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HomeMy WebLinkAboutSCOOTERS ITALIAN ICE FILE N-2025-081 APR 0 91015 VENDOR AGREEMENT BETWEEN SCOOTER'S ITALIAN ICE AND THE CITY OF SANTA ANA y c THIS AGREEMENT is made and entered into on this 26th day of March, 2025 by and between Scooter's Italian Ice, a sole proprietorship ("Vendor"), and the City of Santa Ana, a pG�Y D � �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 Vendor having special skill and knowledge in the field of providing food truck services at various City events for City's Library Services Department. B. Vendor represents that it is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Vendor represents that it is knowledgeable in its field and that any services performed by Vendor 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 Vendor shall provide the listed food, drinks, and refreshments during the term of this Agreement, and perform 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, and menu of services set forth in Exhibit B, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Vendor agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit B. The total amount to be expended during the term of this Agreement shall not exceed $12,000.00. This amount includes costs for services provided in Vendor's Estimate#1164, dated February 5, 2025, as set forth in Exhibit C, attached hereto and incorporated by reference, in the amount of $2,800.00. 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 Vendor agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Vendor 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 Pagel of 9 deposit payments directly into Vendor's account(s) with financial institutions. 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 April 26, 2025 and end on June 30, 2026, unless terminated earlier in accordance with Section 15,below, 4. INDEPENDENT CONTRACTOR Vendor shall, during the entire term of this Agreement,be construed to be an independent Vendor 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 Vendor performs the services which are the subject matter of this Agreement; however, the services to be provided by Vendor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Vendor 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 Vendor under this Agreement ("Documents & Data"). Vendor 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. Vendor represents and warrants that Vendor has the legal right to license any and all Documents &Data. Vendor makes no such representation and warranty in regard to Documents & Data which were provided to Vendor 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 Vendor shall procure and maintain for the duration of the agreement, the following insurance coverages: Minimum Scope and Limit of Insurance. Vendor 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, Page 2 of 9 property damage, bodily injury and personal & advertising injury with limits no less than$1,000,000 per occurrence and$2,000,000 aggregate. • Sexual Abuse or Molestation Liability(SAML): If the CGL policy referenced above is not endorsed to include affirmative coverage for sexual abuse or molestation,Vendor shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit of no less than$1,000,000 per occurrence or claim. • If Vendor 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 Vendor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: • CGL, and SAML 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 Vendor 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 Vendor for City. • All required insurance policies: For any claims related to this contract, Vendor'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 Vendor'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 Iiability. • 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 Vendor 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 Page 3 of 9 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. Vendor 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 Vendor's obligation to provide them. 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; • 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. Vendor shall require and verify that all sub-contractors maintain insurance meeting all the requirements stated herein, and Vendor 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 Vendor 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 Vendor 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 Page 4 of 9 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 Vendor'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 Vendor. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Vendor 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 Vendor to the City pursuant to this Agreement. 9. RECORDS Vendor shall keep records and invoices in connection with the work to be performed under this Agreement. Vendor 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 Vendor under this Agreement. All such records and invoices shall be clearly identifiable. Vendor 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. Vendor 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 Vendor under this Agreement. 