Loading...
HomeMy WebLinkAboutBRIGHTLIFE DESIGNS, LLC (5) INSURANCE NOT ON FILE N-2024-332 WORK MAY NOT PROCEED CITY CLERK DATE: OCT 0 4 2024 AGREEMENT FOR HOLIDAY LIGHTING DESIGN, INSTALLATION, AND REMOVAL AT THE ZOO BETWEEN BRIGHTLIFE DESIGNS AND CITY OF SANTA ANA O:pcSp (0 THIS AGREEMENT is made and entered into on this 1st day of October, 2024 by and between Mary limb)k.0 BrightLife Designs, LLC, ("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 having special skill and knowledge in the field of designing, installing and removing holiday decor and lighting at the Santa Ana Zoo. 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 consulting 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 Contractor shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference. 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 Scope of Services - Exhibit A. The total amount to be expended during the term of this Agreement shall not exceed $23,850. Payment of$11,925 shall be paid upon full execution of this Agreement, and payment of$11,925 shall be paid prior to installation commencement. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Contractor agree that all payments due and owing under this Agreement shall be made through Automated Clearing House(ACH) transfers. Contractor agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Contractor's account(s) with financial institutions. Page 1 of 8 #435552v1 Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and continue through June 30, 2025, with the option for the City to grant up to two 1-year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15,below. Contractor represents that prices stated in Exhibit A will remain the same through any renewal periods. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent Contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however,the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes,which are prepared or caused to be prepared by 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 which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, to obtain and maintain insurance, as described below, for the entire Term of this Agreement, against claims for injuries to persons or damage to property which may arise from or in connection with services,products and materials supplied to City.Total cost of such insurance shall be borne by Contractor. Page 2 of 8 #435552v1 MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 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 $1,000,000 per occurrence and. $2,000,000 aggregate. 2. Automobile Liability (AL): Insurance Services Office Form Number CA 00 01. covering any auto (Code 1.), with combined single limits of $1,000,000. In the event Contractor does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance with existing limits, which can be lower than $1,000,000. 3. Workers' Compensation (W/C): 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, per employee, per policy for bodily injury or disease. This requirement can be waived if Contractor has no employees. If the Contractor maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, the City requires and shall be entitled to the broader coverage and/or 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. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: 1. CGL and AL policies: City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, equipment, and personnel furnished in connection with such work or operations. 2. All required insurance policies: Contractor's Insurance company(ies).agrees to waive all rights of subrogation against 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. All required insurance policies: For any claims related to this contract, 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. All required insurance policies: A severability of interest provision must apply for all the additional insureds, ensuring that Contractor's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. 5. Insurance policy(ies) required 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)clays prior written notice has been given to Page 3 of 8 #435552v1 City. Ten(10) days prior written noticeshall be provided to City for policy cancellation or non-renewal clue to non-payment. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ma, 20 Civic Center Plaza, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate. 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. 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. Verification of Coverage Contractor shall furnish the City with original certificates and amendatory endorsements(or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements 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. Claims Made Policies If any of the required policies provide coverage on a claims-made basis: I. The retroactive date must be shown and must be before the date the contract 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 purchase "extended reporting" coverage for a minimum of three (3)years after completion of work. 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. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Page 4 of 8 #435552v1 7. 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, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and(2) from any claim that personal injury, damages,just compensation, restitution,judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages,just compensation, restitution,judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The 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 out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent,trademark,or copyright infringement,including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 9. 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 (3) years from the date of final payment to Contractor under this Agreement. 10. CONFIDENTIALITY If Contractor receives from the City information which clue to the nature of such Page 5 of 8 #435552v1 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. 11. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION 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. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, 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 is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Page 6 of 8 #435552v1 Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 15. 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(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure,right or remedy.No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES 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 7 of 8 #435552v1 19. NOTICE Any notice,tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail,postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City Cleric City of Santa Ana 20 Civic Center Plaza(M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Executive Director, Parks, Recreation and Community Services City of Santa Ana 20 Civic Center Plaza(M-75) P.O. Box 1988 Santa Ana, California 92702 To Contractor: Joe Castro Owner/Designer/Legal Compliance Bright Life Designs, LLC 16351 Gothard St., Ste C Huntington Beach, CA 92647 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four(24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames,weekends, federal, state, County or City holidays shall be excluded. 20. 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 Page 8 of 8 #435552v1 attorney's fees,for any injuries or damages to City in the event that such authority or power is not,in fact,held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF,the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF S TA ANA nnifer L i ikfr ' Alvaro Nunez City Clerk City Manager APPROVED AS `ORM: SONIA R.CARVALHO CONTRACTOR: City Attorney By ,(d,ac. Andrea Garcia-Miller Name: 'thl// 0 f' Assistant City Attorney Title: 8ussi cye Y RECOMMENDED FOR APPROVAL: Hawk Scott Executive Director Parks,Recreation,and Community Services Agency #435552vI Page 9 of S EXHIBIT A SCOPE OF SERVICES DESIGNS� Santa Ana Zoo Description Quantity Unti Cost Total Entrance Area Installation and Removal of Orange and Purple Mini Lights on Four(4)Palm Trees along 4 $ 300.00 $ 1,200.00 the planter of the main entrance park.Lights to be wrapped up to the nut of the palms. Approximatley Five to Seven(5-7)strands used on each tree. Installation