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HomeMy WebLinkAboutVINFAST AUTO, LLCDocusign Envelope ID: 8F07505F-D313-4500-BO88-OFAF5740202C N-2025-021 INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES PARTNERSHIP AGREEMENT WITH VINFAST AUTO 0 ��� =—�-�' FOR HEADLINE LEVEL PARTNERSHIP CI FY CLERK DATE; JAN 2 9 2025 THIS PARTNERSHIP AGREEMENT ("Agreement") is made and entered into this 9th day of January, 2025 by and between VinFast Auto, LLC, a Delaware limited liability company ("Partner"), and the City of Santa Ana, a charter city and municipal corporation organized and Q Pgcsi(o)existing under the Constitution and laws of the State of California ("City"). (orytyvi Ifth (kr) RECITALS A. The City is producing its Tet Festival event on Saturday, January 25, 2025, and desires to retain partners for such City event. B. Partner represents that it is able and willing to enter into a partnership for City event(s). C. In undertaking the performance of this Agreement, Partner represents that it is knowledgeable in its field and that any activities conducted by Partner under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional firm in such 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. PARTNER BENEFITS In exchange for the consideration specified in Section 3 below, Partner shall be entitled to the benefits at the City event(s) as described in Exhibit A ("Event(s)"), attached hereto and incorporated by reference. Partner grants to City the right to use Partner's trademark(s), trade name(s), logo designs and company descriptions ("Marks") as prepared and delivered to City by Partner in any medium of advertising, marketing materials, and/or promotional goods distributed in conjunction with the Event(s) and in accordance with Partner's usage guidelines. The manner and display of Partner's Marks must be specifically approved in writing and in advance by an authorized representative of Partner. 2. CITY RESPONSIBILITIES In exchange for the benefits specified in Section 1 above and for the consideration specified in Section 3 below, City shall be obligated to provide and perform the responsibilities as described in Exhibit A. 3. PARTNERSHIP CONSIDERATION For its participation as a Partner for the Event(s), Partner shall provide to the City in -kind contributions valued at Six Thousand Dollars and Zero Cents ($6,000.00) as further described in Exhibit A. Partner shall not be entitled to the partnership benefits under this Agreement, or to Page 1 of S NS ltlf jF[+ Docuslgn Envelope ID: 8F07505F-D313-4500-B088-OFAF5740202C otherwise participate in the Event(s), if Partner fails to provide the in -kind contributions described in Exhibit A. 4. TERM This Agreement shall commence on January 9, 2025 and terminate on January 27, 2025, unless terminated as otherwise provided in this Agreement. 5. INDEPENDENT CONTRACTOR Partner 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 Partner performs the services which are the subject matter of this Agreement; however, the services to be provided by Partner shall be provided in a manner consistent with all applicable standards and regulations governing such services. Partner 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 Partner shall procure and maintain for the duration of the agreement, the following insurance coverages: Minimum Scope and Limit of Insurance. Partner shall maintain limits of insurance coverage in the following minimum amounts and shall be at least as broad as: • 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. • Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with combined single limits of $1,000,000. In the event Partner 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. • 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 Vendor has no employees. • If Partner maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Partner. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Page 2 of 8 (4S Nft 9�'Et Docusign Envelope ID: 8FO7505F-D313-4500-B088-OFAF5740202C Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: • 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 with respect to liability arising out of work or operations performed by or on behalf of the Partner including materials, parts, equipment, and personnel furnished in connection with such work or operations. • All required insurance policies: 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 Partner for City. • All required insurance policies: For any claims related to this contract, Partner'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. • All required insurance policies: A severability of interest provision must apply for all the additional insureds, ensuring that Partner'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. • Each insurance policy 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) 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. • Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Parks, Recreation, & Community Services Agency, 20 Civic Center Plaza, M-23, Santa Ana, CA 92701. The name and location of event should 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 Partner 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 of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City. Verification of Coverage. Partner shall furnish City with original Certificates of Insurance including all required 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 to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Partner's obligation to provide them. City reserves the right to require complete, certified Page 3 of 8 Docusign Envelope ID: 8F07505F-D313-4500-B088-OFAF5740202C Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: • 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 with respect to liability arising out of work or operations performed by or on behalf of the Partner including materials, parts, equipment, and personnel furnished in connection with such work or operations. • All required insurance policies: 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 terns of any policy which arise from work performed by Partner for City. • All required insurance policies: For any claims related to this contract, Partner'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. • All required insurance policies: A severability of interest provision must apply for all the additional insureds, ensuring that Partner'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. • Each insurance policy 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) 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. • Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Parks, Recreation, & Community Services Agency, 20 Civic Center Plaza, M-23, Santa Ana, CA 92701. The name and location of event should 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 Partner 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 of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City. Verification of Coverage. Partner shall furnish City with original Certificates of Insurance including all required 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 to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Partner's obligation to provide them. City reserves the right to require complete, certified Page 3 of 8 awk Jf6 Docusign Envelope ID: 8F07505F-D313-4500-B088-OFAF5740202C 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: • The retroactive date must be shown and must be before the date of the contract or the beginning of work. • Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of work. • 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, Company must purchase "extended reporting" coverage for a minimum of three (3) years after completion of work. Subcontractors. Partner shall require and verify that all sub -contractors maintain insurance meeting all the requirements stated herein, and Partner shall ensure that City is an additional insured on insurance required from sub -contractors. 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. 7. INDEMNIFICATION To the fullest extent permitted by law, Partner shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively, the "City Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a "Claim"; collectively, "Claims"), which may arise from or in any manner are related (directly or indirectly) to Partner's breach of this Agreement or Partner's presence or activities at the Event (including the negligent and/or willful acts, errors and/or omissions of Partner, its principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Partner to indemnify the City Indemnified Parties from any claim arising from the negligence or willful misconduct of the City Indemnified Parties. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Partner. 8. CONFIDENTIALITY If either party receives from the other party information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, the receiving party Page 4 of 8 kkS ktlt 9�'h 91'Et Docuslgn Envelope ID: 8F07505F-D313-4500-B088-OFAF5740202C 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, cormnunication 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. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Partner 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 Partner. 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 Partner 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. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Partner, Partner 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 partners retained by City. 13. CANCELLLATION OR TERMINATION a. If, because of war, fire, strike, civil strife, government regulation, natural catastrophe, an act of terrorism or public enemy, an act of God, or any reason beyond the reasonable control of City, the Event or any part thereof is prevented from being held or is cancelled by City, City, in its sole discretion, shall determine and refund to the Partner its proportionate share of the balance of the aggregate partner fees received that remain after deducting actual expenses incurred by City. In no case shall the amount of the refund to the Partner exceed the amount of the fee paid. City reserves the right to cancel any portion of the Event as it deems necessary and appropriate and in such event, shall refund to the Partner the applicable share of Partner fees applicable to such cancelled portion of the Event. b. Cancellation by the Partner will be accepted only in writing. In the event of cancellation by Partner, not due to an event in section 13(a) of this Agreement or City's breach Page 6 of 8 Docusign Envelope ID; 8F07505F-D313-4500-B088-OFAF5740202C of this Agreement, Partner will remain obligated for 100% of the partnership fee, and City will retain the right to seek and retain an alternate partner in City's sole discretion. 14. NONDISCRIMINATION Partner shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or any activities in connection with this Agreement. Partner affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. 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. 16. PROFESSIONAL LICENSES Partner shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary 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. Partner 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. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature 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. [signatures appear on followingpage] Page 7 of 8 l+S N tN 97 Docusign Envelope ID: 8F07505F-D313-4500-B088-OFAF5740202C SIGNATURE PAGE FOR PARTNERSHIP AGREEMENT WITH VINFAST AUTO, LLC FOR HEADLINE LEVEL PARTNERSHIP IN WITNESS WHEREOF, the parties hereto have executed this Partnership Agreement the date and year first above written. ATTEST: SONIA R. CARVALHO City Attorney By: Jonathan T. Martin z Assistant City Attorney RECOMMENDED FOR APPROVAL: Hawk Scott Executive Director of Parks, Recreation and Community Services Agency CITY OF SANTA ANA � Vt, varo Nunez City Manager E Signed by: 2D1891A035�3 Nhung Thi Cam Tran CEO Page 8 of 8 Y4 Docusign Envelope ID: SF07505F-D313-4500-BO88-OFAF5740202C EXHIBIT A S%, anta Ana Program overview: CITY OF SANTA ANA Parks, Recreation, & Community Services Agency 2025 Event Headline Level Partnership: VinFast VinFast Auto. (VINFAST) will be providing a $6,000 financial contribution to the City of Santa Ana's Parks, Recreation, and Community Services Agency (PRCSA) as an event Headline Level Partner to participate in planning efforts for one city-wide main event. In exchange, PRCSA will provide marketing recognition and designated exhibitor space. The allowable activations will provide opportunities for city-wide community engagement, distribution of information, interactive activities, and giveaways for participants. VINFAST physical activations will be included at the following: • Main Event: o Tet Lunar New Year Festival • Saturday, January 25, 2025 • Centennial Park The VINFAST's responsibilities: • A $6,000 financial contribution paid directly to PRCSA at least forty-eight (48) hours prior to event date • Event activation and additional in -kind contributions will be made up of the following: o Event activation for full duration of event • All equipment and supplied needed for activation including, but not limited to a 10'x30' canopy, tables, and chairs • Vehicle display dependent on weather and condition of turf • Footprint set up and clean up to be conducted same day of event • Activation fully staffed and operating during all open hours of the event o Crafts and giveaways provided to community at no cost to participant o Minimum of (2) giveaway packages valued each at $100 for PRCSA community engagement activity • VINFAST grants PRCSA the right to use VINFAST's trademark(s), trade name(s), logo designs and company descriptions as prepared and delivered to City by VINFAST in any medium of advertising, marketing materials, and/ or promotional goods distributed in conjunction with the Event and in accordance with VINFAST's usage guidelines. PRCSA responsibilities: • Headline Partner Level inclusions for event: o Inclusion of VINFAST advertisement, marks, and/ or reference, as supplied by VINFAST, on signage as appropriate for the event that includes, but is not limited event marketing materials with logo placements, VINFAST activation directional signage, stage banner, and photography backdrop o Logo placement on event subpage located on PRCSA website with approved redirect link to https://vinfsatauto.us/ o Designated exhibitor space (10'x30') during event o Minimum of (2) stage mentions at event THE CITY OF SANTA ANA 20 Civic Center Plaza • 2nd Floor - Santa Ana, CA 92701 (714) 571-4200 • Web Site: www.santa-ana.org/departments/parks-recreation NS NkF 7FR Docusign Envelope ID: 8F07505F-D313-4500-BO88-OFAF5740202C o Social Media • Pre -event grid post on @santaanaparks • Day -of event social media acknowledgment in form of stories on @santanaparks • Post -event recap post caption mention on @santaanaparks o Inclusion in Community Engagement event activity THE CITY OF SANTA ANA 20 Civic Center Plaza • 2nd Floor - Santa Ana, CA 92701 (714) 571-4200 • Web Site: www.santa-ana.org/departments/parks-recreation VinFast_ Partnership_Agreement_(2025)_-_CA ®_signed Final Audit Report Created: 2025-01-21 By: Stephanie Garcia (SGarcia5@santa-ana.org) Status: Signed Transaction ID: CBJCHBCAABAAToZiEH3NzLcVaXjnlVP6KyzkFBAWZQDa 2025-01-21 "VinFast_-_Partnership_Agreement_(2025)_-_CAO_signed" Hist ory 6P Document digitally presigned by DocuSign\, Inc. (enterprisesupport@docusign.com) 2025-01-17 - 7:13:33 PM GMT Document created by Stephanie Garcia (SGarcia5@santa-ana.org) 2025-01-21 - 3:11:33 PM GMT P4 Document emailed to Hawk Scott (hscott@santa-ana.org) for signature 2025-01-21 - 3:11:55 PM GMT Email viewed by Hawk Scott (hscott@santa-ana.org) 2025-01-21 - 3:19:00 PM GMT d© Document e-signed by Hawk Scott (hscott@santa-ana.org) Signature Date: 2025-01-21 - 3:19:12 PM GMT - Time Source: server Agreement completed. 2025-01-21 - 3:19:12 PM GMT 0 Adobe Acrobat Sign n� �® CERTIFICATE OF LIABILITY INSURANCE DATE(MMI DN YY) 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(5), 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 15 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 IMA, Inc. -Colorado 1705 17th Street, Suite 100 CONTACT NAME IMA Denver Team PHONE FAx . 