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HomeMy WebLinkAboutCHRISTIANSEN AMUSEMENT, INC. (2)City of Santa 'a Clerk of the Council 1 A�rt TERMINATION FORM Please complete this form in its entirety when the attached project and FE all$ _ 6' amendments (if any) are no longer in effect. Nltl PN 4: ?2 t CITY OF SNTA ANA CLERK OF COUNCIL Is the project a permanent record? Yes No Return form to the Clerk of the Council Office (M-30) Call 647-1520 if you have any questions. The project with NA 0 SAA0d c,Ln "'1,L &UM'A-A-ShAQ,, No. N-2017-178 was completed on and final payment has been made. (List all amendments. Use space below N needed.) Department: WL6A Phone/Ext.: 14 al�Q Signature: Ah*,, 9 Date: a I� /30IA Revised: 08-14-17 KSURCIXE ON FILE WORK MAY PROCEED 82EWU tKSURIANCE EXPIRES �r.. AGREEMENT WITH CHffiSTIANSEN AMUSEMENTS, INC. LERK 4F COUKCtL "� FOR CARNIVAL EVENT PRODUCTION {FIESTAS 2417} O�IE, _ -1 e 201ri'HIS AGREEMENT is made and entered into this 2311, day of August, 2017 by and O; PRC8 ( / ) between Christiansen Amusements, Inc., a California corporation (hereinafter "Promoter"), and Silvia Cuevas the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City will be hosting its annual Fiestas Patrias event on September 16 and 17, 2017 ("Event") for the enjoyment of its community and residents. B. Promoter represents that Promoter is able and willing to provide carnival event production services to the City for the Event. C. In undertaking the performance of this Agreement, Promoter represents that it is knowledgeable in its field and that any services performed by Promoter under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional carnival operator in the field. NOW THEREFORE, in consideration of the mutual and respective promises set forth herein, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Promoter shall provide event production for the Event complete with the rides, games, ticket booths and sellers, food concessions, equipment and services as set forth in detail in Exhibit A, attached hereto and incorporated herein. The Event will include set-up prior to the start and clean-up following the conclusion. City grants Promoter the right to enter its property for the purpose of these services, including delivery, set-up, and pick -rip. Promoter is responsible for all equipment, clean-up services, security, electricity, carnival rides and games, vendor booths and insurance for the Event. Promoter 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 immusement ride oversight. 2. FEES For the right to produce the Event as set forth in Exhibit A, Promoter agrees to pay the City the sum of 25% of gross ride ticket sales for the Event, provided that the minimum amount due to the City under this Agreement shall be $17,500. Payment to the City shall occur within seven (7) days following Event. 3. TERM This Agreement shall commence on the date first written above and terminate on September 30, 2017, unless terminated earlier in accordance with this Agreement. 4. NON -POSSESSORY INTEREST City retains full possession of the its property and Promoter will not acquire any interest temporary, permanent, irrevocable, possessory or otherwise by reason of this Agreement, or by N-2017.178 the exercise of the permission given herein. Promoter will make no claim to any such interest. Any violation of this provision will immediately void and terminate this Agreement. 5. RECORD KEEPING AND AUDIT A. Promoter shall establish and maintain separate accounting records for the Event. Promoter's accounting system shall conform to generally -accepted accounting principles and all records shall provide a breakdown of total costs and revenues associated with the Event. B. All Promoter's records of revenues and repairs pertaining to the Event referenced herein shall be kept for three years and made available at all times for audit by City upon request. 6. INDEPENDENT CONTRACTOR Promoter 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 Promoter performs the services which are the subject matter of this Agreement; however, the services to be provided by Promoter shall be provided in a manner consistent with all applicable standards and regulations governing such services. Promoter 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. 7. INSURANCE Prior to undertaking performance of any work relative to the Event under this Agreement, Promoter shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: A. Commercial General Liability Insurance. Promoter and each of its operators and subcontractors shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of the operations or performance of this Agreement by Promoter, its operators or subcontractors, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the amount of $5,000,000 per occurrence. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. B. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Workers' Compensation Insurance. In accordance with the provisions of California State law, Promoter, if Promoter has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Promoter agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. D. The following requirements apply to the insurance to be provided by Promoter pursuant to this section: i. Promoter shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City; and shall state as follows: "The above detailed coverage is not subject to any deductible or self -insured retention, or any other form of similar type limitation. " iv. A complete and signed certificate of insurance with all endorsements required by this Section shall be filed with City upon execution of this Agreement. At least thirty (30) days prior to the expiration of any such policy, a signed and complete certification of insurance showing that coverage has been renewed, shall be filed with the City. v. The certificate of insurance shall include all endorsements necessary for the City to be additionally insured under Promoter's policy. E. If Promoter fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to terminate this Agreement. Promoter agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Promoter agrees to and shall protect, defend, indemnify and save and hold harmless the City, its officers, agents, employees, special counsel, and representatives from liability, loss, damage, expense or cost: (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 direct or indirect operations of the Promoter or its operators, contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in Section 1 and Exhibit A 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 Agreement or by reason of the terms of, or effects, arising from this Agreement. The Promoter further agrees to defend, 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. Promoter shall protect, defend, indemnify and save and hold harmless the City, its officers, officials, employees, and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation costs and fees of litigation of any nature) arising out of or in connection with Promoter's performance of this Agreement or any failure to comply with any of Promoter's obligations contained in this Agreement by Promoter, its officers, agents, employees or contractors. 