HomeMy WebLinkAboutM.A.G.I.C. INC. ACADEMY OF THE ARTSINSURANCE ON FILE
WORK MAY PROCEED
UNTIL INSURANCE EXPIRES
II I let
CLERK OF COUNCIL
N-2019-186
DATE: SF 2 5 Z0 AR AND CULTURE ARTIST GRANT PROGRAM AGREEMENT BETWEEN
NCO) THE CITY OF SANTA ANA AND M.A.G.I.C. INC. ACADEMY OF THE ARTS
L�G This Artist Grant Agreement ("Agreement") is made and entered this 201" day of August, 2019, by
and between the City of Santa Ana, a charter City and municipal corporation organized and
existing under the Constitution and laws of the State of California ("City"), and M.A.G.I.C. INC.
Academy of the Arts ("Grantee") for the purpose of providing grant funding pursuant to the
Investing in the Artist Grant Program. City and Grantee may herein individually be referred to as
a "Party" and collectively be referred to as the "Parties" to the Agreement.
RECITALS:
A. On July 18, 2019, the Arts and Culture Commission reviewed all applicants and
recommended that Grantee be awarded an artist grant based on its Application for its
artwork ("Project"). A true and correct copy of Grantee's Application is attached hereto as
Exhibit A and incorporated herein by reference.
B. In undertaking the performance pursuant to this Agreement, Grantee represents that it is
skilled and knowledgeable in the arts and culture arena and that the Project created or
performed hereunder will be created or performed in compliance with such standards as may
reasonably be expected from an artist.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. Term. This Agreement shall be effective upon signature by both Parties and shall expire one
year from the date first written above, unless terminated earlier in accordance with this
Agreement.
2. Funding.
2.1. Subject to Grantee's performance of all required actions under this Agreement, City shall
provide funding, in two disbursements, as detailed below, of an amount not to exceed Seven
Thousand Dollars ($7,000.00) ("Grant Amount" or "Grant").
2.2. Grantee WHI be paid in two (2) installments. First payment will be one-half of the funding
amount provided above or $3,500.00 and will be provided within thirty (30) days of the full
execution of the Agreement by the parties along with a complete invoice submitted by Grantee.
The second and final payment will include the remaining amount of $3,500.00 and will be issued
within thirty (30) days after the Grantee submits to the City all the proper receipts, invoices and
final report for the Project.
2.3. Appropriate performance of the Grantee will be determined by City in its sole discretion. City
reserves the right to cease funding after the first disbursement detailed above, and to be
reimbursed the initial payment, if Grantee's performance is determined to be insufficient or
unacceptable in the City's sole discretion.
2.3. City represents that there is no correlation or connection between its selection of institutions
or organizations for grant awards and an institution or organization's business relationship or
potential business relationship with City.
3. Grant Activities. Grantee agrees:
I:rz:�vrta
3.1. To perform the activities described in the Grant Application and Timeline submitted to City
for consideration dated May 29, 2019, a copy of which is attached as Exhibit A and incorporated
into this Agreement as if set out in full.
3.2. To submit all reports (each, a "Report"), which shall include, at a minimum, the items set forth
as required by the Application. No personally identifiable information shall be included in any of
the Reports, except where specifically requested. The Reports shall be in a format that is
reasonably acceptable to City. City may request additional information as City, in its sole
discretion, determines is necessary to monitor performance of this Agreement. City shall have the
right to use any Reports submitted by Grantee, or any portion thereof, for any reason.
3.3. Grantee shall maintain all pertinent financial and accounting records pertaining to this
Agreement in accordance with generally accepted accounting principles and other procedures
reasonably specified by City. Upon termination or expiration of this Agreement or request by City,
Grantee shall provide, at its expense, copies of all financial and accounting records produced by
it arising out of this Agreement.
3.4. Grantee shall allow audits, compliance or special reviews and inspections, including on -site
inspection, with or without prior notice, of Grantee's facilities by City or by third parties designated
by City, or their authorized representatives. Grantee shall provide its full cooperation for any such
audit, review or inspection, including providing timely access, for examination and copying of
records (including computerized records) pertinent books, documents, papers, computer
programs and records and reasonable access to its personnel.