10. CONFIDENTIALITY If Vendor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Vendor 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 Vendor disclosed in a publicly available source; (c) is in rightful possession of the Vendor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Vendor without reference to information disclosed by the City. Page 5 of 9 11. CONFLICT OF INTEREST CLAUSE Vendor 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 Vendor 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. Vendor 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 Vendor, 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 modiEed except by written instrument signed by the City and by an authorized representative of Vendor. 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 Vendor 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 Vendor, Vendor 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 Vendors retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Vendor shall be entitled to receive and the City shall pay Vendor compensation for all services performed by Vendor prior to receipt of such notice of termiination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Vendor to deliver to the City all work product(s) completed as of such date, and in such case Page 6 of 9 such work product shall be the property of the City unless prohibited by law, and Vendor 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 Vendor 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. Vendor 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. 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 Clerk City of Santa Ana 20 Civic Center Plaza(M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Page 7 of 9 With courtesy copies to: Executive Director Library Services City of Santa Ana 20 Civic Center Plaza(M-23) P.O. Box 1988 Santa Ana, CA 92702 To Vendor; Scooter's Italian Ice Attn: Paula Huntsman 1400 N. Kraemer Blvd. Placentia, CA 92871 Email: paula@scooteritalianice.com 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 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 following page] Page 8 of 9 SIGNATURE PAGE TO VENDOR AGREEMENT BETWEEN SCOOTER'S ITALIAN ICE AND THE CITY OF SANTA ANA IN WITNESS WHEREOF,the parties hereto have executed this Agreement the date and year first above written. ATTEST: r CITY OF NTA ANA: Jennifer Ha Alvaro Nunez r City Manager APPROVED AS TO FORM: VENDOR: SONIA R. CARVALHO City Attorney B Jonathan T.Martinez By: Paula Huntsman Assistant City Attorney Title: Owner RECOMMENDED FOR APPROVAL: ej Brian Sternberg Executive Director Library Services Page 9 of 9 EXHIBIT A SCOPE OF SERVICES VENDOR INFORMATION: Scooter's Italian Ice 1400 N. Kraemer Blvd. #1389 Placentia, CA 92871 Phone Number: (855) 337-2668 Email: paula@scooteritalianice.com EVENTS: Various City Events commencing with: • Dia de los Ninos,Dia de los Libros - Community Outreach Event (April 26, 2025) LOCATIONS: All Library facilities including,but not limited to, facilities listed below. • Main Library, 26 Civic Center Plaza, Santa Ana, CA 92701 • Newhope Library, 122 N. Newhope Street, Santa Ana, CA 92703 • Delhi Branch Library, 505 E. Central Ave.,Unit B, Santa Ana, CA 92707 TERM: Saturday, April 26, 2025—Tuesday, June 30, 2026 COMPENSATION: Not to exceed$12,000 for all City Events. DESCRIPTION: The vendor shall provide food truck services for the department's city-sponsored events, such as Dia de los Nin"o's, Dia de los Libros, also known as Dia. Dia events will take place on April 26, 2025, from 10:30 a.m, to 2:00 p.m. during the Dia de los Ninos, Dia de los Libros Community Outreach Event. Food items will be purchased for the library and will be free of charge to attendees. During the term of this Agreement,City shall contact Contractor, in writing to engage them for upcoming City events. Contractor shall provide the City an invoice or quote, in writing, detailing the requested services for an Event, including location, addition or removal of services, or costs. Event dates and quantities will be agreed upon, in writing,by both parties. The City will be responsible for setting up the space for the patrons attending and advertising the event. The vendor will be responsible for providing all equipment, materials, supplies, and personnel necessary to provide the service. The vendor is aware that payment is made after services are rendered, as noted in the agreement. City staff will be present at all times during the service. EXHIBIT B MENU OF SERVICES Exhibit B soft serve ice cream $6 italian ice vanilla - swirl - chocolate (6 flavors daily) . l . specialty items k blue raspberry alai bowl $9 cherry mini donuts $5/$8 chocolate Y gourmet donuts $8V Vj cotton candy churros $4/$7 V lemon gourmet churros $8 mango churro sundaes $6/$9 orange vanilla ina colada brownie sundaes $6/$9 p rainbow donut sundae $q �:.