9. HAZARDOUS MATERIALS Promoter represents and warrants that its Event production will not generate any hazardous substance, and Promoter will not store or dispose, nor transport any hazardous substance. Promoter further agrees to clean-up and remediate any hazardous substance from the Event production, and hold City harmless from and indemnify City against any release of any such hazardous substance and any damage, loss, or expense or liability resulting from such release including all attorneys' fees, costs and penalties incurred as a result thereof except any release caused by the negligence of City, its employees or agents. "Hazardous substance" shall be interpreted broadly to mean any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, or other similar term by any federal, state or local environmental law, regulation or rule presently in effect or promulgated in the fixture, as such laws, regulations or rules may be amended from time to time; and it shall be interpreted to include, but not be limited to, any substance which after release into the environment will or may reasonably be anticipated to cause sickness, death or disease. 10. NUISANCE Promoter shall not maintain, commit, or permit the maintenance or commission of any nuisance as defined in Section 3479 and/or Section 3480 of the California Civil Code, or the Santa Ana Municipal Code on the park or carnival areas; and Promoter shall not use or permit any unlawful purpose in the Event production. 11. PUBLIC NECESSITY City may immediately temporarily suspend operation of this Agreement and the Event production in the event of public necessity or emergency, as may be determined by the City Manager. Such suspension will terminate when the public necessity or emergency no longer exists. 12. LIENS Promoter will not permit any mechanics' or materialmens' or other liens to stand against the City by reason of any use or occupancy by Promoter, or any person claiming under Promoter. 13. TERMINATION This Agreement may be terminated by the City without cause upon ten (10) days written notice of termination. 14. DEFAULT BY PROMOTER Should Promoter default in the performance of any of the terms, conditions, or obligations contained in this Agreement, City may, in addition to the remedies specified elsewhere in this Agreement, terminate this Agreement and contract with another entity for production of any remaining Event(s). 15. INSOLVENCY OF PROMOTER The insolvency of Promoter as evidenced by a receiver being appointed to take possession of all or substantially all of the property of Promoter, or the malting of a general assignment for the benefit of creditors by Promoter, or the filing of a petition in bankruptcy, shall terminate this Agreement. 16. CUMULATIVE REMEDIES The remedies given to City in this Agreement shall not be exclusive, but shall be cumulative and in addition to all remedies now and hereafter allowed by law or elsewhere provided in this Agreement. 17. WAIVER OF BREACH The waiver by City of any breach by Promoter of any of the provisions of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach by Promoter either of the same or another provision of this Agreement. 18. CONFLICT OF INTEREST CLAUSE Promoter 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. 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, addressed to the party concerned as follows: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714-647-6956 Courtesy copies to: Executive Director of Parks, Recreation and Community Services City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, California 92702 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax 714-647-6515 To Promoter: Christiansen Amusements 1725 S. Escondido Blvd., Ste. E Escondido, CA 92025 Phone (760) 735-8542 Fax (760)735-8543 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. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. COMPLIANCE WITH LAWS Promoter shall obtain and maintain a permit(s) issued by the Division of Industrial Safety of the Department of Industrial Relations of the State of California for the operation of amusement rides. In addition, Promoter shall, at Promoter's own cost and expense, comply with all statutes, ordinances, regulations, and requirements of all governmental entities, including federal and state, county and municipal, relating to Promoter's obligations under this Agreement whether such statute, ordinances, regulations, and requirements be now in force or hereinafter enacted. The judgment of any court of competent jurisdiction, or the admission by Promoter in a proceeding brought against Promoter by any government entity, that Promoter has violated any such statute, ordinance, regulation, or requirement shall be conclusive as between City and Promoter and shall be considered grounds for termination of this Agreement by City. Promoter will obtain all permits and other governmental approvals, required in connection with Promoter's activities hereunder, and update such permits/approvals as necessary. 21. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Promoter 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, including Exhibit A, 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 Promoter. Each party to this Agreement aclmowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any parties, which are not embodied herein. 22. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Promoter, Promoter 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 operators retained by City. 23. NON-DISCRIMINATION Promoter 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 in connection with any activities under this Agreement. Promoter affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 24. 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. me 25. PROFESSIONAL LICENSES Promoter 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. Promoter 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 immediate termination of this Agreement. 26. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the termination, or expiration of this Agreement, shall so survive. 