3.5. Grantee shall ensure that any areas utilized for the Project are maintained and restored to a
well -maintained, safe, sanitary, and clean condition, and kept free of any hazardous waste at all
times. All equipment associated with the installation of the artwork, trash and debris shall be
removed and cleaned up on a daily basis. Grantee shall place a drop cloth or similar barrier on
the ground below the artwork while installation is underway, which barrier shall be removed each
day upon completion of an installation session.
3.6. The Project may not contain advertising, religious art, sexual content, negative or violent
imagery, convey political partisanship or include any hidden, subliminal or camouflaged
messages or statements of any kind or nature. Appropriateness of the content of the Project will
be determined by City in its sole discretion.
3.7. The Project may not include any breach of intellectual property, trademarks, brands, or
images of illegal activity, and the Grantee must be the copyright holder for the Project.
4. Termination.
4.1. City may immediately terminate this Agreement upon one or more of the following:
4.1.1. Grantee's violation of any federal, state or local law or regulation.
4.1.2. Grantee's breach of any of the terms or conditions of this Agreement, including the
Application and Timeline, or any unapproved deviation from said documents that has not
been cured within 30 days of written notice of such breach.
4.2. In the event the Agreement is terminated under Section 4.1, City reserves the right to require
Grantee to refund any or all grant funds awarded to Grantee under this Agreement, and Grantee
agrees to refund to City any or all grant funds awarded under this Agreement.
#2659v2
5. Limitation of Liabilit
5.1. IN NO EVENT SHALL CITY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES OR EXPENSES FOR ANY NEGLIGENCE, BREACH OF
CONTRACT OR ANY OTHER ACT ARISING OUT OF OR RELATING TO THIS AGREEMENT
OR THE ACTIVITIES COVERED HEREUNDER.
5.2. Section 5 and Section 6 do not limit Grantee's rights, including its ability to seek recovery,
against anyone other than City, its directors, officers, employees, agents, successors and
assigns.
6. Indemnification.
6.1. Grantee shall defend, indemnify, protect and hold harmless the City, and its elected and
appointed officers, employees, members or agents from and against all claims for damages,
liability, cost and expense (including without limitation attorney's fees) arising out of or alleged by
third parties to be the result of the negligent acts, errors or omissions or the willful misconduct of
the Grantee, and Grantee's employees, subcontractors or other persons, agencies or firms for
whom Grantee is legally responsible in connection with the execution of the work covered by this
Agreement. Grantee shall have no duty to indemnify or hold harmless the City if claims, damages,
liability, costs, expenses (including without limitation, attorney's fees) arise from the sole
negligence or sole willful misconduct of the City subsequent to declaration by the Grantee.
Grantee's obligations shall survive the termination of this Agreement.
6.2. Grantee agrees to hereby fully release and forever discharge the City from any and all claims,
demands, damages, losses, and liabilities (hereinafter collectively referred to as "claims"), which
are or may be related to or in any way connected with the negligence or willful misconduct of its
officers, officials, employees, or agents in connection with the creation, painting, performance or
installation of the Project hereunder.
6.3. Grantee further agrees that City may in good faith and on reasonable terms settle any such
claims and that City's right to indemnification shall extend to any such settlement, provided City
has given notice of such claim and its intent to settle. City's right to indemnification is in addition
to, and may be exercised independently of, any remedy held by City under this Agreement, at law
or in equity. The indemnity provision set forth in this Agreement shall survive the termination or
expiration of this Agreement indefinitely.
7. Insurance
7.1 Prior to undertaking performance of work under this Agreement, Consultant shall maintain
and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
Commercial General Liability Insurance. Consultant shall maintain commercial
general liability insurance naming the City, its officers, employees, agents,
volunteers and representatives as additional insured(s) and 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 Consultant's operations in the performance of this
Agreement, 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
#2659v2
damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the
aggregate. Such insurance shall (a) name the City, its officers, employees, agents,
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. Worker's Compensation Insurance. In accordance with the provisions of Section
3700 of the Labor Code, Consultant, if Consultant 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, Consultant 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 Consultant
pursuant to this section:
i. Consultant 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 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.
iv. Where the amounts or coverage provided by the certificates of insurance
provides coverage greater than those listed by this Agreement, the
amounts provided by the certificates of insurance shall be incorporated by
reference into the Agreement.
