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HomeMy Public PortalAboutC-23-073 - FILIPINO COMMUNITY OF CARSON 2023 MAR 29SPECIAL EVENT PARTNERSHIP AGREEMENT BETWEEN THE CITY OF CARSON AND THE FILIPINO COMMUNITY OF CARSON THIS SPECIAL EVENT PARTNERSHIP AGREEMENT (herein “Agreement”) is made and entered into this 16th day of March, 2023, by and between the CITY OF CARSON, a California municipal corporation (“City”), and FILIPINO COMMUNITY OF CARSON, a California nonprofit corporation (“Partner”). City and Partner are sometimes hereinafter individually referred to as a “Party” and hereinafter collectively referred to as the “Parties.” RECITALS WHEREAS, Philippine Independence Day is celebrated annually on June 12 (the “Holiday’”); and WHEREAS, the City has in the past worked with Partner to stage events designed to celebrate the Holiday for the benefit of the City’s residents and visitors; and WHEREAS, for the 2023 Holiday, the City and Partner desire to work together for an in- person celebration of the Philippine Independence Day (the “Event”), on the terms and conditions set forth herein. NOW, THEREFORE, the Parties agree as follows: OPERATIVE PROVISIONS 1. Recitals. The foregoing recitals are true and correct, and the same are incorporated herein by this reference. 2. Purpose. The purpose of the Holiday is to commemorate the declaration of Philippine independence from Spain in 1898. The City has a significant Filipino population and has in past years worked with Partner to stage events and other activities designed to celebrate the Holiday in the City, not only for the benefit of its Filipino residents but also for all other City residents and visitors, as doing so advances the public welfare by promoting public knowledge, awareness, understanding, education, tolerance and togetherness, and benefits the community. 3. Parties’ Responsibilities. A. City. City will fulfill the following responsibilities in connection with the Event: i. The City’s Public Information Office (“PIO”) will make reasonable efforts to market or publicize the Event via the PIO’s usual measures/outlets, including on the City’s website, on City social media pages, via one or more Clear Channel billboard advertisements, and via posting or dissemination of flyers at City-owned facilities. However, the PIO shall not be solely responsible for marketing or publicizing the Event, and Partner may do so as well via its own means on the terms set forth in this Agreement. 01007.0001/713986.5 ii. City shall arrange and provide facility use of the Event on the City’s Veteran’s Park location on Saturday, June 10, 2023, from 7:30 a.m. to 6:00 p.m. PST. iii. City shall arrange and provide the mobile stage and necessary equipment for the stage and additional needs to support the Event. iv. City shall coordinate and lead general meetings leading up to the event. B. Partner. Partner shall provide the Event Services as set forth in Exhibit “A” (Partnership Addendum). 4. Term. Unless earlier terminated in accordance with Section 11, this Agreement shall continue in full force and effect until June 30, 2023. Notwithstanding the foregoing, certain provisions may survive termination or expiration of this Agreement where the context or express language of the provision so indicates. 5. Licenses, Permits, Fees and Assessments, Fee Waiver. Partner shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Event Services. City hereby waives the fees applicable to use or rental of City facilities for Partner to the extent Partner reasonably requires use of City facilities for the Event or Event Services, except as provided in Section 5.A of Exhibit “A” (Partnership Addendum), and provided that all such use of City facilities shall be subject to prior approval of the Contract Officer or designee. 6. Event Revenues. Event proceeds and Gift/Ad Revenues (as defined in Exhibit “A,” Partnership Addendum) for the Event shall be processed in accordance with the Partnership Addendum. 7. Not-to-Exceed Contract Sum. Notwithstanding any other provision of this Agreement, City’s total financial contribution and responsibility for the Event shall not exceed Thirty-Four Thousand One Hundred Ninety-Five Dollars ($34,195) under any circumstances absent a written amendment to this Agreement duly approved and executed by City (“Contract Sum”). 8. Records: Auditing. Partner shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to receipt, use and disbursement of the Contract Sum, Event proceeds, Gift/Ad Revenues, and funds used to perform the Event Services or for Event-related costs or expenses (the “books and records”), as necessary to enable the Contract Officer to evaluate the performance of such services and Partner’s compliance with this Agreement, and Partner shall keep such records for a period of three years following expiration or termination of this Agreement. The Contract Officer shall have full and free access to the books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from the books and records. 9. Time of Essence. Time is of the essence with respect to performance of the Event Services. 