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HomeMy WebLinkAboutMONROY, ANGELICA (MCCHARMLYS, THE)INSURANCE NOT ON FILE AGREEMENT FOR PERFORMER WITH A MANAGER OR AGENT N-2024-255 WORK MAY NOT PROCEED CITY CLERK DATE- p 6 2024 o . 42CsA (4fG AGREEMENT WITH ANGELICA MONROY TO PROVIDE 6VA,n; J� a teon)m_q- A LIVE PERFORMANCE AT CITY OF SANTA ANA'S 2024 CHICANO HERITAGE FESTIVAL THIS AGREEMENT is made and entered into this 1st day of August, 2024, by and between Angelica Monroy ("Contractor"), an individual, Fs/o The McCharmlys ("Artist"), 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 artists to provide live performances at the City's Chicano Heritage 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. 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 provide a performance by Artist for the City's Chicano Heritage Festival on Sunday, August 11, 2024 between 2:00 p.m. — 7:00 p.m. at Centennial Park. b. Artist shall provide a thirty (30) minute live performance to be coordinated with event staff. Contractor's Initials: C. Contractor must provide song list of family friendly, clean edit songs with lyrics to be approved by the City of Santa Ana prior to performance. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services for City, including all travel expenses and performance by Artist, the rates and charges identified in Exhibit A. The total amount to be expended under this Agreement shall not exceed $3,105. Page 1 of 9 AGREEMENT FOR PERFORMER WITH A MANAGER OR AGENT b. Contractor agrees that the City is not responsible for payment directly to Artist nor anyone else purporting to represent them. C. Union fees, manager and/or agent commissions, and insurance obligations are part of the cost of production and City shall not be liable or responsible for any such payments under this Agreement. 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 3, 2024 and terminate on August 31, 2024, unless terminated earlier in accordance with Section 17, below. 4. ROYALTY -FREE LICENSE The City shall have the right and royalty -free license to simulcast or produce and show a tape -delayed broadcast of the Artist's performance to the City community or general public, through the internet or any other means. This license shall be non-exclusive and the copyright shall remain with the Artist. Copies of Artist's performance may be maintained by the City, and Artist consents to use of such recordings. 5. INDEPENDENT CONTRACTOR Contractor and Artist shall, during the entire term of this Agreement, be construed to be independent contractors and not employees 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 and/or Artist perform the services which are the subject matter of this Agreement; however, the services to be provided by Contractor and Artist 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. INSURANCE Contractor on behalf of Artist shall procure and maintain for the duration of the contract insurance against claims for injuries 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 Page 2 of 9 AGREEMENT FOR PERFORMER WITH A MANAGER OR AGENT (1) Commercial General Liability (CGL). Insurance Services Office ("ISO") 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 $1,000,000 per occurrence and $2,000,000 aggregate. (2) Automobile Liability (AL). ISO Form CA 00 01 covering Code 1 (any auto), with limits 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. Coverage is not required if Contractor has no employees and signs request to waive. (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 The above required insurance policies are to contain or be endorsed to contain the following provisions: (1) Additional Insured Status. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL and AL policies, above, with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment famished in connectionwith such work or operations. (2) Waiver of Subrogation. Contractor's insurance company(ies) agree(s) to waive all rights of subrogation against the City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Contractor under this Agreement. (3) Primary Coverage. For any claims related to this Agreement, Contractor's insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. (4) Severability. A severability of interest provision must apply for all the additional insured, ensuring that Contractor's insurance shall apply separately Page 3 of 9 AGREEMENT FOR PERFORMER WITH A MANAGER OR AGENT to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. (5) Cancellation. Insurance policy(ies) herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non -renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non -renewal due to non-payment. (6) Certificate Holder. The Certificate Holder on each evidence of insurance certificate shall be: City of Santa Ana, 20 Civic Center Plaza, Santa Ana, CA 92701. c. Self -Insured Retentions. Self -insured retentions must be declared to and approved by the City. City may require 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. d. 