V. Consultant shall supply City with a fully executed additional insured
endorsement.
e. If Consultant 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 forthwith terminate this Agreement. Such termination shall not affect
Consultant's right to be paid for its time and materials expended prior to notification
of termination. Consultant waives the right to receive compensation and agrees
to indemnify the City for any work performed prior to approval of insurance by the
City.
8. General Provisions.
8.1. Grantee shall acquire prior written permission from City for any use of the City name or logo
in association with its Project.
8.2. If any parts of this Agreement are held to be invalid or unenforceable, the remaining parts of
the Agreement shall continue to be valid and enforceable.
#2659v2
8.3. Grantee shall comply with all governmental requirements that may now or in the future
become applicable to its activities under this Agreement.
8.4. This Agreement, including Exhibit A, Application, and any amendments or schedules hereto,
contain the full understanding and agreement of the Parties with respect to its subject matter, and
no waiver, alteration or modification of any of the provisions to this Agreement shall be binding
unless in writing and signed by an authorized officer of both Parties.
8.5. No waiver by either Party or any breach, default, or series of breaches or defaults, and no
failure, refusal, or neglect of either Party to exercise any right, power, or option given to it under
this Agreement or to insist upon strict compliance with the terms of this Agreement shall constitute
a waiver of these provisions with respect to any subsequent breach or waiver by either Party or
its right at any time thereafter to require exact and strict compliance with provisions of this
Agreement.
8.6. Any notice or other communication required or permitted to be made or given by either Party
pursuant to this Agreement will be in writing and will be deemed to have been duly given: (1) five
(5) business days after the date of mailing if sent by registered or certified U.S. mail, postage
prepaid, with return receipt requested; (ii) when transmitted if sent by facsimile, provided a
confirmation of transmission is produced by the sending machine; or (iii) when delivered if
delivered personally or sent by express courier service. All notices to City shall include a reference
to the Project title.
All notices will be sent to the other Party at its address as set forth below or at such other address
as such Party will have specified in a notice given in accordance with this section:
Grantee: #I "C ;4e, ldcrcd d -A, Pn /s-
?ego vua b cs la _ o "r
a
City: City of Santa Ana
Clerk of the Council (M-30)
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, CA 92702
FAX (714) 647-6956
8.7. This Agreement is subject to all applicable local, State and Federal laws. 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.
8.8. Grantee agrees to comply with all applicable equal opportunity and affirmative action laws as
appropriate, Grantee 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
#2659v2
employment related activities. Grantee affirms that it is an equal opportunity employer (if
applicable) and shall comply with all applicable federal, state and local laws and regulations.
8.9. Any funds provided under this Agreement that are not expended, obligated or otherwise
committed by the termination or expiration of this Agreement shall be immediately returned to
City.
8.10. Grantee grants to City a non-exclusive, irrevocable, transferable, royalty free, worldwide
license to use, reproduce, display, distribute, and prepare derivative works, in any form or media
at the discretion of the City for the Project conceived, performed or created as a result of this
Agreement.
8.11. Grantee and any of the Grantee's agents, employees or representatives are, for all purposes
under this Agreement, an independent contractor and shall not be deemed to be an employee of
the City, and none of them shall be entitled to any benefits to which City employees are entitled
including but not limited to, overtime, retirement benefits, work's compensation benefits, injury
leave or other leave benefits.
8.12. Neither Party shall assign any rights or obligations under this Agreement.
8.13. Each Party 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.
8.14. Each Party warrants that they have executed this Agreement knowingly, freely and
voluntarily and with full knowledge of its legal consequences. All parties involved warrant and
represent that, prior to executing this Agreement, each Party has had the opportunity to review
and consider this matter with legal counsel, and that the terms of this Agreement, and its
consequences, are fully understood by each Party.
8.15. This Agreement represents the entire agreement and understanding between the parties,
and supersedes any and all prior agreements and understandings between the parties, whether
oral or written.
8.16. Each undersigned represents and warrants that its signature herein below has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and
shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or
damages to City in the event that such authority or power is not, in fact, held by the signatory or
is withdrawn.