10. Force Majeure. The time period(s) specified in this Agreement for performance of the services rendered pursuant hereto shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Partner, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, 01007.0001/713986.5 epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if Partner shall within three (3) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the Parties. In no event shall Partner be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Partner’s sole remedy being extension of the Agreement pursuant to this Section. 11. Termination. A. Without Cause. City may terminate this Agreement at any time, without cause, upon fifteen (15) days’ written notice of termination to Partner. Partner may terminate this Agreement at any time, without cause, upon forty-five (45) days’ written notice of termination to City, provided that if Partner terminates this Agreement without cause, Partner shall not be entitled to compensation from City for Event Costs incurred or otherwise. If City terminates the Agreement without cause, Partner shall be entitled to compensation solely for Event Costs incurred prior to the effective date of termination, up to the Contract Sum and calculated in accordance with Exhibit “A” (Partnership Addendum), provided that Partner shall immediately cease Event Services upon receipt of the notice of termination except as otherwise authorized by the Contract Officer. B. With Cause. In the event that Partner is in default under the terms of this Agreement, City may give Partner notice of the default, which notice shall include the reasons for the default and the time period within which Partner may cure the default. This timeframe is presumptively seven (7) days, but may be modified by the Contract Officer if circumstances warrant. City shall hold all payments to Partner while Partner is in default and shall, when the default is cured, proceed with payment of Contract Sum funds in accordance with applicable provisions of the Agreement. If Partner fails to cure the default within the cure period set forth in the notice, City may terminate this Agreement immediately upon expiration of the cure period, in which case the City may take over the Event Services and prosecute the same to completion by contract or otherwise and shall have no obligation to compensate Partner for Event Costs incurred or otherwise. Any failure on the part of City to give notice of Partner’s default shall not be deemed to result in a waiver of City’s legal rights or any rights arising out of any provision of this Agreement. In the event City is in default under the terms of this Agreement, Partner may give notice of default to City, but the cure period shall be a minimum of fifteen (15) days, or longer if circumstances warrant. If this Agreement is terminated by Partner for cause pursuant to this subsection, Partner shall be entitled to compensation only for Event Costs incurred prior to the effective date of termination, not to exceed the Contract Sum. 12. Contract Officer of City. Michael Whittiker, Community Services Director, or such other person as may be designated by the City Manager, is hereby designated as being the representative authorized to act on City’s behalf with respect to this Agreement and all decisions in connection therewith (“Contract Officer”). 01007.0001/713986.5 13. Contract Representative of Partner. Elito Santarina, President, is hereby designated as being the representative of Partner authorized to act on its behalf with respect to this Agreement and all decisions in connection therewith. All personnel of Partner and any authorized agents shall be under the exclusive direction of the representative of Partner. Partner shall utilize only competent personnel to perform Event Services and related administrative/accounting/recordkeeping duties. Partner shall make every reasonable effort to maintain the stability and continuity of Partner’s personnel and subcontractors and shall keep City informed of any changes. 14. Prohibition Against Subcontracting or Assignment. Partner shall not contract with any entity to perform in whole or in part the Event Services without the express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void. 15. Independent Status. A. City and its agents and employees are, for all purposes, an independent party from Partner and shall not be deemed employees or agents of Partner. City and its agents and employees, in the performance of this Agreement, shall act in an independent capacity and not as officers, employees or agents of Partner. Neither Partner nor any of its employees shall have any control over the manner, mode or means by which City or any of its agents or employees perform the City’s responsibilities pursuant to this Agreement, except as otherwise set forth in this Agreement. Although Partner may be required by this Agreement to carry Worker's Compensation Insurance, in no event shall City or its employees or agents be entitled to unemployment or workers' compensation benefits from Partner. B. Partner is for all purposes an independent party from City, and neither Partner, nor any officer, employee or agent of Partner, shall be deemed an officer, employee or agent of City. Partner and its officers, employees and agents shall at all times act in an independent capacity and not as officers, employees or agents of City. Neither City nor any of its officers, employees