303-534-4567 ac Nei: E = s: denaccounttechs@imaeorp.com Denver CO 80202 INSURERS AFFORDING COVERAGE NAIC9 INSURER A: HOmesite Insurance Company of Florida 11156 INSURED VINFAUT-01 VinFast Auto, LLC INSURER B: HDI Global Insurance Company 41343 12777 W Jefferson Blvd, Ste. A-101 INSURERC: INSURER Los Angeles, CA 90066-7048 INSURER E El! INSURER F : COVERAGES CERTIFICATE NUMBER: 1875108544 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY 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. INBR LTR OF INSURANCE ADDLTYPE JIM BR SUn POLICY NUMBER MMI�DY� MMLDOY EXP LIMITS A X COMMERCIALGENERAL LIABILITY KDSLP90063001 2/27/2024 2/27/2025 EACH OCCURRENCE $1,000,000 CLAIMS -MADE � OCCUR OA A ETORENTED PREMISES Ea occurrence $1,000,000 MED EXP (Any one person) $ 5,000 PERSONAL&ADV INJURY $1,000,000 AGGREGATE LIMIT APPLI ES PER: POLICY 0 PRO- ❑ JECT LOC GENERALAGGREGATE $3,000,000 GENT X PRODUCTS - COMP/OP AGG $1,000,000 $ OTHER: A AUTOMOBILE LIABILITY KDSLP90063001 2/27/2024 2/27/2025 COMBINED SINGLE LIMIT Ea accident) $t,000,000 BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accitlent) $ PROPERTYDAMAGE Per accident) $ HIRED NON-0WNED AUTOS ONLY AUTOSONLY X Deductible $10,000 Symbol 21 B X UMBRELLALIAB X OCCUR CUD6273101 3/1/2024 3/1/2025 EACH OCCURRENCE $9,000,000 AGGREGATE $9,000,000 EXCESS LIAB CLAIMS -MADE DED X RETENTION$ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN WCC00000300 2/27/2024 2/27/2025 X I PER OTH- STATUTE ER E.L. EACH ACCIDENT $1,000,000 ANYPROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMSEREXCLUDED) N NIA E.L. DISEASE -EA EMPLOYEE $1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $1,000,000 A Garage Liability Coverage KDSLP90063001 2/27/2024 2/27/2025 Limit $1,000,000 1 FF Dedparole: $10.000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD IDl, Additional Remarks Schedule, may be attached if more space is required) RE: Tet Festival event on Saturday, January 25, 2025. City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers are included as Additional Insured on the General and Automobile Liability Policies, if required by written contract or agreement, subject to the policy terms and conditions. A Waiver of Subrogation is provided in favor of City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers on the General and Automobile Liability Policies, if required by written contract or agreement, subject to the policy terms and conditions. This Insurance is Primary & Non -Contributory on the General and Automobile Liability Policies, if required by written contract or agreement, subject to the policy terms and conditions. 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 20 Civic Center Plaza 2nd Floor AUTHORIZEDREPRESENTATIVE Santa Ana CA 92701 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD PROVED[,AP y Luisa Najera at 2:02mn3 Midvale Indemnity Company 6000 American Parkway Madison, WI 53783 AUTO DEALERS COVERAGE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE AMENDMENT - PRIMARY AND NON-CONTRIBUTORY This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM 1. The following paragraph is added to the Other Insurance Condition of Section IV —Conditions: This insurance is primary insurance to and will not seek contribution from any other insurance available to an additional insured under this policy provided that: a. The additional insured is a Named Insured under such other insurance; and b. You are required by a written contract or written agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 5.b. of the Other Insurance Condition of Section IV —Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional insured on a primary and non-contributorybasis. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED APPROVED By Luisa Najera at 2:02 pm, Jan 23, 2025 ADGL 00004 00 (04/21) Contains copyrighted material of Insurance Services Office, Inc. used with its permission Page 1 of 1 Midvale Indemnity Company 6000 American Parkway Madison, WI 53783 AUTO DEALERS COVERAGE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM The following is added to the Transfer of Rights of Recovery Against Others To Us Condition in Section IV —Conditions: If you are required by a written contract or written agreement, which pertains to the operation of your business and which is executed before a loss, to waive your rights of recovery from others designated in such contract or agreement, we agree to waive our rights of recovery. Our waiver of rights applies only with respect to a written contract or written agreement pertaining to your business, and shall not be construed to be a waiver with respect to any rights we may have against such party. I_1IT, 6y_1II3X01i12G11-dro & i77 �iTITINk APPROVED By Luisa Najera at 2:02 pm, Jan 23, 2025 ADGL 00001 00 (04/21) Contains copyrighted material of Insurance Services Office, Inc. used with its permission Page 1 of 1 Homesite Insurance Company One Federal Street, Suite 400 Boston, MA 02110 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT - SCHEDULE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM SECTION II - GENERAL LIABILITY COVERAGES, Paragraph D. Who Is An Insured is amended to include the following additional provision: The person(s) or organization(s) shown in the Schedule below is an additional "insured" for Auto Liability Coverage, but solely to the extent that you become obligated to include such person(s) or organization(s) as an additional "insured" under this policy as a result of any written contract or written agreement you enter into that is executed prior to an "accident' or "loss', and which requires you to furnish insurance to that person or organization of the type provided by this policy, and solely with respect to liability arising out of your operations or premises owned by or rented to you. However, the insurance provided will not exceed the lesser of: a. The coverage and/or limits of this policy. or b. The coverage and/or limits required by said written contract or written agreement. Schedule: Person(s) or Organization(s): On File with Program Administrator ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. ADCA 00003 00 (04/21) Contains copyrighted material of Insurance Services Office, Inc. used with its permission Page 1 of 1 APPROVED By Luisa Najera at 2:02 pm, Jan 23, 2025