27. 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 fullset forth in the body of this Agreement. y IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: 7 MARIA D. HtTTIZARR Clerk of the Council APPROVED AS TO FORM; SONIA R. CARVALHO City Attorney By: f 4Jn unk Assistant City Attorney RECOMMEND /�APPROVAL: V V "t/ Gerardo net, Executive Director ti'ett Parks, Recreation & Community Services Agency CITE' OF SANTA A,YNy' VYINIHI,4"KURT Interim City Manager CHRISTIANSEN AMUSEMENTS By: Title: EXHIBIT A SCOPE OF WORD for 2017 Fiestas Patrias Event Christiansen Amusements PERMITS - PROMOTER shall secure all required permits for the carnival area no later than 30 days prior to the Event unless otherwise indicated, including but not limited to: a. Electrical permits for booths and rides. b. Tents and canopies larger than 10 feet by 10 feet as required by the CITY's Planning and Building Department. c. Health Department permits. d. Orange County Fire Authority permits including Fire Department approval for booths and rides that may block an entire street thereby eliminating the 20 foot clearance requirement shall be secured two weeks prior to each Event. e. PROMOTER will obtain approval of Parking Company of America for use of the lot at the northwest corner of Third and Bush St. f. CITY will assist in obtaining permits, available property and the approval of all street closure and properties for the carnival area of the Event layout as discussed and agreed for this year's site plan. II. CLEAN UP - PROMOTER will maintain continuous litter control during the entirety of the Event: a. Provide a professional cleaning crew to ensure that trash does not accumulate on streets and sidewalks at any time during Events. b. Impose adequate mitigation measures to ensure removal and disposal of grease from food and/or cooking booths if utilized, including but not limited to the use of grease barrels. c. Provide and pay for contractor approved by CITY to steam clean sidewalks in front of Lofts on Third Street and provide Loft owners 24 hour notice prior to such sidewalk steam cleaning. d. Empty and place a clean liner in all CITY sidewalk trash cans located in carnival area including 3rd and Bush parking lot, 3rd, Main, Bush and Spurgeon Streets. This is to be done throughout the duration of the 2-day festival and the Monday following the event before vacating carnival area. III. EQUIPMENT - PROMOTER shall provide all necessary equipment, resources and manpower to develop and produce the Event. a. Equipment shall include lighting for all vendor booths which is to be maintained and fully illuminated until all attendees have vacated the festival and carnival grounds each day. b. CITY will provide adequate portable restrooms in the carnival area from 8:00 a.m. Saturday morning (Event start time) through 10:00 p.m. Sunday (Event end time) and will maintain trash receptacles within portable restrooms only (if applicable); they shall be positioned and serviced so as to prevent noise and odor disturbances to Loft residents and downtown merchants. c. PROMO TER will provide trash cans for and clean the carnival midway areas each night and at the close of the Event. d. PROMOTER shall inspect all equipment prior to its use to ensure safety and repair on site as needed. IV. LOFTS - PROMOTER shall exercise caution and special measures to ensure minimal disruption to owners and tenants of the live -work lofts located on blocks bounded by Main Street, 3 a Street, Spurgeon Street and I't Street (the "Lofts"), including: a. Blocking off the sidewalks on 3`Street in front of Lofts with chain link fencing with screening to create a private walkway for loft residents. b. Assume responsibility for any damage done to the Lofts during the course of the Event, including assembly and disassembly. PROMOTER shall photograph the Lofts prior to each Event in order to document their condition prior to each Event and to identify whether or not damage occurred during each Event. c. Compensate Loft owners with pets who choose to board their pets from Friday through Monday. d. Compensate those Loft owners who choose to stay at a hotel on Saturday and Sunday, during the Event, at a maximum of $100/per day. e. PROMOTER shall schedule equipment set up and tear down, trash removal, and carry out other logistical activities in such a manner that will minimize late night noise and other disturbances and disruption to Loft residents. f. PROMOTER will cover expenses and comply with all carnival requirements related to the requests of the Santa Ana Lofts association as determined by the City of Santa Ana. V. QUIET HOURS. Specific to 3rd Street: There shall be designated quiet times with no construction set up or tear down as follows: Friday from 10:00 p.m. through Saturday 8:00 a.m., Saturday from 12:00 a.m. through Sunday 8:00 a.m., and Sunday from 10:00p.m. through Monday 8:00 a.m. PROMOTER shall ensure that quiet hours are strictly adhered to by all carnival employees and sub -contractors. VI. EVENT SET UP. The Event shall include a carnival as follows: a. PROMOTER must secure land use permit for carnival no later than two weeks prior to each event if the carnival will utilize private property for any reason. b. CITY will provide PROMOTER the following areas for carnival staging and/or setup: 1) Third Street from the east crosswalk of Sycamore to the drive entrance approximately 100 feet east of Spurgeon; 2) Main Street from 60 feet south of Fourth Street to north of First Street; 3) Bush Street from the crosswalk south of Fourth Street to south of Third Street; 4) Fiesta Meter parking lot at the corner of Third & Bush; and 5) Spurgeon from crosswalk at Third Street south, prior to the Lofts property. c. PROMOTER will work with CITY regarding street closures and property access as follows: Friday 9:00 a.m. load in and partial setup until 10:00 p.m. in Fiesta Meter Parking Lot; on Third Street from east of Bush Street plus Bush Street and Third Street, east of Main; Saturday Setup; a) at 8:00 a.m. on the Fiesta Meter Parking Lot; on Third Street from east of Main Street east to the drive east of Spurgeon; Bush Street from Fourth Street to south of Third Street; and Spurgeon south of Third Street and b) at 8:00 p.m.; Main Street from Fourth Street to south of Third Street and Third Street west of Main Street to Sycamore. PROMOTER agrees to have the above areas cleared/cleaned Monday by the following times; a) Main Street by 5:00 a.m. and b) Third, Bush & Spurgeon Streets & Fiesta Meter Parking Lot by 5:00 p.m. Times as agreed upon with the City of Santa Ana. Clear access must be maintained on