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HomeMy WebLinkAboutELITE SPECIAL EVENTS, INC. (3)INSURANCE NOT ON FILE `:dORK MAY NOT PROCEED N-2023-010 CLERK OF COUNCIL DATE: z AGREEMENT WITH ELITE SPECIAL EVENTS, INC., TO PROVIDE EQIPMENT b C� AND STAFFING SERVICES FOR OUTDOOR PARK EVENTS (,W,1Uwm 5 arA,A0A0- THIS AGREEMENT is made and entered into this 12th day of January 2023, by and between Elite Special Events, 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 provide equipment and services for various City events, including the City's Kids Night Out Event scheduled for January 20, 2023, and other events as directed by the City. B. Contractor represents that it 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, attached hereto and incorporated in full. b. City shall provide Contractor, in writing, updates and instructions as to location, and any changes regarding tasks and services for Kids Night Out, C. 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. d. The equipment shall be disassembled and removed by Contractor at the conclusion of each event. e. City shall have the sole discretion as to engagement of Contractor for services/events not detailed in Exhibit A. The City reserves the right to administratively change event locations, dates, or services for any mutually agreed upon services/events. f. Where necessary, the City may allow Contractor to park its vehicle(s) in City owned, gated parking lots during the term of this Agreement. Contractor Page 1 of 10 understands that City shall notify Cont in property not intended, nor desi acknowledges that City does not guarai In addition, should such storage/parkin lots, may not be guarded. Therefore, C for and risk of any and all property dai negligence of City, criminal acts of a vehicle is parked during the dates prov upon, in writing, for any parking costs ctor, in v ied for ae the se be requi to riting, if parking is to be provided use as a storage facility and urity of the property being stored. ad, Contractor acknowledges that ;Tees to assume full responsibility where such damage is due to the or otherwise while Contractor's City and Contractor shall agree City, where needed. Contractor Initials 2. COMPENSATION a. City agrees to pay, and Contractor agrebs to accept as total payment for its services for City, the rates and charges identified in Exhibit A, attached hereto and incorporated in full. The total amount to be expended under this Agreement shall not exceed Eighteen Thousand, Fifty Dollars and Zero Cents ($18,050). b. City shall pay Contractor the full amount of $5,415 on the day of the event for Kids Night Out, subject to City accounting prrocedures. 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 January 12, 2023 and terminate on June 30, 2023, 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" find "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, Page 2 of 10 S. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of independent contractor and not an employee of the Cit it be construed to create an employer -employee relai allow the City to exercise discretion or control over tl performs the services which are the subject matter of t provided by Contractor shall be provided in a manner regulations governing such services. Contractor shall 1 security taxes, unemployment insurance and similar responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS this Agreement, be construed to be an i. This Agreement is not intended nor shall ionship, a joint venture relationship, or to e professional manner in which Contractor its Agre ent; however, the services to be ,onsisten with all applicable standards and ay all sal nies and wages, employer's social taxes relating to employees and shall be This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyright , 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, 7. 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): Ins �rrance Services Office Form CO 00 01 covering COL on an "oy�currence' basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregatelimit 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. Page 3 of 10 a 3. Workers' Compensation: as requi ed by th State of Califomia, with Statutory Limits, and Employer's Liabiliq htsura cc with limit of no less than $1,000,000 per accident for bodily injury or isease. 4. Broader Coverage: if the Contracfrmaintains broader coverage and/or higher limits than the minimums shown move, the City requires and shall be entitled to the broader coverage and/or the )ligher limits maintained by the Contractor. Any available insurance proceeds ' i excess of the specified minimum limits of insurance and coverage shall be available to the City. Other Insurance Provisions 1. 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 op4mtions performed by or on behalf of the Contractor including majerials, 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 netavailable, through the addition of both CG 20 10, CG 20 26, CG 29 33, or GG 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 Con " ctor may acquire against the City by virtue of the payment of any loss under rich insurance. Contractor agrees to obtain any endorsement that may be r ecessary 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 de kense 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. Page 4 of 10 6. Acceptability of Insurers: Insw to conduct business in the state than A:VII, unless otherwise aco 7. Claims Made Policies: If any coverage: i. The retroactive date must contract or beginning of c ii. Insurance must be mail provided for at least rive ce is to ith a cui able to t the requ shown, tract wo ned anc years a placed with insurers authorized Lit A.M. Best's rating of no less City. policies provide claims -made must be before the date of the evidence of insurance must be er 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 rive (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 allpoticy 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. 9. Subcontractors: Contractor shall require and verify that all subcontractors maintain insurance meeting all the, requirerrjents 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. 8. 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 Page 5 of 10 acting on their behalf which relates to the services dei cribed hi! section 1 of this Agreement; and (2) from any claim that personal injury, damages, just com ensation, restitution, judicial or equitable relief is due by reason of the terms of or effects wising from this Agreement. This indemnity and hold harmless agreement applies to � 11 claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alle ed to ha a 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 indemn fy, hold I tarmless, and pay all costs for the defense of the City, including fees and costs for sl iecial co nsel to be selected by the City, regarding any action by a third party challenging the alidity o this Agreement, or asserting that personal injury, damages, just compensation, restitutio , judicia or equitable relief due to personal or property rights arises by reason of the terms of, oteffects a rising from this Agreement. City may make all reasonable decisions with respect to is 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, o the extant 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 Ether 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 under this Agreement. Contractor shall maintain c( the costs incurred under this Agreement and any charged to the City for a minimum period of three (_ law, from the date of final payment to Contractor i invoices shall be clearly identifiable. Contractor examine, audit, and make transcripts or copies of su pursuant to this Agreement during regular business h work, data, documents, proceedings, and activities r( (3) years from the date of final payment to Contract( 11. CONFIDENTIALITY onnection with the work to be performed iplete and accurate records with respect to *rvices, expenditures, and disbursements years, or for any longer period required by Acr this Agreement. All such records and call allow a representative of the City to i records and any other documents created xrs. Contractor shall allow inspection of all tted to this Agreement for a period of three under this Agreement. 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 farther 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 Page 6 of 10 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 fast 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 To Contractor: Elite Special Events, Inc. Attn: Ted Holcomb, Owner 11278 Los Alamitos Blvd. #101 Los Alamitos, CA 90720 tedhulk(i-ymsn.com 3.10-560-9122 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, Page 7 of 10 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, commun cation 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 fort 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 cbnditions 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 part 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 ire not embodied herein. 1.5. 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 conditio , or any right or remedy contained in or granted by the provisions of this Agreement shall be efective 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 broach, 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, Page 8 of 10 such work product shall be the prop( Contractor consents to the City's use appropriate. b. Payment need not be made for work specified in the Recitals of this Agre 18. NON-DISCRIMINATION Contractor shall not discriminate because of i status, sexual orientation, gender identity, gender ex] information, or military and veteran status, age, nati( and prohibited by applicable law, in the recruitment, promotion, termination or other employment related this Agreement. Contractor affirms that it is an equa with all applicable federal, state and local laws and r 19. JURISDICTION -VENUE of the City unless prohibited by law, and reof for such purposes as the City deems fails to meet the standard of performance color, creed, religion, sex, marital ;ion, gender, medical conditions, genetic origin, ancestry, or disability, as defined ction, teaching, training, utilization, vities or any services provided under portututy employer and shall comply 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. 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. Page 9 of 10 N-2023-010 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 relatirlg 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: orma Orozco (t Acting Clerk of the APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: randon Salvatierra Deputy City Attorney Hawk CITY OF SANTA ANA Stine Ridge City Manager ELITE SPECIAL EVENTS, INC. Ted Holcomb Owner Parks, Recrehtion,.and Eo�unity Services Agency Page 10 of 10 EXHI.BIT A Exhibit SCOPE OF VENDOR INFORMATION: Elite Special Events EVENT: Kids Night Out SERVICE DATE(S): January 20, 2023 COMPENSATION DUE TO THE VENDOR: Not to DESCRIPTION: $18,050 for the 2022-2023 Fiscal Year. Elite Special Events will provide fifteen (15) tons of snow one (1) life size snowman, one (1) snowflake machine, one (1) staff attendant to maintain the snow machine, and forty (40) bales of straw for the Kids Night Out event taking place on January 20, 2023. The Set-up/teardown—the vendor will set-up at 2:00pm and tear down after 8:00pm on the day of the event. I Open Hours —Event will be held from 5:00pm-8:30pm The Vendor will be paid the full amount of compensation, $5,475, on the day of the event. Digitally signed Angie by Angie ACORkIr CERTIFICATE OF LIABILITY �� cevedo ate- 22022�.08 DATEIMMIDDIYYYY) 64 07/07/2022 INFORMATION ONLY AND CONFERS NO RIGHT�'JPON CERTIFICATE IS ISSUED ASA MAELYEOR CERTIFICATE DOES NOT AFFIRMATIVTHIS NEGATIVELY AMEND, EXTEND OR ALTER T E COVE AGOF �PORNED BY THE POL CIESIS BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must 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 Liberty United Insurance Services, Inc 704 S Victory Blvd, Suite 204 Burbank, CA 91502 CONTACT NAME: Sam Muradyan ac°N o E#: 8187618888 ac No: 8882656889 aooaEss: Sam@libertyunitedinsumnce.com INSURERS AFFORDING COVERAGE NAIC # License #: OF89841 INSURERA: CISin underwriters at Lloyds rta INSURED INSURER B Elite Special Events, Inc 11278 Los Alamitos Boulevard #101 Los Alamitos, CA 90720 INSURER C: INSURER D: NSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER- nnnnia77."mA9 RMI!5!0M M IA#nco. 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 MAYBE 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. INTRR TYPE OFINSURANCE NSD MO POLICY NUMBER MM/OO MMIDDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY X CLAIMS -MADE OCCUR Y Y ZISMB149901 05107/2022 05/0712023 EACH OCCURRENCE $ 1000000 DAMAGE TT PREMISES EaEoNTE enca $ 300,000 MED EXP (Any one person) $ PERSONAL &ADV INJURY $ 1000000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY ❑ PET LOD NOTHER: GENERAL AGGREGATE $ _ 2,000,000 PRODUCTS _-COMPIOP AGO $ 2.000.000 $ AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY COMBINED SINGLE LIMIT a a den[ $ BODILY INJURY (Per person) $ BODILY INJURY Per accitlenY ( ) $ PROPERTY DAMAGE Per a¢itlenl $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE_ $ AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION ANDEMPLOYERS'LIABIGTY YIN ANY PROPRIETOR/PARTNERIEXECUTIVE OFFICER,PAEMBER EXCLUDED9 ❑ (Mandatory In NH) If yyea, tlescdbe under DESCRIPTIONOFOPERATIONS bel. NIA PER OTH- ISTATUIL E.L. EACH ACCIDENT $ E.L. DISEASE -EA EMPLOYEE - $ - - E.L DISEASE -POLICY LIMIT $ A Accident/Medical ZISMB1499 01 05107/2022 05/07/2023 $10,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached H more space is required) Certificate Holder Is An Additional Insured City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. M ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Pr .