or agents shall have any control over the manner, mode or means by which Partner or any of its agents or employees perform the services required of Partner pursuant to this Agreement, except as otherwise set forth in this Agreement. In no event shall Partner or any of its employees or agents be entitled to unemployment or workers' compensation benefits from City. 16. Insurance Coverages. Partner shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement, the following policies of insurance which shall cover all elected and appointed officers, employees and agents of City: A. Commercial General Liability Insurance. A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used, either the general 01007.0001/713986.5 aggregate limit shall apply separately to this Agreement, or the general aggregate limit shall be twice the occurrence limit. B. Worker’s Compensation Insurance. A policy of worker’s compensation insurance, in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for Partner against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by Partner in the course of carrying out the work or services contemplated in this Agreement. C. Automotive Insurance. A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than either (i) bodily injury liability limits of $100,000 per person and $300,000 per occurrence and property damage liability limits of $150,000 per occurrence or (ii) combined single limit liability of $1,000,000. Said policy shall include coverage for owned, non-owned, leased, hired cars, and any other automobile. D. Subcontractors. Partner shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 17. General Insurance Requirements. All of the above policies of insurance shall be primary insurance and shall name the City, its elected and appointed officers, employees and agents as additional insureds and any insurance maintained by City or its officers, employees or agents may apply in excess of, and not contribute with Partner’s insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers. The insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self-insured retention. All of said policies of insurance shall provide that said insurance may not be amended or cancelled by the insurer or any Party without providing thirty (30) days prior written notice by certified mail return receipt requested to the City. In the event any of said policies of insurance are cancelled, Partner shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section to the Contract Officer. No work or services under this Agreement shall commence until Partner has provided the City with Certificates of Insurance, additional insured and other required endorsement forms or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance, endorsements or binders are approved by the City. City reserves the right to inspect complete, certified copies of and endorsements to all required insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City. The insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the City’s Risk Manager or other designee of the City due to unique circumstances. 01007,0001/713986.5 18. 19, 20. 21. 22. 23. Indemnification. To the fullest extent permitted by law, Partner agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the services, operations or activities provided herein of Partner, its officers, employees, agents, subcontractors, volunteers, invitees, or any individual or entity for which Partner is legally liable (“indemnitors”), or arising from Partner’s or indemnitors’ reckless or willful misconduct, or arising from Partner’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, except claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions. The indemnity obligation shall be binding on successors and assigns of Partner and shall survive termination or expiration of this Agreement. Reports. Partner shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement or as the Contract Officer shall require. Ownership of Documents: Authorized Use. All studies, surveys, data, notes, computer files, reports, records, drawings, specifications, maps, designs, photographs, video recordings, documents and other materials, including the Event (the “documents and materials”) prepared by Partner in the performance of this Agreement shall be the property of the City and shall be delivered to the City upon request of the Contract Officer or upon the expiration or termination of this Agreement, and Partner shall have no claim for further employment or additional compensation as a result of the exercise by the City of its full rights of ownership, use, reuse, or assignment of the documents and materials hereunder. Moreover, with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.” Compliance with Law. Partner agrees to comply with all applicable federal, state and local laws and regulations and all applicable City policies, rules and regulations in connection with this Agreement and the Event. Governing Law. This Agreement shall be interpreted, construed and governed, both as to validity and performance of the Parties, in accordance with the laws of the State of Califomia. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California. Legal Action. In addition to any other rights or remedies, and except as otherwise provided in this Agreement, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 01007.0001/713986.5 24, Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly 25. 26. ais 28. declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party. Retention of Funds. Partner hereby authorizes City to deduct from any amount payable to Partner (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Partner’s acts or omissions in performing or failing to perform Event Services under this Agreement, except as otherwise provided herein. In the event that any claim is made by a third party, the amount or validity of which is disputed by Partner, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Partner to insure, indemnify, and protect City as elsewhere provided herein. Attorneys’ Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which any be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees, whether or not the matter proceeds to judgment. Non-Liability of City Officers and Employees. No officer or employee of the City shall be personally liable to Partner, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to Partner or to its successor, or for breach of any obligation of the terms of this Agreement. Notice. Any notice, demand, request, document, consent, approval, or communication either Party desires or is required to give pursuant to this Agreement shall be in writing and either served personally or sent by prepaid, first-class mail, addressed as follows: To City: City of Carson Attn.: Michael Whittiker, Director of Community Services 701 E. Carson Street Carson, CA 90745 (310) 830-7600 Email: MWhittiker@carsonca.gov To Partner: Filipino Community of Carson Elito Santarina, President 21133 Catskill Avenue Carson, CA 90745 (562) 480-1332 Email: myfrancisone@yahoo.com 01007.0001/713986.5 29. 30. 31. 32. 33. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered, in seventy- two (72) hours from the time of mailing if mailed as provided in this Section, or in one business day from the time of emailing if emailed as provided in this Section. Covenant Against Discrimination. Partner covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Partner shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class. Conflict of Interest. No official, officer or employee of Partner has or shall have any financial interest, direct or indirect, in this Agreement, nor shall any such official, officer or employee participate in any decision relating to this Agreement which affects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Representation and Warranty of Non-Collusion. Partner represents and warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. Partner further warrants and represents that it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result or consequence of obtaining any agreement. Partner is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect. . Partner’s Authorized Initials Jap Integration: Amendment. It is understood that there are’‘no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the Parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the Parties via a duly approved and executed instrument in writing. Waiver. Waiver by any Party of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default 01007.0001/713986.5 34. 35, 36. 37. shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. Severability. Any term or condition of this Agreement that is deemed invalid or unenforceable by a court of competent jurisdiction shall be severed from the remainder of this Agreement, and the remaining terms and conditions hereof shall nevertheless remain in full force and effect, and shall be construed so as to effectuate the intent of the Parties. Counterparts: Electronic Signatures. This Agreement may be executed in counterparts, each of which shall be deemed to be an original. All such counterparts shall constitute one and the same instrument. Authority. The persons executing this Agreement on behalf of the Parties warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other agreement to which said Party is bound. [Signatures on the following page] 01007.0001/713986.5 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first above written. PARTNER FILIPINO COMMUNITY OF CARSON, a Califo i ‘Name: Elito Santarina Title: President CITY CITY OF CARSON, a municipal corporation David Roberts, City Manager ATTEST: + Poadohaur Khaleah Bradshaw, City Clerk APPROVED AS TO FORM ALESHIRE & WYNDER, LLP —_ if aA Sunny K. Soltani, City Attorney [BRJ] Two corporate officer signatures required when Partner is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. PARTNER’S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO PARTNER’S BUSINESS ENTITY. 