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. C. 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,inctuding endorsements required by these specifications, at any time. f Claims -Made Policies. If any of the required policies provide coverage on a claims -made basis: (1) The retroactive date must be shown and must be before the date of the Agreement or the beginning of work. (2) Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of work. (3) 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, Contractor must purchased "extended reporting" coverage for a minimum of three (3) years after completion of work. Page 4 of 9 AGREEMENT FOR PERFORMER WITH A MANAGER OR AGENT g. Subcontractors. Contractor shall require and verify that all sub -contractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from sub -contractors. h. 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. 7. RELEASE Contractor, on behalf of Artist, accepts any City -provided equipment used in connection with the performance in their "as -is" condition, with all faults. Artist, on behalf of Artist, fully releases, waives and discharges forever any and all claims, demands, rights, and causes of action of any kind or nature against, and covenants not to sue, City, its elected officials, officers, employees, agents and volunteers, and all persons acting on behalf of, by, through or under each of them, under any present or future laws, statutes, or regulations for any claim or event relating to the condition of the City -provided equipment or Artist's use thereof. 8. INDEMNIFICATION Contractor and Artist agree 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, Artist, or subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. 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 and Artist further agree 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 and Artist'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 Artist. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor and Artist shall defend, indemnify and hold harmless the City, its officers, Page 5 of 9 AGREEMENT FOR PERFORMER WITH A MANAGER OR AGENT 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 and/or Artist 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 Artist 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 or Artist receive from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor and Artist agree that they 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 and/or Artist disclosed in a publicly available source; (c) is in rightful possession of the Contractor and/or Artist without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor and/or Artist without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Contractor and Artist covenant that they presently have 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 Page 6 of 9 AGREEMENT FOR PERFORMER WITH A MANAGER OR AGENT the manner provided in this Section, to the following persons: To City: City Clerk 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: Angelica Monroy F/S/O The McCharmlys 1315 N. Broadway Apt. 2 Santa Ana, CA 92706 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 on behalf of Artist 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. Page 7 of 9 AGREEMENT FOR PERFORMER WITH A MANAGER OR AGENT 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 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 five (5) 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, except that 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 Page 8 of 9 AGREEMENT FOR PERFORMER WITH A MANAGER OR AGENT 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. Contractor represents and warrants that it is in compliance and will maintain compliance with all applicable laws including, but not limited to, the California Talent Agency Act. C. 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: Brandon Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL f�fsr' Hawk Scott. Executive Director, Parks, Recreation and Community Services Agency CITYZOANTA WANA Alvaro Nunez Acting City Manager CONTRACTOR Name: Angelica Monroy Title: Page 9 of EXHIBIT A Exhibit A SCOPE OF SERVICES VENDOR INFORMATION: Angelica Monroy dba The McCharmlys EVENT: Chicano Heritage Festival SERVICE DATE(S): August 11, 2024 COMPENSATION DUE TO THE VENDOR: Not to exceed $3,105 for the event. The Vendor will be paid $3,000 for their performance and reimbursed $105 for their insurance coverage cost. DESCRIPTION: The McCharmlys will provide: • Music entertainment at the City's Chicano Heritage event for a total of 30 minutes • Performance schedule to be determined at a later time Open Hours —Event will be held from 2:00pm — 7:00 pm The Vendor will be paid the amount of compensation, a total of $3,105, upon completion of contract, due day of event prior to artist performance. From: Naiera.Luisa To: Leon,Moniaue;Garcia.Stephanie; Hoana.Julie Subject: RE: Certificate&Receipt 19304787 from HUB International Insurance-Events Date: Thursday,August 8,2024 3:13:33 PM Attachments: imaoe006.12no imaae007.0na imaae008.12no Hello Monique, Yes, approved. Thank you, Lai&cty NC1Je-Cv1 Senior Risk Management Analyst City of Santa Ana I Human Resources Department 20 Civic Center Plaza I Santa Ana, CA 92701 Office: 714-647-6959 Email: Inajera aasanta-ana.org From: Leon, Monique <mleon@santa-ana.org> Sent:Thursday, August 8, 2024 3:09 PM To: Garcia, Stephanie <SGarcia5@santa-ana.org>; Hoang, Julie <jhoang@santa-ana.org>; Najera, Luisa <Inajera@santa-ana.org> Subject: FW: Certificate & Receipt 19304787 from HUB International Insurance- Events Luisa, I have attached the insurance documentation for Chicano Heritage Festival. Before Aarti left she said we could add bands to our additionally insureds. Could we please verify that the attached cert is ol< to use for the McCharmlys and Vicky Tafoya? We need to send this approval to purchasing for payment. Thank you. Monique Leon - MBA, CPRP Recreation & Community Services Supervisor City of Santa Ana I Parks, Recreation & CommunityService Agency Sri Ana T: (714)975-4514 ,P4-,6 a ,e ZeISM&A4 E: Mleon(a-)santa-ana.ora A:20 Civic Center Plaza 12nd Floor I Santa Ana, CA 92701 From: Cummings, Joy<iov.cummings(cDhubinternational.com> Sent: August 8, 2024 3:07 PM To: Leon, Monique<mleon(@santa-ana.org> Subject: Certificate & Receipt 19304787 from HUB International Insurance - Events Attention: This email originated from outside of City of Santa Ana.Use caution when opening attachments or links. Thank you, Monique! ivy O Joy Cummings Special Events Insurance Manager License #OG64980 **OUT OF OFFICE FRI 8/16 & MON 8/26** 0 HUB HUB International Insurance Services Inc. 3000 Executive Parkway, #300 San Ramon, CA 94583 License #0757776 PH: 925 609 6547; FX: 925 609 6550 Email: iovov.cummings(@hubinternational.com To Obtain A Quote for your Special Event: www.eventinsure.com The information contained in this e-mail is strictly confidential and for the intended use of the addressee only;it may also be legally privileged and/or price sensitive.Notice is hereby given that any disclosure,use or copying of the information by anyone other than the intended recipient is prohibited and may be illegal.If you have received this message in error,please notify the sender immediately by return e-mail.Every reasonable precaution has been taken to ensure that any attachment to this e-mail has been swept for viruses. We accept no liability for any damage sustained as a result of software viruses and advise you to carry out your own virus check(s)before opening any attachment. From: ePayPolicy<support(@epay3.com> Sent:Thursday, August 8, 2024 3:02 PM To: Reynolds, Karen <I<aren.reynoldsPhubinternational.com>;Johnson, Mark <mark.iohnson(@hubinternational.com>; Cummings,Joy<iov.cummings(@hubinternational.com>; Robinson, Devon <Devon.Robinson Phu binternational.com>; Haslem,John <iohn.haslem(@hubinternational.com>; Guevara, Karolina <karolina.guevara(@hubinternational.com> Subject: [EXTERNAL] Receipt 19304787 from HUB International Insurance - Events If you cannot read this email, please click here. Monique Leon, City of Receipt # 19304787 Santa Ana Payment on 8/8/2024 mleon(a)santa-ana.org. How do I reverse this payment? How do I subscribe others to notifications? Event Date 8/11/2024 Event Holder(s) 081124 City of Santa Ana Client ID CAONESH-01 Subtotal $2,953.40 Fee 103.37 Total $3,056.77 PAYMENT TYPE MASTERCARD XXXXXXXXXXXX0219 NOTES Special Event Insurance Policy; Please do not edit prefilled invoice information. Add any notes, after this sentence. HUB processing fees