and Removal of Orange and Purple Mini Lights on Twelve(12)Small Trees 12 $ 275.00 $ 3,300.00 along the planter of the main entrance park.Lights to be wrapped up to the fronds on the trunks.Approximatley Three to Four(3-4)strands used on each tree. Installation and Removal of Orange and Purple Mini Lights on One(1)Medium Trees along 1 5 350.00 $ 350.00 the right side of the entrance path.Lights to be wrapped up to the trunk and some major branches.Approximatley Three to Four(3-4)strands used on each tree. Installation and Removal of 2D Halloween Silhouettes on the outer fence of the Zoo. 6 $ 350.00 $ 2,100.00 Elemets include pumpkins and witches.Elements are lighted and will be distributed evenly along the fence line. Barn Area Installation and Removal of Orange and Purple Mini Lights on Four(4)Large Trees 4 $ 375.00 $ 1,500.00 throughout the barn area.Lights to be wrapped up to the trunk and some major branches. Approximatley Seven to Nine(7-9)strands used on each tree. Installation and Removal of RGB Upligthng in the bushes on either side of the main 14 $ 375.00 $ 5.250.00 walkpath leading to the Barn Area.Uplights will be set to Orange/Purple Alternating colors to illuminate the walk path.Approximatley Seven Uplights to be used per side.Fourteen (14)total. Rainforest Adventure Outpost Area Installation and Removal of Orange and Purple Mini Lights on Two(2)Large Signature 2 5 850.00 $ 1.700.00 Trees throughout the Rainforest Adventure Outpost Area.Lights to be wrapped up to the trunk and some major branches.Approximatley Fifteen to Seventeen(15-17)strands used on each tree.Wrapped about 15-20ft up. Installation and Removal of RGB Upligthng in the bushes on either side of the main 8 $ 375.00 $ 3,000.00 walkpath leading to the Rainforest Adventure Outpost.Uplights will be set to Orange/Purple Alternating colors to illuminate the walk path.Approximatley Eight Uplights to be used(8)total. Stage/Theater Area Installation and Removal of Orange and Purple Mini Lights on Two(2)Large Signature 2 $ 850.00 $ 1,700.00 Trees in the Stage/Theater Area.Lights to be wrapped up to the trunk and some major branches.Approximatley Fifteen to Seventeen(15-17)strands used on each tree. Wrapped about 15-20ft up. Removal of Barn Lights Removal of Approximately Six Hundred(600)feet of 1 $ 3,750.00 $ 3,750.00 currently installed perimeter lighting on the Barn Building of Santa Ana Zoo. -Lift and Lift Access Required -Area closure while work is being conducted is required. -Lights will be removed and left in the possession of Santa Ana Zoo. -Contractor not responsible for any damage previously caused by lighting product. Annual Total $ 23,850.00 J N'-'.;' '' / � O Y U) C 411 I O 5 u p Q N9 w v H n N J v L p L w A 0 - r -, , 7 T. M Ni , v ■_ „ ') n -c O � ll C m w ID FE N O N "ice , c a I • -j. .r..: � < ekr. .._ p ■ =t��ii I .4...1 , . .:.,,414--,t4:-.-1 .'7;1=-7- ; .' ' . ille ,°.°\ . 19•r,•. _' - it 1,-4.1;;-,.. Itiv,,.-.' . iliAll ie.t.it 11, ,_ - ",,-, 1. v- I I. r, o • 1 1 I •i 1 C y U } 'i+ �a 'f 1 C J 1.:1 111 Ili" ' r • ! v • t a '" c = O 'it -'If` w O O fl_ O N O am o 0 ) U IQ E Cl)W O 0) aucu r C .— U W „. ,.. 4‘...,-_2_,2t.-AA-„ . ,,,....-.,4.. =--•., ';',711.0..1,_:,,,.11.,,..r, ,.. ...47, --,..,._ :`-,,..L4”4r. .":‘,.,,::, -. ,,,,., ", .,, k:•', ,P.,,114-eNt- ""i'..,,c5::A4..1 '' •,..'' ' . 4 '1.-- , - -• It t i ilf J .Z/Z::* ''''-'/144.' ''''' ';411V"..- -.. ' '-' • 411if it , 'kb, 0, *r.......14.--"- " •-•, ...'"Ai.' ' t ' • . '''"'v ?.'.•- its_ z •44.11.0 4 4 : ra -- - • ''''-‘..x404`• ,4-• •".. - N-. - - II='it' 2- I a N• :: ,i' ' A . •ite40 a) 4. '4; < #N, 0 RI COC •-.t... --tt '1, . , - L,:::.1. , • . _,,,,v•. , , t„) s- CO ...i l'••• A. .. .,. ci A. 41 I*0..„,,,$:•4 • ,*.ilikkW 1 c V42 -_. •• k. 4 -, '1 . • - . s 4 . -.-4,•"- ' . , 1,1 'r ' ' t 4' ••' `;* ' - ..., lit, - IW .•,-...: ' ' f•,-3 (73" ... .. '', -•- .1z', 4,--- --'' (1) .. - ,,.,-4.0i ' 1-1 •', , ' • , ' 1- s - ,-,_ ,ANti.v itE S i / AI = • -s,-44*- — e"--'• _. ; 1.:, , _. . itA ./../ ,- - • /1- CO CO cll CZ 0 9 A.. - 6,I-4 • ',Sf` .,_,), 4. • ..., - t I , ttO _ ,1111,I!I f • 3 k . L - , ,* eitaki„,;w,' ,;.-.. I '-7F-'.'1-41Q 4 ',.. -4,,7!':" •••' ';4...