01007.0001/713986.5 EXHIBIT “A” PARTNERSHIP ADDENDUM - FILIPINO COMMUNITY OF CARSON 1. Partner Responsibilities. Partner shall provide the following services in connection with the Event (collectively, the “Event Services”): A. Prepare and deliver the Event to the City. Philippine Independence Day Celebration: i. Volunteerism — Assist with volunteers for the various event subcommittees ii. Ensure all donation monies and sponsorship monies are properly reported, documented, and directed to the City of Carson’s Treasury Department. All checks will be made to the City of Carson. “Event Costs,” for purposes of this Agreement, means and includes hard costs incurred by City in performing its responsibilities pursuant to Section 3 of the Agreement and by Partner in preparing and delivering the Event as set forth Section 1.A of this Partnership Addendum. “Event Costs” includes costs to purchase goods or materials and to pay approved subcontractors to perform Event Services, but does not include payment of salaries, wages, benefits, or related compensation to personnel of City or Partner for time spent related to putting on the Event. 2. Handling of Excess Revenues: Use of Funds for Event Purposes Only. A. Any excess Revenues not needed to cover Event Costs pursuant to Section 4 of this Partnership Addendum shall be first used to pay any soft or indirect costs or expenses of City incurred in connection with the Event, such as costs of devoting City staff or City Attorney time or resources to performing the City’s responsibilities under this Agreement or to administrative matters related to the Event (including time spent in approving or administering this Agreement and any similar or related agreements) and fees applicable to rental of City facilities that City has otherwise waived pursuant to Section 5 of the Agreement. B. The Contract Sum and all Revenues, and any Event proceeds (collectively, the “Event Funds”), shall be used solely for purposes of paying Event Costs pursuant to Section 4 of this Partnership Addendum and paying additional Event-related costs and expenses (or handled properly as excess funds) as provided in subsection (A) of this Section 5 (“Event Purposes”). All use, receipt, expenditure and disbursement of Event Funds, and all payment of Event Costs and Event-related costs and expenses, shall be subject to auditing and recordkeeping in accordance with Section 8 of the Agreement. In addition to the requirements of Section 8 of the Agreement, Partner shall provide City with documentation demonstrating and confirming, to the satisfaction of the Contract Officer, that the Event Funds have been used exclusively for Event Purposes in accordance with this subsection (B), which documentation may include, but is not limited to, invoices, timesheets, receipts, bank or credit card statements, and other relevant documentation as requested by the Contract Officer, and as necessary to enable the Contract Officer to confirm that no Event Funds have been retained by Partner as profit or used for other purposes. Upon City review/auditing of the documentation and ‘A-1 any follow up documentation that may be requested by the Contract Officer, if the City in its sole discretion determines that any Event Funds been used or retained by Partner for non-Event Purposes, the amount improperly used or retained shall be remitted to the City within thirty (30) days of the Contract Officer’s written request for proper handling in accordance with this Agreement. C. This Section 5 shall survive any expiration or termination of this Agreement. [remainder of this page intentionally left blank] ‘“A-2 ee bee CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY} 411712023 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. lf 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 hokier in lieu of such endorsement{(s). PRODUCER Gardena General Insurance COMPACT Tiffani Doerschel 1220 W Gardena Blvd [PHONE ext), 310-327-1000 LAG. No): Gardena CA 90247 EMAL .;. Doerschel.Adderly@GardenaGeneral.com INSURER(S) AFFORDING COVERAGE NAIC? nsurera: United States Liability Company INSURED = - Filipino Community Of Carson, Inc. INSURERB: 21133 Catskill Ave INSURER C: Carson Ca 90745 INSURER D: 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 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 AGOLISUER POLICY EFF | POLICY EXP CIR TYPE OF INSURANCE POLICY NUMBER L (HRUDDIVYYY). LiiTS A | o/ | comMERCIAL GENERAL LIABILITY ” $E1073190 06/10/2023 |06/12/2023 | EacH OCCURRENCE ¢ 1,000,000 DAMAGE TO RENTED | CLAIMS-MADE OCCUR PREMISES (Ea occurrence) _| $ 400,000 Lees MED EXP (Any one person) | $ 1,000 ___ PERSONAL &ADVINJURY | $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 3 2,000,000 ¥ | poucy FRO- Loc pRopucTs -comprop acc | 5 Excl Food/bev OTHER: 5 | I COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY (Ea accident) $ ANY AUTO BODILY INJURY (Per person) | $ | OWNED SCHEDULED ; |_| RuTos onty SeneD BODILY INJURY (Per accident)] $ HIRED NON-OWNED PROPERTY DAMAGE 3 AUTOS-ONLY AUTOS ONLY (Per accident) $ |_| UMBRELLA LIAB occUR [ I | EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED i | RETENTION § $ WORKERS COMPENSATION PER O- AND EMPLOYERS’ LIABILITY YIN LJ STATUTE ER ANYPROPRIETORIPARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBEREXCLUDED? NIA (Mandatory in NH) E.L, DISEASE- EA EMPLOYEE| $ if yes, describe under DESCRIPTION OF OPERATIONS below EL, DISEASE - POLICY LimiT | $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If mere space Is required) Those Usual to Insured's Operations City of Carson noted as additional insured. CERTIFICATE HOLDER CANCELLATION City of Carson 701 E Carson st. Carson, Ca. 90745 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 04/17/2023 ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD