, 2021 PO: �— R¢k Mana emen[S en.Yn[ -' SCIF FORM 10981A IREV.7-20161 !OVER PLEASE) 9 P 'i POLICY NUMBER: ZISMB1499 01 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 PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92701 Information required 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 Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or .,your work" done under a contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 �� s a ra RlskMmagemodDMelmt REVIEWED&APPROV®Br. A-IU Aura RIMP, Risk Management SpedAist Policy Number: ZISMB1499 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92701 Any person or organization for whom the named insured has agreed by written "insured contract" to designate as an additional insured subject to all provisions and limitations of this policy. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the schedule, but only with respect to liability caused, in whole or in part, by your performance of ongoing operations for that insured. 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 written "insured contract', the insurance afforded to such additional insured will not be broader than that which you are required by the written "insured contract' to provide for such additional insured. 3. Coverage provided on and Primary and Non -Contributory Basis e+ Risk Mom matDiAslan . REVAEWED&APPRBV®Br ®' Risk Management SpeaAm