Main Street between the properties located at 308 and 309 S. Main Street to ensure safe and clear street crossing between those properties. Final location for carnival rides and booths will be mutually agreed upon between the CITY and PROMOTER. d. CITY will assist PROMOTER with providing staging areas and access for PROMOTER's vehicles before, during and after the Event. e. PROMOTER shall be responsible for securing temporary storage locations for all carnival equipment needs and must secure approval from CITY of any outdoor off -site accommodations within CITY limits no later than two weeks prior to each Event. f. PROMOTER may not store equipment on CITY owned property or CITY right of way prior to the set up time, without prior CITY approval. Such approval must be requested no later than two weeks prior to each Event if needed. g. PROMOTER will not allow any employees to sleep overnight inside the Event boundaries. h. PROMOTER must supply restroom facilities for its staff during set up. i. Tall rides, exceeding 20 feet, may not be placed adjacent to residential units. j. PROMOTER may begin set up of rides at 9:00 a.m. Friday prior to each Event on all streets, except Main 6 Street. k. PROMOTER will set up one (1) food booth and food items are listed as follows: Assorted candy, candy/caramel apples, chips, churros, corn dogs, cup of soups, deep fried Twinkies/Oreos, hotdogs, cotton candy, funnel calves, nachos, peanuts, pickles, pizza, popcorn, drinks, water and coffee/hot tea/hot cocoa. 1. PROMOTER will set up one (1) ticket booth throughout the event space, along with providing ride tickets and ticket sellers for the Event. in. PROMOTER will set up nineteen (19) mechanical rides and are listed as follows: Cars, Cycles, Casino*, Crazy Plane, Elephants, Ferris Wheel, Go-Gator, Gravitron*, Hurricane*, Kamikaze*, Lady Bugs, Merry - Go -Round, Motor Cycle Jump, Bees*, Slime Time, Scooters*, Tilt -A -Whirl*, Umbrella Cars and Zipper. Those rides with an asterisk are considered Major Rides. PROMOTER will set up one (1) non -mechanical ride and it is listed as follows: Slide. PROMOTER will provide two (2) generators and are listed as follows: 570kw and 320kw n. PROMOTER will set up seventeen (17) game booths and are listed as follows: Balloon Dart, Balloon Dart, Mini Basketball, Mini Basketball, Ring Toss, Punk Rack, One Ball, BB Guns, Water Race, Batter Up, Kid Hi -Striker, Turtle Creek, Tubs of Fun, Buoy Pitch, Long Range Basketball, Glass Pitch and Ring -A -Duck. o. PROMOTER will provide the maximum quantity of rides and games possible according to the space allowed. All mechanical rides are to be State DOSH Certified. All rides will be of the same quality as in previous years. CITY will also provide similar vendor booths, entertainment, marketing and promotion of the event as in the past. VII. SECURITY. a. In order to operate the carnival on Friday the PROMOTER shall provide chain link fencing to secure the entrance to the carnival at Bush and Fourth (curb to curb) and at the entrance to the East End Promenade at Spurgeon. The fencing is to be in place by 7 p.m. Friday evening and may be removed when the carnival closes that night. b. PROMOTER shall provide one (1) State licensed uniformed security officer at each of the following locations commencing at 6 p.m. and continuing at least until 12:30 a.m. on Friday night: Bush and Fourth; Fourth and the north entrance to the East End Promenade; French and Third; Third and Bush; and Main and Third. The officers will follow the direction of the Police Officers assigned to the Event. c. PROMOTER shall provide two (2) state licensed uniformed guards in the carnival area overnight each day of the Event. Additional provisions for State licensed uniformed guards hired by PROMOTER: i. A minimum of 50% of the Security staff must be bilingual, English/Spanish speaking. ii. Security personnel must wear uniforms distinct from local law enforcement agency. iii. PROMOTER /Security Company shall ensure that all security guards are equipped with radios for internal communications and that the Security Supervisors are equipped with one radio each for communications with SAPD and CITY staff. iv. PROMOTER /Security Company shall ensure that there is one Security Supervisor on site at all times during the Event. v. The security staff shall take final direction and instruction from the CITY Police Department supervisor in charge of the event and will meet with the SAPD supervisor in charge and other staff as needed at the beginning of each day of the Event. vi. Security guards shall not carry weapons, batons, or tear gas. vii. Security guards shall report only to the Santa Ana Police Department Sgt. in charge of the event or the Recreation and Parks Department Supervisor. viii. Security staff shall contact Santa Ana Police for any criminal activity but may intervene for non- criminal activity such as illegal vendors, rile violations, crowd control, etc. ix. Security personnel shall assist with the following: 1. Ensuring that no vehicles park on streets within the carnival boundaries each day of the Event. 2. Preventing vehicles from stopping to drop off equipment. 10 3. Monitoring specific problem areas identified by Santa Ana Police Department. 4. Monitoring Lofts to ensure that no illegal activity is taking place. 5. Watching for gang members and other criminal activity. 6. Assisting Police Department with closing down the carnival nightly. 11 .ie DATE 00h'YVY) V E OF I 1ABI RY INSURANCE 04/I14ml12l2017 THIS Cl_'i"TIFICATF is iSSUED AS A NIATTCR OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOTAFFIRMATIVELY OR NEGATIVELY AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES I BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURF-R(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 Allied Specialty Insurance, Inc. CONTACT NAME: aC Nno.n• FAX N.):. 