#2659v2
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
AsY
�(
-12 Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
im
Attorney
RECOMMENDED FOR APPROVAL:
STEVEN A. MENDOZA
Executive Director
Community Development Agency
#2659v2
CITY OF SANTA ANA
RI TINE RIDGE %
City Manager
GRANTEE:
6N e:
Title: r E O
a m es SiA-P 17- 4----
EXHIBIT A
INVESTING IN THE ARTS GRANT PROGRAM
APPLICATION
#2659v2
Line Item Budget
"Input your information directly onto this form (2 pages) and upload onto Submittable.com.
PERSONNEL
Description of Personnel
(contracted instructors, lecturer honorarium,
artist stipend, etc.)
Total Compensation
Grant
Funds
Requested
Host —Travis Lane
200.
Yes
Headline Musical Artist— Derek Bordeaux
500.
Yes
Musical Artist Group - Song
600.
Yes
Musical Artist Group - Azucar Latin Dance Band
550.
Yes
Art Instructor— Carmella Vaughn & Arthur Harris Jr.
400.
Yes
EQUIPMENT, MATERIALS, AND SUPPLIES
Item
(equipment, materials, supplies)
Quantity
Unit
Cost
Total
Cost
Grant
Funds
Requested
Sound System
1
1,700.
Yes
Stage
1
1,250.
Yes
Street Barricades
50.
Yes
Generator
1
400.
Yes
Kids Land
1
2,992.
Yes
Awards
4
200.
Yes
Art Supplies
400.
Yes
Canopies, Table & Chairs
700.
Yes
SPECIAL EVENTS
Description
(permits, fees, facility rental for project,
Total Cost
Grant Funds
marketing)
Requested
City Fees
125.
Yes
Printing Marketing
800.
Yes
Web Site
200.
Yes
City of Santa Ana, Community Development Agency
20 Civic Center Plaza, M-25, Santa Ana, CA 92701 (714) 647-5360
Line Item Budget — Page 2 1
Enter budget categories and projected expenditures for the proposed oroeram:
Category
Expenditures
Funded By
Santa Ana GrantBudget
Total ProgramBudget
Total
Organization
Administrative Staff Salaries and
Benefits
(de'd
0
Contractual/Professional
Services/Stipends
2,250.
Equipment, Material, Supplies
7,B92.
Special Events Production
1,125.
TOTAL
11,067.
PROGRAM REVENUE
LIST ALL OTHER PROGRAM RESOURCES
"Funding Source" total must equal "Total Program BudEet" listed above
FUNDING SOURCE
AMOUNT
Santa Ana Artist Grant
7,000.
Juan Villegas Mayor Pro Tern
1,000.
Organization & Corporation
1,367.
Church Sponsor
900.
Individual Contribution
800.
TOTAL PROGRAM BUDGET
11,067.
City of Santa Ana, Community Development Agency
20 Civic Center Plaza, M-25, Santa Ana, CA 92701 (714) 647-5360
Project Timeline
SANTA ANA FAMILY DAY - COMMUNITY BLOCK FESTIVAL
February 2019
Staff and Board of Directors meeting
Goals and Objectives for
Event
March- September
Event committee meetings
June- August 2019
Volunteer musical artists
Artists confirm availability
August 22 -31 2019
Headliner Musical Artist
Artist signed contract
August 22 -31 2019
Local Musical Artists
Artist signed contract
June -August 2019
Visual Artist Exhibit
Recruit from Santa Ana churches
Identify art to be displayed
Recruit from Santa Ana Senior Center
Identify art to be displayed
Recruit from Community Organizations
Identify art to be displayed
August 2019
Reserve Tents, tables and chairs
Service Agreement
August 2019
Reserve stage and sound system
Service Agreement
August 22- September
Recruit senior artists to work in Art Pavilion
Stipend Agreement
20
May -September 2019
Outreach
Reach out to previous sponsors. Appeal for
Obtain funding from a
additional Sponsors via personal contact, letter
minimum of 3 corporate or
and
business sponsors
Facebook - Event page created and will be
Attendees
added to according to schedule. Facebook Ads
will be placed each week in September 2019
SparkOC - Event will be listed
Attendees
Posters, flyers and event cards
Attendees
September 28, 2019
Santa Ana Family Day • Community Block
Unity in Santa Ana's
Festival
Diverse Community
October 2019
Post Event wrap up meeting
Summarize event
November 2019
Complete documentation and financials
publish Event Final Report
CERTIFICATE OF LIABILITY INSURANCE DATE(MMrDD/YYY11
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.12019 IS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
REPRESENTATIVE O
BELOW. THIS CERTIFICATE INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESER PRODUCEE R, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certigcate holder is en ADDITIONAL INSURED, the policy{les) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, Certain policies may this certificate does not Confer rights to the certificate holder in ill nr III...w....__.__.._, require an endorsement. A statement on
PRODUCER
East Main Street Insurance Services, Inc.
Will Maddux
PO Box 1298
Grass Valley
INSURED
M.A.G.I.C. INC.
James Stapleton clo Anita Harvey
700. W. 3RD ST
THIS IS TO CERTIFY THAT THE POLICIEI
INDICATED. NOTWITHSTANDING ANY R:
CERTIFICATE MAY BE ISSUED OR MAY
EXCLUSIONS AND CONDITIONS OF SUCH
CA 95945
CA
Insurance
35378
NT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT OLICY WHICH PERIODWHICHTHE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CLAIMS -MADE X OCCUR i EACH OCCURRENCE g 1,
737ANVI
Host Liquor Liability PREMISES (Eacmurrerm) g V
A Retail Liquor Liability Y Y 3DS5466-M2704118 MED ExP (An ore pemon) s 5,
09/28/2Q19 Q9/29/2019 PERSONAL& ADV INJURY It 1,
OEN'L AGGREGATE LIMIT APPLIES PER 12:01 AM 12:01 AM t
IJl POLICY 0 �a r LOC I GENERALrgGGgEOpTE - s 2,i
OTHER: l PRODUCTS-COMP/OPAGG It I,I
AUTOMOBILE LIABILITY j j Deductible 's 1,1
I M INEO SIN LE LIMIT
MY ALTO I fEa eccitla0I 8—
OWNED SCHEDULED BODILY INJURY (Per pareon) I $
AUTOS ONLY AUTOS �`�----r—.
1 HIRED NON-0WNED BODILY INJURY(Peracddant), $
_ AUTOS ONLY AUTOS ONLY 1 ?ROPEROAMAGES—
UMBRELLAUAB .00CUR is
EXCESS LIAR EACH OCCURRENCE
„J�l CLAIMS•MADE� - S
_
DED ! 1 RETENTIONS AGGREGATE
WORKERS COMPENSATION -g
AND EMPLOYERS' DABILITV Y/N .'' PER
ANYPROPRIETOR/PARTNER/EXECUTIVE `. �aTATUTE IOTH—
OFflCE�In NH EXCLUDED9 �N/A STATUTE
ACCIDENT _ g
(Mande �{�_
Ir ySCRIP ION,radar E.L. DISEASE -EA EMPLOYEEIfs
DESCRIPTION OF OPERATIONS below '
i I
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101, Additional Remark. Schedule, may be."rhed It more Space is required)
Iertificate holder listed below is named as additional insured per attached MEGL 2217 01 19,
ltiendance: 200, Event Type: Block Party.
Vaiver of Subrogation applies per attached CG 24 04 05 09.
'dmary/Non-Contributory wording applies per attached CG 20 0104 13.
:ity of Santa Ana, officers, agents, employees, and volunteers are named as additionally insured on this policy pursuant to written Contract, agreement, or
lemorandum of understanding
REVIEWED & APPROVED
City of Santa Ana `W
Risk Management
20 Civic Center Plaza, 4th floor
Santa Ana
19 2019
M. LAMBERT
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
ACORD 25 2016/03 G r aoo-�M 1a AL"LiKu wHPURATION. All rights reserved.
) The ACORD name and logo are registered marks of ACORD
d COMMERCIAL GENERAL LIABILITY
POLICY NUMBER: 3DS5468-M2704116
EVANSTON INSURANCE COMPANY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - DESIGNATED
PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
Name Of Additional Insured Person(s) Or Organization(s):
City of Santa Ana, officers, agents, employees, and volunteers.
A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown
in the Schedule of this endorsement, but only with respect to liability for "bodily injury", "property damage" or "personal
and advertising injury" caused, in whole or in part, by the acts or omissions of any insured listed under Paragraph 1. or
2, of Section II — Who Is An Insured:
1. In the performance of your ongoing operations; or
2. in connection with your premises owned by or rented to you.