+ s'mores sundae $9 �= #A - root beer float gelati 9 sour apple $mangonada $9 .4 strawberry root beer float 7 4 tropi tie dye $ �� «: cal rainbow banana split $9 _ _ banana split churro iff` watermelon sundae $9 f sugar-free lemon �' strawberry pound cake gelati $q �. small $5 ice lemonade/ large $8 ice float $7. . orange creamsicle $7 water gatorade ki $2 $3 EXHIBIT C INVOICE#1164 Exhibit C Scooter's Italian Ice sent you an estimate We Very MUch appreciate, your consideration! Customer Jessica Heroandez Sama Ana Public Library jhernandez25�san.LLi.-ana.orn; 26 Civic Center Plaza Santa Ana, CA 92701 EgUmate #1164 FebruAry 5, 2025 Hide full:demils Chia de los Ninos Slor vi(,o, da w:ApO 26, 2025 Catering- ItAllan Ice $4,000.00 ($6.00 900 'Discount(30%) SUbtotal $2,800.00 Total $2t8O 0.00 Accept Scooter's Italian Ice (2025) unsigned Final Audit Report 2025-04-01 Created: 2025-04-01 By: Dylan Dario(ddario@santa-ana.org) Status: Signed Transaction ID: CBJCHBCAABAAuH1sMZUanvn H711aYGm1HZaakgsXU18 "Scooter's Italian Ice (2025) unsigned" History 'D Document created by Dylan Dario (ddario@santa-ana.org) 2025-04-01-4:32:04 PM GMT C'4 Document emailed to Brian Sternberg (bsternberg@santa-ana.org)for signature 2025-04-01 -4:32:10 PM GMT Email viewed by Brian Sternberg (bsternberg@santa-ana.org) 2025-04-01 -5:15:24 PM GMT bo Document e-signed by Brian Sternberg (bsternberg@santa-ana.org) Signature Date:2025-04-01 -5:16:05 PM GMT-Time Source:server �4 Document emailed to Paula Huntsman (paula@scooteritalianice.com)for signature 2025-04-01-5:16:08 PM GMT Email viewed by Paula Huntsman (paula@scooteritalianice.com) 2025-04-01-6:58:06 PM GMT d© Document e-signed by Paula Huntsman (paula@scooteritalianice.com) Signature Date:2025-04-01 -6:58:57 PM GMT-Time Source:server Agreement completed. 2025-04-01-6:58:57 PM GMT Q Adobe Acrobat Sign CERTIFICATE OF INSURANCE ENDORSEMENT SPECIAL EVENT LIABILITY GROUP INSURANCE TRUST,A RISK PURCHASING GROUP Certificate# 50965 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 3000 Executive Parkway,Suite 300 Civic Center Plaza,Santa Ana,CA 92701 San Ramon,CA 94583 PH:925 609 6547 FX:925 609 6550 specialeventic7r.hubinternational.com EVENT HOLDER-Named Insured:(if multiple,continued on EVENT INFORMATION next page) City of Santa Ana TYPE OF EVENT: Celebration 122 N.Newhope Street EVENT DATE(S): 4/26/2025 Santa Ana,CA 92703 EVENT LOCATION(S): Plaza of the Sun-20 Civic Center Plaza,Santa Ana,CA 92701 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 8 Advertising Injury $1,000,000 Products/Completed Operations Aggregate $2,000,000 A Commercial 103 GL 0021111 1/1/2025 1/1/2025 Damage to Premises Rented to General Liability You $1,000,000 Medical Payments $5,000 Liquor Liability Each Occurrence (Aggregate included In General nla Liability Aggregate) COVERAGE TERMS: APPROVED OigitallysignM By Tu T ran Nguyen at 4:08 pm,Apr 01,2025 Occurrence Form(CG 0001) Tu Tran by Tu Tran Nguyen Nguyen Date:zozs.aa.ot 16:08.47.07'00' 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— Second Page of Certificate Certificate# 60965 OTHER ADDITIONAL INSUREDS: 1 Hodsden Reynoso Media Group LLC DBA Con Todo Press,1669 S.Garth Ave.,Los Angeles,CA 90035 2 Lisa Clyde,4735 Kraft Ave,North Hollywood,CA 91602 3 Barts Karts,Inc.dba Barts Carts dbaThe Margarita Man,324 W.Florence Ave., Inglewood CA 90301 4 Michael Rayner,DBA Quirkable,5628 Troost Ave.,North Hollywood,CA 91601 6 Scooter's Italian Ice, 1400 N.Kraemer Blvd.#1389, Placentia,CA 92871 6 7 8 9 10 11 12 13 CANCELLATION: Should the above described policy(s)be canceled before the expiration date thereof,the issuing company will endeavor to mail 30 days written notice to the insured event holder and additional insureds listed. AUTHORIZED REPRESENTATIVE: �.r.r.^+ryy DATE ISSUED: 3/21/2025 Third Page of Certificate Certificate# 60965 SPECIFIC EVENT EXCLUSIONS The following types of events are specifically excluded and no coverage for them exists on the policies listed on the front page of this Certificate of Insurance: Aircraft I Aviation All Terrain Boarding Ballooning I Balloon Rides Base Jumping Bouldering Events Boxing,Wrestling Bungee Jumping Carnival Rides Circuses Concerts with single performances exceeding 6 hours of performance time Contact Karate 1 Martial Arts Contact Sports Diving Football(except passing camps with no contact drills) Hang Gliding Hockey Jousting Kayaking, Rafting or Canoeing in greater than Class 3 rapids Lacrosse 1 Rugby Mechanical Amusement Rides or Services and Gyroscope Rides Motorized Sporting Equipment Mosh Pits Mountain Biking Power Boat Racing Professional Sporting Activity; Games, Races,Contests of a professional nature Pyrotechnics 1 Explosives Rap or Heavy Metal Concerts Raves Rock Climbing, Climbing Wall Rodeo 1 Roping Events (includes practice) Scuba Diving Tractor/Truck Pulls Zip Line I Zip Lining SPECIAL EVENT LIABILITY GROUP INSURANCE TRUST DATE CERTIFICATE OF INSURANCE ENDORSEMENT 3/21/2025 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: SPECIAL EVENT INSURANCE DEPARTMENT CONTACT INFORMATION: HUB International Insurance Services Inc. PHONE 925 609 6547 FAX 925 609 6550 3000 Executive Parkway,Suite 300 EMAIL specialevent(c)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 122 N. Newhope Street Santa Ana,CA 92703 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 TYPE OF