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HomeMy WebLinkAboutPUMPKIN FACTORY, LLC, THE INSURAoiWE UV FILE WORK MAY PROCEED N-2U25-2�7 U14TIL INSURP%XF F,XPIRJS CI TY DATE:: RAUG 2 Q 2075 D a=7Rc�a ceR) AGREEMENT WITH THE PUMPKIN FACTORY, LLC TO PROVIDE CARNIVAL RoaoIR, " t02) EQUIPMENT, RIDES, AND SERVICES TO THE CITY OF SANTA ANA THIS AGREEMENT is made and entered into this 23rd day of July 2025, by and between The Pumpkin Factory, LLC, a California limited liability company ("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 obtain the services of a qualified contractor to provide carnival equipment, rides, and services for the City's upcoming 2025 Fiestas Patrias event on behalf of the City's Parks, Recreation, and Community Services Agency. B. Contractor represents that it is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firrn 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 provide event production for the City's 2025 Fiestas Patrias event complete with rides, games, ticket booths, equipment and services as set forth in the Scope of Services, attached as Exhibit A, as well as the Contractor's Price Sheet, attached as Exhibit B. All Exhibits are incorporated by reference as though completely set forth herein. This will include setup,tear down,and clean up prior to, during, and after the event. City grants Contractor the right to enter its property for the purpose of these services, including delivery, setup, and pick up. Contractor is responsible for all equipment, clean up services, overnight security, electricity, carnival rides and games, booths, and insurance for events. Contractor must cover parking for employees, subcontractors, and equipment vehicles before and after the event. Contractor shall comply with, coordinate, and obtain all approvals and certifications that are required by the Amusement Ride and Tramway Unit of the California Department of Industrial Relations or other government agencies responsible for amusement ride oversight. 2. COrNIPENSATION a. For the right to produce the event(s) set forth in Exhibit A, Contractor agrees to pay the City the sum of Twenty-Five Percent (25%) of gross ticket sales for the event(s). The ticket costs are provided for in Exhibit B. Page 1 of 9 b. Payment by Contractor to the City shall occur within seven (7) days following the event. 3. TERM This Agreement shall commence on July 23, 2025 and terminate on September 30, 2025, unless terminated earlier in accordance with Section 17, below. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, ct seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on"public works" and"maintenance"projects. If the services being performed are part of an applicable "public works" or"maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. 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 set vices, Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. 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 Page 2of9 the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require any 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. Minimum Scope and Limit of Insurance: • Commercial General Liability (CGL): Insurance Services Office Form CG 00 01covering 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. Required policy limits can be met with primary and umbrella/excess insurance policies. • Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than.$1,000,000 combined single limits. • Workers' Compensation: as required by the State of California,with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident, policy or employee, for bodily injury or disease. • Sexual Abuse or Molestation Liability(SAML): If the CGL policy referenced above is not endorsed to include affirmative coverage for sexual abuse or molestation, Permittee 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 Contractor maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions. The above required insurance policies are to contain or be endorsed to contain the following provisions: • City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Contractor's CGL, Professional Liability, and Automobile Liability policies, with respect to any liability arising out of work or operations performed by or on behalf of the Instructor including materials, parts, equipment, and personnel furnished in connection with such work or operations. • 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. Page 3 of 9 • 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. • 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. • Insurance policies 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 of premium. • Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention. (Name of Department Staff Responsible for Agreement), Address of Department Responsible for Agreement, M-XX, 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. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations,claim administration,and 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. 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. • 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. Verification of Coverage. Contractor 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 before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Contractor'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. Page 4 of 9 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. 8. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel,and representatives from liability: (1)for personal injury, damages,just compensation,restitution,judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution,judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor 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 of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent,trademark,or copyright contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in 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 Page 5of9 To Contractor: The Pumpkin Factory, LLC 32335 Live Oak Canyon Rd. Redland, CA 92373 Attn: Max Rosenberg, Owner A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four(24)hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Eachh 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. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services that are the subject to this Agreement performed by City personnel or by other contractors retained by City. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure,right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. Page 7 of 9 17. TERMINATION This Agreement may be terminated by the City upon thirty(30) days written notice of termination. In such event,Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case 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 that fails to meet the standard of performance specified in the Recitals of this Agreement. 18. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender,medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 19. JURISDICTION-VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California,shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 20. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder 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 8 of 9 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF S TA AN E ennifer a -Alvaro Nunez City C City Manager APPROVED AS TO FORM CONTRACTOR SONIA R. CARVALHO City Attorney By; hlav' rg Jul 24,202510:5241 POTI Jonathan T. Martin z By: Maxwell Rosenberg Assistant City Attorney Title: Member RECOMMENDED FOR APPROVAL Hawk Scott Executive Director Parks, Recreation, and Community Services Agency Page 9of9 EXHIBIT A Scope of Services CONTRACTOR INFORMATION:The Pumpkin Factory, LLC EVENT: Fiestas Patrias 2025 SERVICE DATE(S):July 1, 2025—September 30, 2025 COMPENSATION DUE TO THE CONTRACTOR:The City will collect 25%of the total ticket sales from the two-day event on the concluding night of the event. LIST OF GENERAL SERVICES: Contractor will provide carnival rides,game booths,and staff to manage the carnival area for the annual two-day Fiestas Patrias event.Actual rides and number of rides to be provided to the event is to be decided between Contractor and City staff. Below is a sample of rides to consider: Major Rides: • Ferris Wheels • Tilt a Whirl • Sizzler • Gravitron • Round Up Kiddie Rides: • Dinos • Fun House • Glass House • Super Slide • Berries • Lady Bugs • Wind Jammer Game Booths (at least 4) Ticket Booths (at least 2) Office Trailer Contractor is responsible for all carnival management/oversight including overnight security, carnival staffing, and cleaning services before and after the event. Contractor is also responsible to cover the cost of their own insurance coverage,sales tax, delivery/storage/transportation of equipment and parking* as well as all other required permits which may include Business tax, Building and Planning, OC Fire, and OC Health. It is the responsibility of the Contractor to work directly with these corresponding departments and agencies to