However:
1. The Insurance afforded to such additional insured only applies to the extent permitted bylaw; and
2. If coverage provided to the additional insured is required by a contractor agreement, the insurance afforded to such
additional insured will not be broader than that which you are required by the contract or agreement to provide for
such additional insured.
B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of
Insurance:
If coverage provided to the additional Insured is required by a contract or agreement, the most we will pay on behalf of
the additional insured is the amount of insurance:
1. Required by the contractor agreement; or
2. Available under the applicable Limits of Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations.
All other terms and
MEGL 2217 01 19
changed.
copyrighted material of Insurance Services Office, Inc., Page 1 of 1
with its permission.
POLICY NUMBER: 3DS5468-M2704116
COMMERCIAL GENERAL LIABILITY
CG 24 04 05 08
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV — Conditions:
We waive any right of recovery we may have against
the person or organization shown In the Schedule
above because of payments we make for injury or
damage arising out of your ongoing operations or
Your work" done under a contract with that person
or organization and included in the "products -
completed operations hazard". This waiver applies
only to the person or organization shown in the
Schedule above.
CG 24 04 05 09
O Insurance Services Office, Inc., 2008
Page 1 of 1
POLICY NUMBER: 3DS5468-M2704116
COMMERCIAL GENERAL LIABILITY
CG 20 01 0413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the Other Insurance
Condition and supersedes any provision to the
contrary:
Primary And Noncontributory Insurance
This insurance isprimaryto and will not seek
contribution from any other insurance available
to an additional insured under your policy
provided that:
(1) The additional insured is a Named Insured
under such other insurance; and
CG 20 01 0413
(2) You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution
from any other Insurance available to the
additional insured.
O Insurance Services Office, Inc., 2012
Page 1 of 1
91
Evanston Insurance Company
COMMON POLICY DECLARATIONS
Promotion, Event and Prize Purchasing Group
POLICY NUMBER: 3DS5468-M2704116
Named Insured and Mailing Address:
M.A.i3.I.C. INC. James Stapleton c/o Anita Harvey 700. W. 3RD ST, Santa Ana, CA 92701
Policy Period: rrom 09/28/19 to 09/29/19 at 12:01 A.M. Standard Time at your mailing address (shown above).
IN RETURN FORTHE PAYMENT OF THE PREADUM, AND SUBJECT TO ALL
THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO .PROVIDE THE
INSURANCE AS STATED IN THIS POLICY.
COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS
LIMITS OF INSURANCE
General Aggregate Limit (other titan Products/Completed Operations)
$ 2,000,000
Products/Completed Operations Aggregate Limit
$ 1,000,000
Personal and. Adve.rtising Injury Limit
$ 1,000,000
Each Occurence Limit
$ 1.000,000
Damage to Premises Rented to You Limit
$ 100,000
Medical Expense Limit
Any One Promises
$ 5,000
Any One Persmt
These declarations, together with the Common Policy Conditions and Coverage Forms) and any
Enclorsement(s), complete the above numbered nolicv.
FORMS AND ENDORSEMENTS
SEE FORMS SCHEDULE A9'DIL 1001
rrociucor Number, Name and Mailing Address
East Main Street Insurance Services, Inc.
Will Maddox
PO Box 1298
Grass Valley, CA 95945
Premium: $240,00
Surplus Tax: $7•20
Stamping Pee: $0.48
Countersigned: 09/12/ 19 By:
AiDIL 7000 OS 17 1�f�e
1 ate AUTHORIZED REPRESENTATIVE
Page 1 of 1
0
M.A.G.I.C. INC.
ACADEMY OF THE ARTS
September 3, 2019
To: Arts and Culture Department
Re: Automobile Liability
Event/Project: Santa Ana 5a' Annual Community Block Festival
Date of event: September 28, 2019
To Whom It May Concern,
700 W. 3" St. Suite B-309
Santa Ana, CA. 92701
714-514-2322
WwW.magicinc.co
Magic. inc19@yahoo.com
M.A.G.I.C. INC. will not be using a vehicle for the project. All activities related to the artist grant will take
place onsite at the location of our project.
If you have further questions, please
REVII
Sincerely,
Janw Slap&ton
James Stapleton, CEO
not hesitate to contact me.
=D & APPROVED
IANAGEMENT DIVISION
9 2019
M. LAMBERT
MAXIMIZING ARTISTIC GROG FH IN THE COMMUNITY