INSURANCE ENDORSEMENT COVERAGE EFFECTIVE! LIMITS LTR NUMBER EXPIRATION DATE A GENERAL LIABILITY EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY 50965 04/26/2025 DAMAGE TO RENTED PREMISES $1 DOO,000 (Ea occurrence) CLAIMS-MADE ❑X OCCURRENCE MED EXP(Any one person) $5,000 PERSONAL B ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 PRODUCTS-COMPlOPAGG $2,000,000 LIQUOR LIABILITY PER OCCURRENCE(AGGREGATE INCLUDED IN GENERAL n1a LIABILITY AGGREGATE) MASTER POLICY#103 GL 0021111 -EFFECTIVE DATE 1/1/2025; EXPIRATION 1/112026 DESCRIPTION OF OPERATIONS/LOCATIONS City of Santa Ana,its officers,officials,employees and volunteers,20 Civic Center Plaza,Santa Ana,CA 92701 islare 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: Celebration Event date(s): 4/26/2025 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 Attention: Ella Sepulveda AUTHORIZED REPRESENTATIVE 20 Civic Center Plaza M-75 Santa Ana,CA 92701. POLICY 4103 GL 0021111 COMMERCIAL GENERAL LIABILITY T5409-0118 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Named of Additional Insured Person(s)or Organization(s) City of Santa Ana, its officers,officials,employees and volunteers,20 Civic Center Plaza,Santa Ana,CA 92701 Information required to complete this Schedule,if not shown above,will be shown in the Declarations. Section 11-Who Is An Insured is amended to include as additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: A. In the performance of your ongoing operations;or B. In connection with your premises owned by or rented to you. T5409-0118 0 ISO Properties,Inc.,2004 Page 1 of 1 POLICY#103 GL 0021111 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, PRIMARY AND NON-CONTRIBUTING INSURANCE (Third-Party) This endorsement modifies insurance under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. Other Insurance, and all subparts thereof, as contained in the policy is deleted in its entirety and replaced with the following condition as respects the Third Party shown below: 4. Other Insurance a. With respect to the Third Party shown below, the insurance provided by this policy shall be primary and non-contributing insurance. Any and all other valid and collectible insurance available to such Third Party in respect of operations performed by you under written contractual agreements with said Third party for a loss covered by this policy, shall in no instance be considered as primary, co-insurance, or contributing insurance. Rather, any such other insurance shall be considered excess over and above the insurance provided by this policy. Third Party to whom this endorsement applies is: City of Santa Ana,its officers,officials,employees and volunteers 20 Civic Center Plaza,Santa Ana,CA 92701 Absence of a specifically named Third Party above means that the provisions of this endorsement apply as required by written contractual agreement with any Third Party for whom you are performing operations. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. T1095-0108 Includes Copyrighted material of ISO Properties,Inc.with its permission. Page 1 of 1 POLICY 4103 GL 0021111 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization to whom or to which you are obligated by virtue of a written contract to waive your right of recovery. The following is added to Paragraph 8.Transfer of Rights of Recovery Against Others to Us of Section IV—Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or"your work" done under a contact with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. CG 24 04 05 09 Contains material copyright,Insurance Services Office,Inc.,with its permission. Page 1 of 1 CITY OF SANTA ANA RISK MANAGEMENT a division of HUMAN RESOURCES Managing Risk through Awareness and Action Agreement to Indemnify, Hold Harmless and Defend Title of Event/Activity: DIA DE LOS NINOS Event Date: APRIL 26, 2025 Description of Event/Activity: SANTA ANA PUBLIC LI BRARY CELEBRATION Business or Organization Name: SCOOTER'S ITALIAN ICE Full Name of Authorized Representative of PAU LA HUNTSMAN Business/Organization: Title of Authorized Representative: OWNER On behalf of the above named Business or Organization, the undersigned represents that he/she/they has full authority to bind said Business or Organization. The undersigned further agrees, on behalf of the above named Business or Organization, to indemnify, defend and hold harmless the City of Santa Ana, its City Council, officers, officials, agents, volunteers and employees from and against all suits or actions and from any claims, loss, damage, liability, cost or expense, including reasonable attorney's fees, for personal injury, death, and property damage which may arise from the direct or indirect operations of the Business or Organization named above or it contractors, sub-contractors, agents, employees, volunteers, or other persons acting on their behalf while participating in the above titled Event/Activity. Digitally signed by Paula PAU LA HUNTSMAN Paula Huntsman Date:2025.04.0113:07:43 4/1/25 -07'00' Authorized Representative Signature of Authorized Representative Date of Business or Organization(Print Naine) of Business or Organization