are fully earned/non-refundable at the time of purchase. HUB International Insurance - Events 3390 University Ave #300 Riverside, CA 92501 United States 925-609-6547 snecialevent(a hubinternational.com Copyright 2024 All Rights Reserved I ePayPolicy CERTIFICATE OF INSURANCE ENDORSEMENT SPECIAL EVENT LIABILITY GROUP INSURANCE TRUST,A RISK PURCHASING GROUP Certificate# FACILITY OWNER-Additional Insured: (if multiple,continued PRODUCER: CA License#0757776 on next page) HUB International Insurance Services Inc. City of Santa Ana,its officers,officials,employees and volunteers,20 Civic 3000 Executive Parkway,Suite 300 Center Plaza,Santa Ana,CA 92701 San Ramon,CA 94583 PH:925 609 6500 FX:925 609 6550 specialevent(o�hubinternational.com EVENT HOLDER-Named Insured: (if multiple,continued on EVENT INFORMATION next page) City of Santa Ana TYPE OF EVENT: Festival/3vs3 Basketball 20 Civic Center EVENT DATE(S): 8/11/2024 Santa Ana, CA 92701 EVENT LOCATION(S): Centennial park,3000 W.Edinger Ave.,and Diamond Elementary,1450 S. Center St.,Santa Ana,CA This is to certify that the policies of insurance listed below have been issued to the insured named above for the event date(s)indicated above. 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. INSURER A: COLONY INSURANCE COMPANY INSR LTR Type of Insurance Policy Number Effective Expiration Policy Limits Each Occurrence $1,000,000 General Aggregate $2,000,000 Personal&Advertising Injury $1,000,000 Products/Completed Operations $2,000,000 Commercial Aggregate A 103 GL 0021111 1/1/2024 1/1/2025 General Liability Damage to Premises Rented to You $1,000,000 Medical Payments $5 000 Liquor Liability Each Occurrence (Aggregate included in General n/a Liability Aggregate) COVERAGE TERMS: Occurrence Form(CG 0001) The coverage afforded by this insurance is primary and non-contributing with any Host Liquor Liability Included. insurance held by the "Additional Insured" as Named Insured,when the "Additional Insured" is shown on this Certificate of Insurance Endorsement as "Additional Insured" Full Liquor Liability Included when a or WHEN REQUIRED BY WRITTEN CONTRACT. separate premium has been charged. COVERAGE EXCLUSIONS:(REFER TO POLICY FOR COMPLETE LISTING OF EXCLUSIONS) --Communicable Diseases Specific Events are excluded from coverage. Please see second page for list of excluded events. --Sexual Abuse&Molestation --Terrorism On behalf of the Risk Purchasing Group and each Member,the Trustee has declined coverage for the Terrorism Risk Insurance Act(TRIA). Additional Insureds,next page— SPECIAL EVENT LIABILITY GROUP INSURANCE TRUST DATE CERTIFICATE OF INSURANCE ENDORSEMENT 8/8/2024 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. THIS CERTIFICATE OF INSURANCE ENDORSEMENT DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. PRODUCER: CONTACT NAME: JOY CUMMINGS HUB International Insurance Services Inc. PHONE 925 609 6500 FAX 925 609 6550 3000 Executive Parkway,Suite 300 EMAIL specialevent(a)hubinternational.com San Ramon,CA 94583 INSURER(S)AFFORDING COVERAGE NAIC# CA License#0757776 INSURER A: Colony Insurance Company 39993 NAMED INSURED: City of Santa Ana 20 Civic Center Santa Ana, CA 92701 COVERAGES This is to certify that the policies of insurance listed below have been issued to the insured named above for the event date(s)indicated below. 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. INSURED MEMBER INSR COVERAGE EFFECTIVE TYPE OF INSURANCE ENDORSEMENT / LIMITS LTR NUMBER EXPIRATION DATE A GENERAL LIABILITY EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY 41511 08/11/2024 DAMAGE TO RENTED PREMISES $1'ooa'000 (Ea occurrence) CLAIMS-MADE ❑X OCCURRENCE MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 PRODUCTS-COMP/OPAGG $2,000,000 LIQUOR LIABILITY PER OCCURRENCE(AGGREGATE INCLUDED IN GENERAL LIABILITY n/a AGGREGATE) MASTER POLICY#103 GL 0021111 -EFFECTIVE DATE 1/1/2024; EXPIRATION 1/1/2025 DESCRIPTION OF OPERATIONS/LOCATIONS City of Santa Ana,its officers,officials,employees and volunteers,20 Civic Center Plaza,Santa Ana,CA 92701 is/are included as an additional insured(s)per attached endorsement T5409-0118.Policy is Primary and Non-contributing per attached endorsement T1095-0108;Waiver of Subrogation applies per attached endorsement CG 24 04 05 09. Event Type: Festival/3vs3 Basketball Event date(s): 8/11/2024 CERTIFICATE HOLDER 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. City of Santa Ana,its officers,officials,employees and volunteers,20 Civic Center Plaza,Santa Ana, AUTHORIZED REPRESENTATIVE CA 92701