-:,1,'1; ...li ;:-,'' '7''- ..-r%I .,''' ''' • ' '•i• ''' .1.' ' •• _c cu 4.• ,, ;-.-,-P , ,, .• „:, . : .1 ,„ . , - . ,.._____ L •--, = -= _ ,-,. , ,--, ( sor Nr •.' „„ -`,-• ,., O 176 , • , , L . . I.,,.• .4, ,; .,_ --.7.- . A i ? ,• .-- ''' -• '' , I No.1 .4, .:r. .4 -'S • , i ' • ,_ 0 ,•• 4 .... cr - = .c ,.. ,..,, 4.-•-, .-, .44.4 '- - , I a) two ()I =, ---• ,'S.,..e. - 0, , '-•iit 4 ., . cz •-•..- .4..-- ,-,f .-.. . . . " .•'Iti ... ... . ,: • - - ,t 46-; I • 0 cp , _) .I , '1--• 0 7F,• U LL .c; _n -•-z- CU • In a.) 0 C i) : •.. , a cn 0 .C2 I I,.' 4-, V) (717) - -C a.) (1) . ,.-1 1 ., ' - 4.• * 'f if tl0 _C CU 2..-J (f) 0 Tt- _,...,‘„,'"'.4,•••'„17-,,,,-* .. •1 ', Alt 44-• •Iker-fft:•,. ,. , __. . t E _c.2 03 r L.1011111 4 t-.••• I ..- ..= 0 • r"‘"1 1 4/S - t , - 0 km =i1 4 I 0... +7C ,I•;) = tit) CI) ... 00 - a.) a.- "D 0•"1. ' 7.,r . - ka.ci D 0 N I. . ''''.. '.., La .. , .;. is ? . ':,' . , roc ccl u" ,.._ 0 •- • -` .+r ,. • " ' ' if ' AD Jiitioseifit rx11,. le, ,. i„ , ,;g..... ..- . h. # 4 1 . 5 0 0 4-1441C.I'l- , i,I. ._ . dr ,, .' 04.1`. • - IA 14 .,- —Ito . - co- - » (r) ,. , glia •` ---; i ' 1 , 4., lip tx •ra, 1 Q., -irk.,„_r .,I- ,I.R,, - ik II - , ' "" - •-•• cll CI) — CC CC c-) c c = . 1.4 ta! = C C h• .4k- i . . ,, .. v. .. 1 o o cu N. ,..... ,... , .. -.........:-..!, 1 , , ,,‘kr, s '".'"--,. • CCS CU = ..".- 'ff,' Atli l‘r• ---',.‘-, r • . 1-. ' ' - cn cn = ba --....._ 4,,,,, /.4 st", ,, - ..,-,,••,4- :, J,..... = C 0 CC 11 Ott . , 1 I i 1 t ' : ":. • I — ' . --, CU ' • '. 4f., *1', 4.• .c. • ..4 ... ' ir ; F ' -.• ''. I. --'' 0 03 j l' '4''o• . , 1.----- o a m in `le::) U Q Q �ea�yy,�� J = ..,. , . .. 14.1%, t::',',.'"f ..': ' %, ,:`-f-.;t• - . r t'!t i -._ s-,--".. „b.: 4 i. f'r �r 4 ��',�j �- 'J I $J a f O iiiititi c c w CC CD I I �01j -s « co eft f +11" V• 2 a) .::_. : • 4010 -or . co __ .. • a?) J y r . ti#. ..,,P4 . •-4 .• am E i _cU _, =y •M l c ...I .1` ,.1 0 o- .1000:7.44‘1-::--',..77.'•'-,: •.. }rr • ,i yi � .a-.) U U 1 a k ti y r.:; t 41 0 j Q _ • Rwa 4 ✓ • J in • c U co I Y `d -r It I 3 yea y c m 5 O -'! ' .1. '-it. ..�� ,� !,• a - `� ,j i O { cc tr) Ca w, e O O in W I • i. a • - y... -t'i . • I....y,. E E - a) .y t - f 8 a) a� o c O.) c O O Q O a) ap Ed O0 O C N O C�6 Q a) _ 0 Q U ra .) N a ra v :...•;., - ,- • .,,z..-......:-. ,:,, - ,i-i ....-.,,, ..,- - ., --F. i , .... 5 w - cr t Aciii:.4 , a) ' 1- ',C.' -..... - 4-. • '111,)4.-!' k y . jiii II 1# a— CC) y: ,t).0 , 7,_ r Cl.) Q) 4 �' : f •'3 r FL— �- _ „ _._:. „......, • : .,:, , -4, -_1 '. ,�ei 5 ... V J i J .1 '-•:,,,-. .:,:-..., ` N vi a) c - 's ,� + a ] am;ter i le_- , :`�,� '."5- F$!P O} C�.� C ! L j : G h MN 0.) J C2 m's \ s 6 ' � cn• " a * r . i uv s o v t • ift 'y �i CL � = V � -m a4. .0A . f- •- Kt - ;lit, -„,:,• 7 .. — ••• `7 - - 1110 ..,•:- ' = 4.-•• C2_ " o-_-�: d . .,.z oio;I! a, • •, o .mayz ry �a `1 _ o 0 , t = (1) (1) c • E :� - ► . Lam. • O 0. CD .0.0 Q , RI iia .7'.../ 3i..1114 a y3 ..• V % (r) (f) (3.) a) a) a) L_ . E-- 1--- a) h•r--- L_ a) a) LLD •— ., -,....,, a-,S ILO p...1) co E co _...! ..,._I Cr: + D <I 0 i I 0- Ihr----. lade x° 0000000 . 7 ' C "i k '.....t — t, _1 •_-_ . _ .1 I a. V 1 . 4 ,., I' 4 • -._.. '7". -- , L.)•, Z aL , . . as i.o.4 o ad 4 Cr'.1 000 ,,c,'"1- - . -.. ..., C , ,. s._ I"... mc ,-, — •4.." -1 0...ca. ...e- , ti ,.r.:,r1 . .1:.-•.-... --ti , 0 " ,.*"' . . .04''' ' '- -.`i 1..:.. 0 7." . i. t,.. .. 0 -, crl 4 CO Nti.., •.--:,...;':"::--, .---7 ' ' !-.1 '..---' , 41/411i, _I._ra I -tio . . . ,..,. . rivo.:-s-,- r' -I - .:•- ,4 A 4- , 0 1'<1 (ii:V4V++ 0 0 .' . :.'.'';(•;t7fii 4-, 4-4 I-7 .,::.,. .- - .. . . • ,. ..- .._. . _ 4_ - . ... - ,.,!,,:.'.'...3.•1-4 .: ",-.',A,t -:1 !- 1111 '.'".4'.....;- -. " A , k- '''.--. .': - r' - 1 . P- • i .1, ..'4'•- c•••I i-_,T ......i... . ,LAIL 7 _ --.i.. 00 2 '::/..f.-:—:.--701w-.. ' - 1 • -- - % - -4'A ,4011p s. - r, La a ,.., . , • .4.: ill - It la - , ,•t- !4 • ,.•, . E .- . t,' ,,,n. -t ,...,- L-J .."114411111114" a• ..4 .7 ."-- '''''.:. lit 01 t ''-'14,1: . ,...-.1k OW ir , ,. . , . : .. ,..A.. ..—‘,.... Lf) I e_...:• 1 iiik .. -....., v , .., _ ,—4,,......,e;........... .._,...r_.._..„,......_.