85 N.E. Loop 410, Suite 600 San Antonio, TX 78216 EMAIL ADDRESS: 210-341-1321 800-235-8774 INSURER(S) AFFORDING COVERAGE i NAIC4 INSURERA: T.H.E. Insurance Company 12866 INSURED Christiansen Amusements, Inc. INSURER B: INSURERC: and Southland Shows, Inc. INSURER o : INSURER E: Escondido, CA 92033 _ 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 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. INS— LTRI TYPE OF INSURANCE ADDL�SUBR',. POLICY EFF IN DWVD' POLICY NUMBER MMIDDIYVYV POLICY E%P MMIDDIYYYY LIMITS q )( I COMMERCIAL GENERAL LIABILITY _ ] CLAIMS -MADE � OCCUR CPP0100507-07 04/01/2017 0410112018I EACHOCCURRENCE _i $ 1,000,000 $ ORENTE 100,000 PREMISES Ea occurrence PREMISES MEO EXP (Any one person) iS PERSONAL &ADV INJURY IS 1,000,000 _._ GEN'L AGGREGATE LIMIT APPLIES PER: I�POLICY I J JECPROT LOC GENERAL AGGREGATE IS 10000,000 PRODUCTS-COMP/OP A00 5 1,000,000 S OTHER' AUTOMOBILE LIABILITY I COMBINED SINGLE LIMIT dent) 1 $ i BODILY IBODILV INJURY (Per person) $ I ANY AUTO i ~! OWNED SCHEDULED AUTOS ONLY -,_ AUTOS HIRED 1 NON -OWNED AUTOS ONLY - _ AUTOS ONLY it BODILY INJURY (Per accident). _ PROPERTY DAMAGE '� Per accident S $ A --- UMBRELLA LIAR I X OCCUR ELPGOIO135-07 I04I01/2017 04/01/2018'. EACH OCCURRENCE 54,000,000 X EXCESS LIAB CLAIMS MADEI ;AGGREGATE $ 4T0001000 DED RETENTION$ $ WORKERS COMPENSATION ANDEMPLOYERS' LIABILITY YIN ANYPROPRIETORIPARTNERIEXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? IN andatoryinNH) NIAI---- - ! PER '.OTH- _ ;STATUTE ER ! E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEEI$ $ If yes, describe under DESCRIPTION OF OPERATIONS below E. L. DISEASE -POLICY LIMIT$ I l I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) ° Additional Insured: City of Santa Ana Parks; Recreation and Community Services Agency are additional Insured with respects to tbna of the named insured. �r!\\�\aGu�d��� . CITY OF SANTA ANA PARKS, RECREATION AND COMMUNITY SERVICES AGENCY 26 CIVIC CENTER PLAZA SANTA ANA, CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD CERTIFICATE OF LIABILITYINSURANCE : i Ga4/12/Dom - 04/12I2017 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 COVERAGEAFFORDEDBY 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 Allied Specialty Insurance, Inc. NAMEpCT 85 N.E. Loop 410, Suite 600 PHONE San Antonio, TX 78216 EA/coo' E1`pp MAIL --_-- 210-341-1321 800-235-8774 nooREs$; INSURED - -- _ INSURERA: T.H.E. Insurance Company _ 12866 Christiansen Amusements, Inc. INSURERB__ _ and Southland Shows, Inc. INSURERC: P.O. Box 997 - --- -- - _- Escondido, CA 92033 INSURER D: INSURER E: INSURERF: ' COVFRnriFs rcor, r,rarr � - -- -- --- RC V IQKont rvuiviocm: THIS IS TO CERTIFY THAT THE POLICIES INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM UI CONDITION FOR THE POLICY PERIOD ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT CERTIFICATE MAY TO WHICH THIS ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED A D THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, O EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. -- N INSNN R' LTR ADOLsuaR TYPE OF INSURANCE 'WV POLICYNUMBER MMIDIO YEVYFY' MMIIOD� — LIMITS A X; COMMERCIAL GENERAL LIABILITY ll CPP0100507-07 04/01/2017 04/01/2018! EACH OCCURRENCE $ 1,000,000 J CLAIMS -MADE/ OCCUR - PREMISES rEa occurrence $ 100,000 IMED EXP (Any one person) $ r— J— — I I PERSONAL&ADVINJURV '$ 1000,000 GEN LAGGREGATE LRO-APPLIES PER: G AL AGGREGATE S 10000,000 POLICY I� 7 li .PRODUCTS-COMPIOP AGG $ 1,000,000 _— JECT LOD OTHER' $ .. AUTOMOBILE LIABILITY - COMINEDSINGLELI MIT $ (Ea accident)__ _ ---- INJURY (Per person) OWNED �- OWNED I SCHEDULED IeODILY ---- ._ AUTOS ONLY I AUTOS HIRED Imo- BODILV INJURV (Per accident) $ I AUTOS AUTOS ONLY . AUTOS ONLY —, PROPERTY DAMAGE I Per ecoidant _ I $$ A J UMBRELLA uaB X OCCUR i ELP0010135-07 '. 04/01/2017 04/01/2018 1EACH DOD RRENCE I $ 4,000,000 LX:EXCESS LIAB CLAIMS-MADEAGGREGATE —I - $ 4,000,000 DED RETENTION$ $ WORKERS COMPENSATION ! ANDEMPLOYERS'LIABILITY YIN - PER ORTH- !STATUTE � iE IANYPROPRIETORIPARTNER/EXECUTIVE OFFICER/MEMER EXCLUDE09 ❑,N/AI _.. !, - E1. EACH ACCIDENT IS (Mandatory In NH) If yes, tleso [be u,der - EL OISEASE_ EA EMPLOYEE! $ _ DESCRIPTION OF OPERATIONS below �— I E, L, DISEASE - POLICY LIMIT $ ILEB - DESCRIPTION OF OPERATIONS I LOCATIONS/ VEHIC AICOR 101 Addidonal Remar s ( k Schedule, me be attached if mores ace is e Y p r gmretl) pa Additional Insured: City of Santa Ana, its officers, agents, employees, representatives and volunteers; Fiesta De Carnival area al insy[e� ' h re cis to the negligence of the named insured. ��� !Eq RR CITY OF SANTA ANA, ITS OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES AND VOLUNTEERS, FIESTA DE CARNIVAL 20 CIVIC CENTER PLAZA SANTA ANA, CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE AUUKU ZD (2U16/03) 6ACORD The ACORD name and logo are registered marks of ACORD rinhla r... n 4 r':rrxfASy 6CERT�FICATE OF LIABILITY INSURANCE HATE IMMIDUIYYVY) 4/18/2017 THIS. CERTIFICATE IS 6SUED 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 INSURERS), 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 endorsements . PRODUCER Arthur J, Gallagher Risk Management Services, Inc. 777 108th Ave NE, #200 Bellevue WA 98004 CONTACT NAME: Bobby Walpole PHONE I FAX (AIG,1d%,I, 425-586-1006 Arc„N425-451-3716 - E-MAIL Bobby 01IRESs______ INSURERS) AFFORDING COVERAGE NAIC p_ INSURER A:American States Insurance Company D 19712 INSURED CHRIAMU-01 INSURER B: INSURERC: Christiansen Amusements, Inc. Escondido, CA92033-0997 INSURERD: INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 2063720831 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. INS.',, LTR TYPEOFINSURANCE POLICY EFF POLICY EXP _ INSOI WVDI POLICY NUMBER '.MMIDDIYYYY '.MMIDO/YYYY LIMITS COMMERCIAL GENERAL LIABILITY ­� --,- CLAIMS -MADE J OCCUR EACH OCCURRENCE _ I$ DAMAGE DAMAGE T��_ 1 PREMISES (Ea, occunencel ^ I$ 1 IIII MED EXP (Anyone person) $ J :PERSONAL &ADV INJURY I$ - GEN'L AGGREGATE LIMIT APPLIES PER PRO - 1 liJECT '__,I LOC : GENERAL AGGREGATE $ __ PRODUCTS-COMPIOPAGG $ HPOLICY OTHER: 101 14/1/2018 A AUTOMOBILE LIABILITY CI5624865-6 114/1/2o17 .COMBINED BINGL $ . (Ea accident _ _ 1,000_,000 X IANY AUTO - BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON,OVJNED X AUTOS ONLY X 1 ,_ 1 AUTOS ONLY a BODILY INJURY ci Peracdent $ ( ) PROPERTY DAMAGE 1 (Peraccident $ S UMBRELLA LIAR EXCESS LIAB OCCUR CLAIMS -MADE 11 �� .,�� I! EACIT"CCU RRENCE $ _ AGGREGATE $ DED RETENTION$ ____ WORKERS COMPENSATION I -AND VERS' LIABILITY YIN ' G� j, I PER OTT - - I E.L. EACH ACCIDENT $ PROPRIE nRIPARTNEMEXECUTIVE OFFICERIMEMBER EXCLUDED? ❑INIA (MandatoryIn NH) If yes des. be der DESCRIPTION OF OPERATIONS below ` _ V,(� \A,4.? i �� DISEASE - EA EMPLOYEE $ 1 E.L. DISEASE -POLICY LIMIT $ DESCRIPTION RIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORDI 101, Additional Remarks Schedule, may be attached if more space Is required) The City of Santa Ana, its officers, employees, agents and representatives and Fiesta de Carnival are included as additional insureds but only as respects the operation of the named Insured per policy terms and conditions per form CA7110 0307. IGP/4140 City of Santa Ana Attn: Robert Carroll 20 Civic Center Plaza Santa Ana CA 92701 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE @ 1988-2015 ACORD ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD •", RGr'RINTh.4F40ai TIIE FOFP.Ib ie.vYi1�Y" • ... - COMMERCIAL: AUTO CA 71 10 03 07 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. AUTO PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. EXTENDED CANCELLATION CONDITION Paragraph 2.b. of the CANCELLATION Common Policy Condition is replaced by the following: b. 60 days before the effective date of cancellation if we cancel for any other reason. TEMPORARY SUBSTITUTE AUTO — PHYSICAL DAMAGE COVERAGE Under paragraph C. — CERTAIN TRAILERS, MO- BILE EQUIPMENT AND TEMPORARY SUBSTITUTE AUTOS of SECTION 1 — COVERED AUTOS, the following is added: If Physical Damage coverage is provided by this Cov- erage Form, then you have coverage for: Any °auto" you do not own while used with the per- mission of its owner as a temporary substitute for a covered "auto" you own that is out of service be- cause of its breakdown, repair, servicing, "loss" or destruction. BROAD FORM NAMED INSURED SECTION II — LIABILITY COVERAGE — A.1. WHO IS AN INSURED provision is amended by the addition of the following: d. Any business entity newly acquired or formed by you during the policy period provided you own 50% or more of the business entity and the business entity is not separately insured for Business Auto Coverage. Coverage is extended up to a maximum of 160 days following acquisi- tion or formation of the business entity. Coverage under this provision Is afforded only until the and of the policy period. Includes copyrighted material of Insurance Services Office, Inc., with its Copyright, Insurance Services Office, Inc., 1997 BLANKET ADDITIONAL INSURED SECTION II — LIABILITY COVERAGE — A.1. WHO IS AN INSURED provision is amended by the addition of the following: e. Any person or organization for whom you are re- quired by an "insured contract" to provide insur- ance is an "insured", subject to the following additional provisions: (1) The 'Insured contract" must be in effect during the policy period shown in the Decla- rations, and must have been executed prior to the "bodily Injury" or "property damage". (2) This person or organization is an 'Insured" only to the extent you are liable due to your ongoing operations for that insured, whether the work Is performed by you or for you, and only to the extent you are held liable for an "accident" occurring while a covered "auto" Is being driven by you or one of your em- ployees. (3) There Is no coverage provided to this person or organization for "bodily Injury" to its em- ployees, nor for "property damage" to its property. (4) Coverage for this person or organization shall be limited to the extent of your negli- gence or fault according to the applicable principles of comparative negligence or fault. (5) The defense of any claim or "suit" must be tendered by this person or organization as soon as practicable to all other insurers which potentially provide insure for such claim or "suit". 3 AAd 75'( CA 71 10 03 07 Page 1 of 6 EP pfjd-_-1 will -I,A cxcr e.o r ; caverago an0lorlimits of this policy, or (b) v'he coverage and/or limits required by the 'insured contract". A ;7erson's or organization's status as an "in$Ured" under this subparagraph d ends whan your operations for that insured" are completed. EMPLOYEE AS INSURED Under Paragraph A. of Section 11 — LIABILITY COV- ERAGE item I. Is added as follows: Your "employee" while using his owned "auto", or an "auto" owned by a member of his or her household, in your business or your personal affairs, provided you do not own, hire or borrow that "auto". This coverage is excess to any other collectible insurance coverage. FELLOW EMPLOYEE COVERAGE Exclusion 5, FELLOW EMPLOYEE of SECTION II — LIABILITY COVERAGE — B. EXCLUSIONS is amended by the addition of the following: However, this exclusion does not apply if the `bodily injury" results from the use of a covered "auto" you own or hire, and provided that any coverage under this provision only applies in excess over any other collectible insurance. BLANKET WAIVER OF SUBROGATION We Waive the right of recovery we may have for pay. ments made for "bodily injury" or 'property damage" on behalf of the persons or organizations added as "Insureds" under Section II — LIABILITY COVERAGE — A.T.D. BROAD FORM NAMED INSURED and A.1.e. BLANKET ADDITIONAL INSURED. PHYSICAL DAMAGE — ADDITIONAL TRANS- PORTATION EXPENSE COVERAGE The first sentence of paragraph A.4. of SECTION III — PHYSICAL DAMAGE COVERAGE is amended as follows: We will pay up to $50 per day to a maximum of $1,50D for temporary transportation expense Incurred by you because of the total theft of a covered "auto" of the private passenger type. ,Rb � ...� Y7�f � -. ✓41 ' ..u.m A „r.:T? ,N M - i' t ' ,t D i AG E ':;OVER- AG'E, A s, CC V F ,AGE EX f E;SSICAi !S, is amended 4y adding the `o:knving: c. Personal EiCeot � coverage For any Owned ''auto:' that Is involved In a covered "loss" we will pay up to $500 for "personal effoot; I' that are, lost or damaged as a result of the covered "loss", without applying a deductible. EXTRA EXPENSE — BROADENED COVERAGE Paragraph A. — COVERAGE of SECTION III — PHYSICAL DAMAGE COVERAGE is amended to add: 5. We will pay for the expense of returning a stolen covered "auto" to you. AIRBAG COVERAGE Under paragraph B. — EXCLUSIONS of SECTION III — PHYSICAL DAMAGE COVERAGE, the following Is added: The exclusion relating to mechanical breakdown does not apply to the accidental discharge of an airbag. NEW VEHICLE REPLACEMENT COST Under Paragraph C — LIMIT OF INSURANCE of Section III — PHYSICAL DAMAGE COVERAGE sec- tion 2 is amended as follows: 2. An adjustment for depreciation and physical con- dition will be made in determining actual cash value in the event of a total loss. However, in the event of a total loss to your "new vehicle" to which this coverage applies, as shown in the declarations, we will pay at your option: a, The verifiable "new vehicle" purchase price you paid for your damaged vehicle, not in- cluding any Insurance or warranties pur- chased; Page 2 of 6 b. The purchase price, as negotiated by us, of a new vehicle of the same make, model and equipment, not including any furnishings, parts or equipment not Installed by the manufacturer or manufacturer's dealersIt If the same model is not available the purchase price of the most sFm''del available; �0 �- I \, o: The market Value ofy ttt:�(mrEdged VeE lcfa,ati tF:' µa Acivai cosh value of: the'itamag'ed-ar'otolen 'c not including any furnishings, parts or equip property as of the time oP't{i3 `9oss", less an mont not installed b� ttl(Irn�aufacturer o ""lip, adjustment for depreoia)innrand , pnysn§al,,., manufacturbeg dealership. -- - ,�^' condition; or This coverage applies only to a covered "auto' b, Balance