ensure all safety regulations are met, necessary inspections are conducted and permits are issued. *Contractor must cover parking for employees, subcontractors, and equipment vehicles before and after the event.The City will only cover parking for employees and subcontractors during Friday Set up (9/12/25)and the event dates(9/13-9/14/25). EXHIBIT B PRICE SHEET umPW -a.e The Punipkin Factory , LLC Carnival Ride & Game Price Sheet It is a pleasure to be a part of this event, and we are very much looking forward to it. We are truly appreciative of the opportunity to bring the fun and excitement to the community! Ticket Pricing: Tickets are $1 each. Rides: • Ferris Wheel - 7 tickets • Slide-3 tickets • Dragon Wagon -7 tickets • Gravitron -7 tickets • Crazy Plane -6 tickets • Caterpillar Train - 5 tickets • Dinos-4 tickets • Pumpkin Spin -6 tickets • Barn Swing - 5 tickets • Corn Flyer-6 tickets Games: • Duck Pond -6 tickets • Ring Toss -6 tickets • Darts - 6 tickets • Goldfish -6 tickets • Splash Zone -6 tickets Note: Ride and game specifics„ including quantities, are subject to change. Feel free to reach out with any questions! Rind Regards, Max Rosenber- The Pumpkin Factory 0: info@thepumpkinfactory.com THEPUMP-01 HPHILLIPS CERTIFICATE OF LIABILITY INSURANCE OATE(M7129I2021202YYY) 5 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 NAME: Johnson,Kendall Sr Johnson,Inc. PHONE FAX 109 Pheasant Run (A/C,No,Ext):(215)968-4741 (Alc,Nol_(215)968-0973 Newtown,PA 18940 E-MAIL AD DRESS:info@jkj.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Accredited Surety and Casual Company,Inc. 26379 INSURED INSURER 8 The Pumpkin Factory,LLC INSURERC: 32335 Live Oak Canyon Rd INSURER D Redlands,CA 92373 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: 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 CONTRACTOR OTHER DOCUMENT WITH RESPECTTO 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 ADDLSUBRI POLICY NUMBER POLICY EFF POLICY EXP L N D'.WVD MMIDU MlDD I LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 6 CLAIMS-MADE Lxj OCCUR 1-RSL-CA-17-01538727-00 2/1/2026 2/112026 DAMAGETOEao RENTED 5 2,000,000 PREMISMED EXP(Ary one.person) 3 PERSONAL BADVINJURY 3 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 3 4,000,000 POLICY 7 PRO- F7 LOC 2,000,000 JECT PRODUCTS-COMPIOPAGG 3 OTHER: Sexual AbuseWolestation S $2,000,000f$4,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT a accident 3 ANY AUTO BODILY INJURY Perperson) S OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident S HIRED NON-OWNEO PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident S S UMBRELLA LIAB OCCUR EACH OCCURRENCE 3 _ EXCESS LIAB CLAIMS-MADE AGGREGATE 3 I ❑ED RETENTION 5 $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y 1 N STATUTE I ER ANY PROPRIETORIPARTNERIEXECUTIVE [:] E.L.EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? N I A (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) City of Santa Ana,Attention: Parks,Recreation,and Community Services Agency are named as an Additional Insured with respect to the operations of the Named Insured where required by written contract for General Liability.Waiver of Subrogation is included in favor of the certificate holder. Event Dates: TU Tran ogrrauysag�aeN T.Tr Nguyen 911 3-9114125 Nguyen °suae2o aa� APPROVED ey Tu Tran Nguyen at 2:SS Pm,Aug f3,2023 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana,Attention: Parks,Recreation,and THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Community Services Agency 20 Civic Center Plaza,CA 92701,M-23 Santa Ana,CA 92701 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) O 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACC)R" DATE(MMIDDIYYYYI �f CERTIFICATE OF LIABILITY INSURANCE 08/1312025 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 NAME:Pro ressive Commercial Lines Customer and A ent Servicin Progressive Insurance PHONE FAX PO Box 94739,Cleveland,OH 44101 (AIC,No,Ext:1-800-444-4487 AfC No E-MAIL ro ressivecommercal ernai{. ressive.com ro ADDRESS:p i 9 � p 9 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Progressive Express Insurance Company 10193 INSURED INSURER B:. The Pumpkin Corral LLC 1980 Olympia Fields Dr INSURER C r Corona,CA 92883 INSURER D: INSURER E: INSURER F. COVERAGES CERTIFICATE NUMBER: 967469281072377083D081325T171929 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BFEN 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 ADDL SUHR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MMIDDIYYYY) (MMIDDIYYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE CLAIMS-MADE OCCUR PREMISES Ea occurrence MED EXP(Any one person) PERSONAL&ADV INJURY GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE g PRO- POLICY JECT LOG PRODUCTS-COMPIOP AGG OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident) $1.000 000 ANY AUTO A OWNED SCHEDULED BODILY{N.1URY Per person) AUTOS ONLY X AUTOS Y Y 990636475 06I1612025 12116I2025 BODILY INJURY Per accident HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION H- AND EMPLOYERS`LIABILITY YIN ANYPROPRIETORIPARTNERIEXECUTIVE ❑ NIA E.L.EACH ACCIDENT $ OFFICE RIMEMBEREXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYE 9 yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ See ACORD 101 for additional coverage details. $ A Y Y 990636475 06116/2025 1211612025 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) APPROVED 8y 7u Trarr Nguyen at 2:55prn,Aug 13,2025 CERTIFICATE HOLDER CANCELLATION I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF SANTA ANA ACCORDANCE WITH THE POLICY PROVISIONS. 20 CIVICS CENTER PLAZA CA 92701,M-23 SANTA ANA,CA 92701 AUTHORIZED REPRESENTATIVE O 1988.2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LOC#: '`# ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Progressive Insurance The Pumpkin Corral LLC POLICY NUMBER 1980 Olympia Fields Dr 990636475 Corona,CA 92883 CARRIER NAIC CODE Progressive Express Insurance Company 10193 EPFECTIVE DATE:0 611 6/2 025 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Additional Coverages Insurance coverages. Limits ..suIr..............................................................Lim..................,....,......................................,................................................................. Un ins uredlUnderinsured Motorist $1,000,000 Combined Single Limit Description of Location/Vehicles/Special Items Scheduled autos only ..139750.................................................................................................................................... 2017 INTERNATIONAL PROSTAR 3HSDJAPRSHN ......... ............................................................................................................................................ 2030 Non-owned Attached Trailer .................................................................................. 2021 CHEVROLETSILVERADO 1GC5WLE79MF261416 Additional Information Certificate holder is listed as an Additional Insured and Waiver of Subrogation Holder. ACORD 101 (2008101) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD A� o7r25/20212a2 CERTIFICATE OF LIABILITY INSURANCE DATE[MYYY) 5 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 Christine Delgadlllo NAME: LaFrance and LaFrance,Inc. PHONE (818)761-8422 FAX (818)761-9085 AfC No Ext: A1C,Na: 5756 Lankershim Blvd, E-MAIL ADDRESS: nfo@lafranceandlafrance.com INSURER(SI AFFORDING COVERAGE NAIC# North Hollywood, CA 91601 INSURER A STATE COMPENSATION INS FUND INSURED INSURER B: THE PUMPKIN CORRAL LLC INSURER C: 341 BONNIE CIR INSURER D: INSURER E: CORONA CA 92880 INSURER F: COVERAGES CERTIFICATE NUMBER: CL256221262 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES-LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS - INSR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVO POLICYNUMBER MMIDD1YYYY MMIDDIYYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 11 DAMA ET RENTED CLAIMS-MADE OCCUR PREMISES Ea occurrence $ MED EXP(Any one person) S PERSONALS ADV INJURY $ GEN`LAGGREGI—A—T—ETLIMITAPPDESPER: GENERAL AGGREGATE S POLICY 1� PRO- JECT L00 PRODVCTS-COMPlOPAGG $ OTHER S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 5 Ea accident ANY AUTO BODILY INJURY(Per person) S OWNED F SCHEDULED BODILY INJURY(Per accident) AUTOS ONLY AUTOS dt) 5 HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident S UMBRELLA LIAR OCCUR EACH OCCURRENCE S EXCESS LIAR HCLAIMS-MADE AGGREGATE S DEO RETENTIONS S WORKERS COMPENSATION X PEATUTE ERH AND EMPLOYERS'LIABILITY Y r N RNY PROPRIETORIPARTNERIEXECUTIVE 1000000 AOFFICERIMEMBER EXCLUDED? ElN!A 9236568 08115I2024 0$I1512025 E_L-ERCH ACCIDENT S (Mandatory in Ni EL-DISEASE-EA EMPLOYEE S 1000000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1000000 DESCRIPTION OF OPERATIONS!LOCATIONS!VEHICLES tACORD 101,Additional Remarks Schedule,maybe attached if more space is required) [APPROVED CERTIFICATE HOLDER CANCELLATION By ru Trap Nguyen at 2:55 pm,Aug 13,W2, SHOULDANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Santa Ana,Parks and Recreation and ACCORDANCE WITH THE POLICY PROVISIONS. Community Services 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE Santa Ana CA 92701 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD pOGREJI/I/,IE, PROGRESSIVE 00AIA£RM41 PO BOX 94739 CLEVELANP,OH Policy number: 990636475 44101-8971 Underwritten by: Progressive Express Insurance Co. Insured: The Pumpkin Corral LLC Policy Period: Aug 13, 2025- Dec 16, 2025 Mailing Address Progressive Express Insurance Co The Pumpkin Corral LLC 1980 PO BOX 94739 Olympia Fields Dr Corona,CA 92883 CLEVELAND,ON 44101-8971 1-800-444-4487 For customer service,24 hours a day, 7 days week WAIVER OF SUBROGATION ENDORSEMENT This endorsement modifies insurance provided under the following: Commercial Auto Policy Motor Truck Cargo Legal Liability Coverage Endorsement Commercial General Liability Coverage Endorsement We agree to waive any and all subrogation claims against the person or organization designated below. Name of Person or Organization: CITY OF SANTA ANA it's city council officers, officials, employees, agents, and volunteers. 20 CIVICS CENTER PLAZA CA 92701, M-23 SANTA ANA, CA 92701 This endorsement applies to Policy Number: 990636475 Issued to: The Pumpkin Corral LLC Endorsement Effective: August 13, 2025 Expiration: December 16, 2025 All other terms, limits and provisions of this policy remain unchanged. Form 8610(02/19)M_CL PRacRFff1YF- COMM9ERCIAL Policy number: 990636475 Underwritten by: Progressive Express Insurance Co, Insured: The Pumpkin Corral LLC August 13,2025 Policy Period: 06/16/2025 — 12/16/2025 Mailing Address Progressive Express Insurance Co, Additional insured endorsement PO Sox94739 Cleveland,OH 44101 1-800-444-4487 Name of Person or Organization For customer service,24 hours a day, CITY OF SANTA ANA it's city council officers, officials, employees, 7 days a week agents, and volunteers, 20 CIVICS CENTER PLAZA CA 92701, M-23 SANTA ANA, CA 92701 The person or organization named above is an insured with respect to such liability coverage as is afforded by the policy, but this insurance applies to said insured only as a person liable for the conduct of another insured and then only to the extent of that liability.We also agree with you that insurance provided by this endorsement will be primary for any power unit specifically described on the Declarations Page. Limit of Liability Bodily Injury each person/ each accident Property Damage each accident Combined Liability $1,000,000 each accident All other terms, limits and provisions of this policy remain unchanged. This endorsement applies to Policy Number:990636415 Issued to(Name of Insured): The Pumpkin Corral LLC Effective date of endorsement: 08/13/2025 Policy expiration date: 12/16/2025 Form 1198(01/04) M CL POLICY NUMBER: 1-RSL,-CA-17-01538727-00 COMMERCIAL GENERAL LIABILITY CG 20 26 12 19 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 Name Of Additional Insured Person(s) Or Organization(s): City of Santa Ana, its City Council, officers, officials, employees, agents, and volunteers 20 Civic Center Plaza, CA 92701, M-23 Santa Ana, CA 92701 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance: with respect to liability for "bodily injury", "property If coverage provided to the additional insured is damage" or "personal and advertising injury" required by a contract or agreement, the most we caused, in whole or in part, by your acts or will pay on behalf of the additional insured is the omissions or the acts or omissions of those acting amount of insurance: on your behalf. 1. Required by the contract or agreement; or 1. In the performance of your ongoing operations; 2. Available under the applicable limits of or insurance; 2. In connection with your premises owned by or whichever is less. rented to you. This endorsement shall not increase the However: applicable limits of insurance. 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 26 12 19 ©Insurance Services Office, Inc., 2018 Page 1 of 1 POLICY NUMBER: 1-RSL-CA-17-01538727-00 COMMERCIAL GENERAL LIABILITY CG 24 04 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PROD UCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person(s)Or Organization(s): City of Santa Ana, its City Council, officers, officials, employees, agents, and volunteers 20 Civic Center Plaza, CA 92701, M-23 Santa Ana, CA 92701 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV--Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. CG 24 04 12 19 0 Insurance Services Office, Inc., 2018 Page 1 of 1