__...._. ,-. U 0 _, = . * 0. co E DATE(MM/DD/YYYY) ACORN° CERTIFICATE OF LIABILITY INSURANCE 09/24/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Nica Llorin B2 Insurance Services NAME: 1426 Aviation Blvd, Suite 203 A/C.No. xt E : (424)286-9400 PHONE FAX No): (424)888-7660 Redondo Beach, CA 90278 E-MAIL ADDRESS: nlCaCb2lnSurarlce.COm License#: 0122551 INSL RQJg4a11mcjamd by Angie NAIL# F"1A[t-ftL-(Jeqc1aIty Insurance Co INSURED %I UR RB: r.!!­; ',Ule , Brightlife Designs LLC INSURERC: Cid' It01 16351 Gothard St - Ste C INSURERD: Scottsdale Insurance Huntington Beach, CA 92647-3633 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER: 00006370-1889171 REVISION NUMBER: 203 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR I POLICY NUMBER MM/DD/YYYY MM/DDIYYYY A X COMMERCIAL GENERAL LIABILITY Y Y MP000401610085200 08/10/2024 08/10/2025 EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE DAMAGE TO RENTED X OCCUR PREMISES Ea occurrence $ 100,000 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY JECT LOC PRODUCTS-COMP/OP AGG $ 2 000 000 OTHER: $ B AUTOMOBILE LIABILITY Y Y BA040000070299 10/09/2024 10/09/2025 (CEO,acccidentslNGLE LIMIT $ 1,000,000 ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY X AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident X Deductible-10 0 Comp/Collision $ 1000 C UMBRELLA LIAB X OCCUR Y Y XS22030363-02 08/10/2024 08/10/2025 EACH OCCURRENCE $ 2,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 2,000,000 DED RETENTION NONE $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N I A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ D Employment Practices Y Y EKS3519197 04/07/2024 04107/2025 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The city of Santa Ana, its officers,employees, agents and representatives are Additional Insureds with respect to General Liability and Auto Liability per the attached endorsements or as required by written contract. Insurance is Primary and Non-Contributory CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRI City of Santa Ana - Risk Management Division THE EXPIRATION DATE THEREOF,NO Risk ManagementDMsinrt ACCORDANCE WITH THE POLICY PRC a" �F 4th Floor REVIEWED&APPROVED BY. 20 Civic Center Plaza °( �. g, e j�ee„44 AUTHORIZED REPRESENTATIVE Santa Ana, CA 92702 I /p, ®' Risk Management Specialist ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Printed by NLL on 09/24/2024 at 11:06AM CONTRACTUAL LIABILITY AMENDMENT— (PERSONAL AND ADVERTISING INJURY) If it is required in a written contract,written agreement or written permit with the Named Insured that any contractual liability exclusion for"personal and advertising injury"be removed from the policy, then Paragraph 2. Exclusions e. Contractual Liability of SECTION I—COVERAGES-COVERAGE B- PERSONAL AND ADVERTISING INJURY LIABILITY is deleted in its entirety and replaced with the following: e. Contractual Liability "Personal and advertising Injury" for which the insured has assumed liability in a contract or agreement arising out of an "advertisement." This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. BLANKET ADDITIONAL INSUREDS—AS REQUIRED BY CONTRACT Subject to the Primary and Non-Contributory provision set forth in this endorsement,SECTION II -WHO IS AN INSURED is amended to include as an additional insured any person or organization with whom you have agreed in a written contract,written agreement or written permit to add as an additional insured on your policy.Such person or organization is an additional insured only with respect to liability for"bodily injury"or"property damage" or, to the extent applicable under the Coverage Part to which this endorsement applies, "personal and advertising injury" caused, in whole or in part, by: A. Your ongoing operations, "your product,"or premises owned or used by you. With respect to the insurance afforded to these additional insureds,the following additional exclusion applies: This insurance does not apply to"bodily injury", "property damage"or,to the extent applicable under the Coverage Part to which this endorsement applies, "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services by or for you, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrong-doing in the