� Rl$IeM%nrgmadDlNslon �.� REVIEWED 6. APPROVEO BY: Risk Management speclAlist AC R e CERTIFICATE OF LIABILITY INSURANCE DA 7/07/2022 mr9nzozz THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLYAND 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 endomement(s). PRODUCER NAME: coM."' Jim MrAnany Nielsen McAnany Insurance Services, Inc. PHONE (805) 379-6805 q1C, No: (805) 204-4501 A C No E# 4165 E. Thousand Oaks Blvd ADDRESS: Suite 325 INSURER $ AFFORDING COVERAGE NAIC d Westlake Village CA 91362 INSURERA: California Auto Insurance 38342 INSURED INSURER B : ELITE SPECIAL EVENTS, INC. INSURER C : 404 N Sparks St INSURER D: NSURERE: Burbank CA 91506-0969 INSURER F: rl �n7�5naaRR ee\nclnu Yr11JQCQ• bUvCRMVCJ 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. L� TYPE OF INSURANCE UWL Ivan POLICYNUMBER CY EFF MMIDO OLICY ExP MMIDD LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE s CLAIMSMAOE OCCUR PREMIS� $ MED EXP (Any oneperson)S PERSONAL$AOV INJURY S GEN'LAGGREGATE LIMITAPPUES PER: GENERALAGGREGATE $ PRODUCTS-COMPIOPAGG S POLICY El ECT El me 8 OTHER: COMBINED SINGLE LIMIT Ea aa,dTt S 1,000,000 AUTOMOBILE LIABILITY BODILY INJURY (Per person) $ ANYAUTO BODILY INJURY(Peracciden0 S A OWNED AUTOSU�D Y BA040000023533 08/31/2021 08/31/2022 AUTOS ONLY HIRED NON -OWNED PROPERTY DAMAGE n[ S AUTOSONLV AUTOS ONLY A EMPIN EMPIN $ UMBRELLAUAB OCCUR EACH OCCURRENCE s AGGREGATE $ EXCESS LIAR CLAIMS -MADE DEp I I RETENTION $ PER $ WORKERS COMPENSATION UTE ERH AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNERIEXECUTIVE �'�( EL EACH ACCIDENT $ E.L DSEASE-EA EMPLOYEE $ OFFICERIMEMBER EXCLUDED? Lf (Mandatory in NH) NIA E.L DISEASE -POLIGV LIMIT $ If yes, desc lbe antler DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I 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 MCA85100617-CA. Concert Series in the park: 08/04/2022 - Windsor Park 08/11/2022 - Portola Park 08/18/2022 -Jerome Park 08/25/2022 - Thornton Park SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Santa Ana 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE P.O. Box 1988 Santa Ana CA 92701 J. MCAnany a� _ _«E,` RlekMwgelndlXdat°n RweAw& APPROVED Sr. m 1988-2016 ACOF $I, , 'i A+, :c Aiwgta ACORD 26 (2016103) The ACORD name and logo are registered marks of ACORD �� Risk Management speomist A 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. 4.' � Renewm&Mrpov®Br. `' ' Risk Wartpgement Specialist r No MnNFv IINI F95 tiTATEMENT 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 INDICATE[) HEREON. THIS INSURANCE IS EFFECTIVE lriWX 12:01 A.M., PACIFIC STANDARD TIME CONTINUOUS POLICY9304403-21 8-26-21 TO 8-26-22 AND SHALL AUTOMATICALLY RENEW EACH 8-26 UNTIL CANCELLED ELITE SPECIAL EVENTS, INC DEPOSIT PREMIUM $0.00 11278 LOS ALAMITOS BLVD LOS ALAMITOS, CALIF 90720 MINIMUM PREMIUM $1,400.00 PREMIUM ADJUSTMENT PERIOD QUARTERLY N SP NAME OF EMPLOYER— ELITE SPECIAL EVENTS, INC (A CORP) TRADE NAMES— ELITE SPECIAL EVENTS, INC LOCATIONS— 11278 LOS ALAMITOS B CYPRESS CA 90720 3958 1. WOREERS' 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.O.C. ********BUREAU NOTE INFORMATION******** TED HOLCOMB P 50 B TOM MOORE CEO,S 50 8 TOM MOORE T 0 8 FEIN 260747948 TOTAL ESTIMATED ANNUAL PREMIUM $2,997 COUNTERSIGNED AND ISSUED AT SAN FRANCISCO AUGUST 30, 2021 PO. SCIF FORM 10961A IREV.7-20141 (OVER PLEASE) 09 x weleir4nllg""mtotwi°n z Risk Management SPeci&lst POLICY NUMBER: ZISM81499 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 RtekALmrgenadQMtiun Rwe&m 6 APPPov®8y: A+luAuv44 MOW Risk Management speeiilist 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 ..�� tebkM"'aga'a'tTxwtor` 'i REVIEWED&APPROVED BY �I A+� Acwula Risk Management spe-Aw d? NOTICE OF COMPLIANCE CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL Contractor Elite Special Events, Inc. Name: Project N-2023-010 Number: Project Agreement With Elite Special Events, Inc., To Provide Name: Equipment And Staffing Services For Outdoor Park Events The Certificate of Insurance (COI) submitted indicates that the coverages are in compliance with the insurance requirements. No further action is required at this time. The compliant coverage(s) are: POLICY EXPIRATION TYPE OF INSURANCE COI DATE FILE NAME NUMBER DATE Auto and PL - AUTOMOBILE LIABILITY WAIVER 12/21/2023 01/18/2023 Elite Special Events.pdf Elite Special GENERAL LIABILITY ZISMB149901 05/07/2023 07/07/2022 Events COI.pdf Certificate WORKERS COMPENSATION AND 93044032022 08/26/2023 01/18/2023 9304403- EMPLOYERS' LIABILITY 2022 (1).pdf Thank you, City of Santa Ana Risk Management Division in partnership with CTrax Plus Services Team 1/18/2023 6:28 PM