due under the term"f the 4oan or of the private passenger, light truck ot'rTtedlufrl"' ' '" lease that the damaged covered "auto°' is truck type (20,000 Ibs or less gross, vahicle subject to at the time of the `lass loss any weight) and does not apply to initiaticn,dr sat. yp ,„, one or all of the following"adjustments: costs associated with loans or leases... (1) Overdue payment ''and financial, TWO OR MORE DEDUCTIBLES penalties associated with those payments as of the date of the Under SECTION III — PHYSICAL DAMAGE COV- "loss", ERAGE, if two or more "company" policies or cover- (2) Financial penalties Imposed under a aqe forms apply to the same accident, the following lease due to high mileage, exces applies to paragraph D, Deductible: sive use or abnormal wear and tear. a. If the applicable Business Auto deduct- ible is the smaller (or smallest) deduct- ible It will be waived; or b. If the applicable Business Auto deduct- ible is not the smaller (or smallest) de- ductible it will be reduced by the amount of the smaller (or smallest) deductible; or c. If the loss Involves two or more Busi- ness Auto coverage forms or policies the smaller (or smallest) deductible will be waived. For the purpose of this endorsement "company" means: a. Safeco Insurance Company of America b. American States Insurance Company c, General Insurance Company of America d, American Economy Insurance Company a, First National Insurance Company of America (3) Costs for extended warranties, Cre- dit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease. (4) Transfer or rollover balances from previous loans or leases. (5) Final payment due under a "Balloon Loan". (6) The dollar amount of any un-repaired damage that occurred prior to the total loss" of a covered "auto". (7) Security deposits not refunded by a lessor. (8) All refunds payable or paid to 'you as a result of the early termination of a lease agreement or any war- ranty or extended service agree- ment on a covered "auto", (9) Any amount representing taxes. (10) Loan or lease termination fees f, American States Insurance Company of Texas GLASS REPAIR — WAIVER OF DEDUCTIBLE g, American States Preferred Insurance Under paragraph D. — DEDUCTIBLE of SECTION III Company --- PHYSICAL DAMAGE COVERAGE, the following Is h. Safeco Insurance Company of Illinois added: LOANILEASE GAP COVERAGE Under paragraph C -- LIMIT OF INSURANCE of SECTION III — PHYSICAL DAMAGE COVERAGE, the following is added: 4. The most we will pay for a total "loss" In any one "accident" Is the greater of the following, subject to a $1,500 maximum limit: No deductible applies to glass damage If the glass Is repaired rather than replaced. AMENDED DUTIES IN THE EVENT OF ACCI- DENT, CLAIM, SUIT OR LOSS The requirement in LOSS CON 2, . DUTIES IN THE EVENT 0ENT„- C AIM SUIT OR LOSS — of SECTIffiitt IV AUTO CONDITIONS Ih t t 6 a you mu s no CA 71 10 03 07 Page a A 6 �Gjr�t r'EP C . ' ""' REPRIMEDFROM THE FORMS IMRARY­ .accident" applies only when the "accident" is known to: (1) You, If you are an individual; (2) A partner, if you are a partnership; or (3) An executive officer or Insurance manager, if you are a corporation. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV — BUSINESS AUTO CONDITIONS — B.2. is amended by the addition of the following: If you unintentionally fail to disclose any hazards ex- isting at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. HIRED AUTO — LIMITED WORLD WIDE COVER- AGE Under Section IV — Business Conditions, Paragraph B.7.b.e(1) Is replaced by the following; (1) The "accident" or "loss" results from the use of an "auto" hired for 30 days or )ess. RESULTANT MENTAL ANGUISH COVERAGE SECTION V — DEFINITIONS — C. is replaced by the following: "Bodily injury" means bodily Injury, sickness or dis- ease sustained by a person Including mental anguish or death resulting from any of these, HIRED AUTO PHYSICAL DAMAGE COVERAGE If hired "autos" are covered "autos" for Liability cov- erage and if Comprehensive, Specified Causes of Loss or Collision coverages are provided under this Coverage Form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire or borrow. The most we will pay for loss to any hired "auto" Is $50,000 or Actual Cash Value or Cost of Repair, whichever is smallest, minus a deductible. The de- ductible will be equal to the largest deductible appli- cable to any owned "auto" of the private passenger or light truck type for that coverage. Hired Auto Phy- sical Damage coverage is excess over any other col- lectible insurance. Subject to the above limit, deductible-andexcess provisions, we will provide-` coverage equal to the broadest coverage applicable to any covered "auto" you own. HIRED AUTO PHYSICAL DAMAGE COVERAGE — LOSS OF USE SECTION III — PHYSICAL DAMAGE AA.b. Form does not apply. Subject to a maximum of $1,000 per accident, we will cover loss of use of a hired "auto" if it results from an accident, you are legally liable and the lessor in- curs an actual financial loss. RENTAL REIMBURSEMENT COVERAGE A. We will pay for rental reimbursement expenses incurred by you for the rental of an "auto" be- cause of a covered "loss" to a covered "auto". Payment applies in addition to the otherwise ap- plicable amount of each coverage you have on a covered 'auto". No deductibles apply to this coverage. B. We will pay only for those expenses incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days: 1. The number of days reasonably required to repair or replace the covered "auto". If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered "auto" and return it to you. 2. 30 days. C. Our payment is limited to the lesser of the fol- lowing amounts: 1. Necessary and actual expenses incurred. 2. $50 per day. D. This coverage does not apply while there are spare or reserve "autos" avaifableto you for your operations. E. If °loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not al- ready provided for under the PHYSICAL DAM- AGE COVERAGE Coverage Extension. ��6��° F. The Rental Reimbursement Coverage-d�4lbed above does not apply to a covered�tA o" that is (� described or designated as a covered "auto" on Page 4 of l Rental Reimbursement CA 99 23, "' REPRIMCDFROAI THE FOWAO UGR Y"" Coverage Form AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE A. Coverage 1. We will pay with respect to a covered "auto" for "loss" to any electronic equipment that receives or transmits audio, visual or data signals and that is not designed solely for the reproduction of sound. This coverage applies only if the equipment is permanently Installed in the covered "auto" at the time of the "loss" or the equipment is removable from a housing unit which Is permanently Installed In the covered "auto" at the time of the "loss", and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, In or upon the covered "auto". 