supervision, hiring, employment, training or monitoring of others by that insured, if the"occurrence"which caused the"bodily injury" or"property damage", or, to the extent applicable under the Coverage Part to which this endorsement applies, the offense which caused the"personal and advertising injury," involved the rendering of, or failure to render, any professional architectural, engineering or surveying services. B. Your maintenance, operation or use of equipment, other than aircraft, "auto"or watercraft, rented or leased to you by such person or organization.A person or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such rented or leased equipment ends. With respect to the insurance afforded to these additional insureds,this insurance does not apply to any"occurrence"which takes place after the rental agreement or equipment lease expires. C. Your lease of premises from any person or organization, but only with respect to liability arising out of the ownership, maintenance or use of that part of the pre This insurance does not apply to any"occurrence"which takes place "° ",=„ Risk Man�w.,nerdDMsim a tenant of that premises. REVIEWED&lVPROVED BY: MUS 01 0120156 0321 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. A-jz,Aav40 ;� Risk Management Specialist Insured Copy D. Your ownership, maintenance or use of your premises but only with respect to the liability of any person or organization as mortgagee, assignee or receiver. This insurance does not apply to any"occurrence"which takes place after the mortgage is satisfied, or the assignment or receivership ends. E. Your operations performed by you or on your behalf for any state or governmental agency or subdivision or political subdivision, but only with respect to that state or governmental agency or subdivision or political subdivision for which a permit or authorization has been issued. The provisions of this coverage extension do not apply unless the written contract or written agreement has been signed by the Named Insured,or the written permit issued, prior to the"bodily injury"or "property damage"or, to the extent applicable under the Coverage Part to which this endorsement applies, "personal and advertising injury." DAMAGE TO PREMISES RENTED TO YOU The Limit of Insurance for Damage To Premises Rented To You referenced in Paragraph 6 of SECTION III is increased to$500,000. PRIMARY AND NON-CONTRIBUTORY PROVISION The following is added to Paragraph 4. Other Insurance, b. Excess Insurance under SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS: With respect to any person or organization included as an additional insured under this policy,this insurance shall be excess over any other insurance that person or organization has and such other insurance shall be primary unless: A. The additional insured is a Named Insured under such other insurance; B. You have agreed in a written contract,written agreement or written permit to include that additional insured on your General Liability policy on a primary and/or non-contributory basis; and C. The written contract or written agreement has been signed by the Named Insured,or written permit issued, prior to the "bodily injury"or"property damage"or, to the extent applicable under the Coverage Part to which this endorsement applies, "personal and advertising injury." D. With respect to indemnity, you have been adjudicated liable in full for the"bodily injury"or "property damage" or, to the extent applicable under the Coverage Part to which this endorsement applies, "personal and advertising injury". Risk ManW mend Division REVIEWED&APPROVED BY. MUS 01 01 20156 0321 Includes copyrighted material of Insurance Services Office,Inc.,with its permis,, � _Illl.]_I_If'L R-jz,f}av44 Insured Copy �® Risk Management Specialist BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY The following is added to Paragraph 8. Transfer of Rights Of Recovery Against Others To Us under SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS: We will waive any right of recovery we may have against a person or organization because of payments we make for"bodily injury"or"property damage"arising out of your ongoing operations or"your work" done under a written contract or written agreement and included in the"products-completed operations hazard,"if: A. You have agreed to waive any right of recovery against that person or organization in a written contract or written agreement prior to loss; B. Such person or organization is an additional insured on your policy; and C. You have assumed the liability of that person or organization in that same contract, and it is an "insured contract'. The section above only applies to that person or organization identified above, and only if the"bodily injury" or"property damage"occurs subsequent to the execution of the written contract or written agreement. CONTRACTUAL LIABILITY (RAILROADS) The following is added to Paragraph 9. "Insured Contract"of SECTION V—DEFINITIONS: Paragraph c. is deleted in its entirety and replaced with the following: c.Any easement or license agreement; Paragraph f. (1)is deleted in its entirety. WAIVER OF GOVERNMENTAL IMMUNITY We will waive, both in the adjustment of claims and in the defense of"suits"against the insured, any governmental immunity of the insured, unless the insured requests in writing that we not do SO. Waiver of immunity as a defense will not subject us to liability for any portion of a claim or judgment in excess of the applicable limit of insurance. All other terms and conditions of this policy remain unchanged. Risk Manugmerd Division M US 01 0120156 0321 Includes copyrighted material of Insurance Services Office,Inc.,with its permis REvlexrED&APPROVL3J ev:sioi ei!It�■ 1':`, OVEN Insured Copy L]®�' Risk Management Specialist POLICY 9BA040000070299 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. The following is added to the Section II— Liability Coverage, Paragraph A.I. Who Is An Insured Provision: Any person or organization that you are required to include as additional insured on the Coverage Form in a written contract or agreement that is signed and executed by you before the"bodily injury"or"property damage" occurs and that is in effect during the policy period is an "insured"for Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. Risk Management DMsim R-MEWED&NPROVED BY. A-�:a A�cv MCA20480711 ®�, �� Risk Management Specialist POLICY#BA040000070299 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to rnveragP prnvidpd by this Pndorsement, the provisions of the C;nveragp Form apply unless modified by the endorsement. SECTION IV— BUSINESSS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer of Rights Of Recovery Against Others To Us, the following is added: We waive any right of recovery we may have against any person or organization to the extent required of you by a written contract executed prior to any "accident" or"loss", provided that the "accident" or"loss" arises out of the operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. Risk nit Dim t. REVIEWED/&APPROVED BY. MCA04440913 ` Risk Management Specialist POLICYHOLDER COPY SC STATE COMPENSATION P.O. BOX 8192, PLEASANTON, CA 94588 INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 10-22-2024 GROUP: POLICY NUMBER: 9262964-2024 CERTIFICATE ID: 175 CERTIFICATE EXPIRES: 10-22-2025 10-22-2024/10-22-2025 CITY OF SANTA ANA SC JOB:CITY OF SANTA ANA 20 CIVIC CENTER PLZ 20 CIVIC CENTER PLZ SANTA ANA SANTA ANA CA 92701-4058 CA 92701 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 10 days advance written notice to the employer. We will also give you 10 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. Authorized Representative President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #0015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 2023-10-22 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. NAME OF ADDITIONAL INSURED: CITY OF SANTA ANA ENDORSEMENT #1951 - JOE CASTRO, MGRMBR - EXCLUDED. ENDORSEMENT #1951 - MATTHEW PETERSON, MGRMBR - EXCLUDED. ENDORSEMENT #1951 - JOSEPH ANNIGONI, MGRMBR - EXCLUDED. ENDORSEMENT #1951 - JOSEPH ANNIGONI, MGRMBR - EXCLUDED. EMPLOYER N oR.BRIGHTLIFE DESIGNS, LLC Riak Marugnent I)Msbn SC e^ t. REVIEWED F.APPROVED BY.16351 GOTHARD ST STE C a HUNTINGTON BEACH CA 92647 ''' *zc�t' Risk Klanagentent Specialist (REVJ-2014) PRINTED 09-17-2024 n Download on qhe IL App Store