2. We will pay with respect to a covered "auto" for 'loss" to any accessories used with the electronic equipment described in paragraph A.I. above. However, this does not Include tapes, records or discs. 3. If Audio, Visual and Data Electronic Equip- ment Coverage form CA 99 00 or CA 99 94 is attached to this policy, then the Audio, Vi- sual and Data Electronic Equipment Cover- age described above does not apply. B. Exclusions The exclusions that apply to PHYSICAL DAM- AGE COVERAGE, except for the exclusion relat- ing to Audio, Visual and Data Electronic Equipment, also apply to this coverage. In addi- tion, the following exclusions apply: We will not pay for either any electronic equip- ment or accessories used with such electronic equipment that is: 1. Necessary for the normal operation of the covered "auto" for the monitoring of the covered "auto's" operating system; or 2. Both: a. an Integral part of the same unit housing any sound reproducing equipment de- signed solely for the reproduction of sound It the sound reproducing equipment Is permanently Installed in the covered "auto": and b. permanently installed in the opening of the dash or console normally used by the manufacturer for the installation of a radio. C. Limit of Insurance With respect to this coverage, the LIMIT OF IN- SURANCE provision of PHYSICAL DAMAGE COVERAGE is replaced by the following: 1. The most we will pay for "loss" to audio, vi- sual or data electronic equipment and any accessories used with this equipment as a result of any one "accident" is the lesser of; a. The actual cash value of the damaged or stolen property as of the time of the "loss'; or b. The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. c. $1,000. 2. An adjustment for depreciation and physical Condition will be made in determining actual cash value at the time of the "loss". 3. If a repair or replacement results in better than like kind or quality, we will not pay for the amount of the betterment. D. Deductible CA 71 10 03 01 Page 8 o1 6 1. if `loss" to the audio, visual or data elec- tronic equipment or accessories used with this equipment is the result of a `loss" to the covered "auto" under the Business Auto Coverage Form's Comprehensive or Colli- sion Coverage, then for each covered "auto" our obligation to pay for, repair, return or re- place damaged or stolen property will be re- duced by the applicable deductible shown in the Declarations. Any Comprehensive Cov- erage deductible shown in the Declarations does not apply to "loss" to audio, visual or data electronic equipment caused by fire or lightning. 2. If "loss" to the audio, visual or data elec- tronic equipment or accessories used with this equipment is the result of a "loss" to the covered "auto" under the Business Auto Coverage Form's Specified Causes of Loss Coverage, then for each covered "auto" our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a $100 deductible. 3. If "loss" occurs solely to the , !sual or data electronic equlpme1ti ces es' used with this equip"09 for a ered "auto" our obligation to pay for ' r Girl - 'gyp. � G��1�EP . ^" REPRINTED FROM THE FORMS JBRAY"" return or replace damaged or stolon property SECTION V -- DEFINITIONS is amended by adding will be reduced by a $100 deductible. the following: 4. In the event that there Is more than one ap- 0. 'Personal effects" means your tangible plicable deductible, only the highest deduct- property that Is worn or carried by you, ex- ible will apply. In no event will more than one cept for tools, jewelry, money, or securities, deductible apply. R. "New vehicle" means any °auto" of which you are the original owner and the "auto" has not been previously titled and Is less than 365 days past the purchase date. 0 Page 6 of 6 EXHIBIT B ADDITIONAL INSURED ENDORSEMENT, FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company T.H.E. Insurance This endorsement modifies such insurance as is afforded by the provisions of Policy # CPP0100507-06 relating to the following: 1. The Housing Authority for the City of Santa Ana (Agency), 20 Civic Center Plaza, Santa Ana, California 92701; their officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the Housing Authority for the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective 4/01/16 this endorsement form as a part of Policy# CP20100507-06 Issuedto Christiansen Amusements, Inc. and Southland Shows, Inc. Named Insured Countersigned by Authorized Re resentati�e SOUTSHO-02_JHERNANDE7— C CERTIFICATE OF LIABILITY INSURANCE DATE rMMAY 11.� L 097_ 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(i)s) must he 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 PRODUCER License# OB48084 NAME: ________ _ _ Wraith, Scarlett & Randolph Insurance Services, Inc. PNONE FAX _ ... _ P =_.,.1530) 662-9181 Iaec .,, IS= 662.6452 INSURED Southland Shows Inc & Christiansen Amusements Inc. Stacy Brown PO Box 997 Escondido, CA 92033 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 REQUI REM'ENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED eY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AL I. THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS41 _.... _. A3DL sdBFT. POLICY EFF POCKY EXP - _......__ .____.._. ..... .._._.._... _._. _....._ c ,.,mmnn r� ..... ..... ........�., ,..,.,......, ...,,....,,,.,.... UhitTS COMMERCIAL GENERAL LIABILITY —I -- ........i CLAIMS -MADE J ; OCCUR GEN'L AGGREGATE LIMIT APPLIES PER POLICY I JECOT II DOC AUTOMOBILE L.IABI{,ITV ANY AUTO ALI.. OWNED I -' SCHEDULED AUTOS AUTOS NON -OWNED HIRFO AU40S AUTOS UMBRELLA LIAR OCCUR EXCESS LIAa AND EMPLOYERS' LIABILITY YIN, A ANY PROPRIE] ORrPARTNER,EXECUTIVE ,--- OFFICERINIEMBER EXCLUDED' I II N I A 7 08/01/20171. 08101 EACH OCCURRENCE !S 8 AOV COMBINED SINGLE LIMIT Tip B Ea emldent BODILY INJURY (Per person; ! % BODILY INJURY (Per accident) T; PROPCRTVDAMAGC -.. 5 E.L. DESCRIPTION OF OPERA'nONs I LOCATIONS I VEHICLES (ACORD 101, Addl ienal Remarks Schedule, may by attached it morn space is req.f,.d) -vidence of Insurance related to all Southland Show & Christiansen Amusements events between 8/01117 - 8101118 �A SHOULD ANY OF THE ABOVE DEY IBED POLICIES BE CANCELLED BEFORE Cityof Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE wITH'rHE POLICY PROVISIONS. 20 Civic Center Plaza Santa Ana, CA 92701.405II ---- AUTHORIZED REPRESEN TAI'IVE i606-�r 1AIA OP 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 26 (2017104) The ACORD name and logo are registered marks of ACORD