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HomeMy WebLinkAboutFRIDA CINEMA, THEINSURANCE ON FILE WORK MAY PROCEED IJNTILINSUR CEEXPIRES \ N-2019-189 CLERK Or COUNCIL DATE: gEp 2 9(n►Iq evA t,O3 6 aR AND CULTURE ARTIST THE CITY OF SAN A GRANT AND THE FRIDA CINEMA BETWEEN Trw^ �ti This Artist Grant Agreement ("Agreement") is made and entered this 201h 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 The Frida Cinema ("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 Six Thousand, One Hundred Dollars ($6,100.00) ("Grant Amount" or "Grant"). 2.2. Grantee will be paid in two (2) installments. First payment will be one-half of the funding amount provided above or $3,050.00 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 $3,050.00 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: 3.1. To perform the activities described in the Grant Application and Timeline submitted to City for consideration dated May 31, 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. 2 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 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. 0 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. 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: (i) 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 �\e- Fr i dA G•n.cr'rr 2j05 C. 1414, S�-. -j4loo t"+., Ara. CO 17, 1 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 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 Partv 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: /DAIIESY GOMEZ Clerk of the Council APPROVED AS TO FORM: SONIA.R. CARVALHO CITY OF SANTA ANA KRISTINE RIDGE City Manager GRANTEE: OD4 I GE Name: Attorney Title:��� RECOMMENDED FOR APPROVAL: S VEN A. MENpqZk Executive Direc r Community Dev ment Agency EXHIBIT A INVESTING IN THE ARTS GRANT PROGRAM APPLICATION The Frida Cinema — Investing in the Artist Grant Proposal, 2019 Lane Item Budget: "KTFC" PERSONNEL Description of Personnel (contracted instructors, lecturer honorarium, artist stipend, etc.) Total Compensation Grant Funds Requested Podcast Trainer/Board Operator, at $25/hr at 24 hours $600 $600 Contractor Labor - A/V Room Construction in Auditorium $650 $650 Production/talent stipend to partner groups ($100 per) $400 $400 EQUIPMENT, MATERIALS, AND SUPPLIES Item Unit Total Grant (equipment, materials, supplies) Quantity Cost Cost Funds Requested Materials for AN Room construction 1 1 $850 $850 Apple iMac (podcast/production room) 1 1 $1,900 $1,900 Stage lighting and control/interface 1 1 $3,200 $3,200 Enter budget categories and projected expenditures for the proposed program: Expenditures Total Expenditures Funded By Total Program Organization Category Funded By Other Sources Budget Budget Santa Ana Grant (Including in- kind) Administrative Staff Salaries and eer volunt $i,i30 $1,200 across four events (already on Benefits ],ours, i(volunt payroll budget, support not sought.) Contractual/Professional Services/Stipends $1,650 $1,650 Equipment, Material, Supplies $5,950 $5,950 Special Events Production S p venuebeing $3 provided - ,071!tt o e mMarketing existing markefing PROGRAM REVENUE LIST ALL OTHER PROGRAM RESOURCES "Funding Source" total must equal "Total Program Budget' listed above. FUNDING SOURCE AMOUNT Santa Ana Artist Grant $6,100 Funds from Wintemute Family Foundation Grant* $1,500 * (unrestricted grant) TOTAL PROGRAM BUDGET $7,600 The Frida Cinema — Investing in the Artist Grant Proposal, 2019 Project Time Line: "KTFC" )ATE I ACTION �u `19 Each organization will be invited to g select representatives to attend two private, :hrough two-hour sessions with Jonathan Young, Dec ' 19 our podcast studio technician, in our podcast recording studio. These sessions will cover tonics mcludma identifvina fan `19 :hrough kpril ' 19 podcast software; structuring a podcast episode; sound effects editing; best techniques for voice recording; incorporating video to provide a visual element to a podcast; editing a recorded episode; layering audio; uploading podcasts to the internet; best practices for sharing and promoting one's podcast; and other inherent lessons and principles. Then each organization will have a third two-hour session where their first official podcast "episode" is recorded and edited. Over the course of four months, with one organization presenting per rnonth, our partnering organizations will host their events at The Frida. Prospective order: OCCTAC (January), Queer Traffic Februaryy) Breath of Fire (March), and anio Writers (April). Specific dates TB OUTCOME This experience will not only yield the podcast episode itself, but a valuable experience in an increasingly ubiqquitous communicative and iarketing tool that is being utilized across a spectrum of businesses and topics in telling stories, sharing perspectives, and marketing brands. These events will provide our partners a platform to share not only the impact of their organization's missions and efforts, but of their new venture into podcast and audio content recording. This will serve not only as an opportunity for our community to be introduced to these organizations, but as creative meaia content Tor their own brands, missions, and initiatives. The Frida Cinema — Investing in the Artist Grant Proposal, 2019 Project Time Line: "KTFC" DATE I ACTION I OUTCOME Each organization will be invited to select representatives to attend two private, two-hour sessions with Jonathan Young, September our podcast studio technician, in our 2019 podcast recording studio. These sessions will cover topics including identifying December podcast software; structuring a podcast 2019 episode; sound effects editing; best techniques for voice recording; incorporating video to provide a visual element to a podcast; editing a recorded episode; layering audio; uploading podcasts to the internet; best practices for sharing and promoting one's podcast and other inherent lessons and principles. Then each organization will have a third two-hour session where their first official odcast "episode" is recorded and edited January 2020 May 2020 Over the course of four months, with one argan.zation presenting per month, our partnering organizations will host their events at The Frida. Prospective order; OCCTAC (January), Queer Traffic (February), Breath of Fire (March), and Barrio Writers (April). Specific dates TB This experience will not only yield the podcast episode itself, but a valnable experience inan increasingly ubiqquitous communicative and in - eting tool that is being utilized across a spectrum of businesses and topics in telling stories, sharing perspectives, and marketing brands. These events will provide our partners a platform to share not only the impact of their organization's missions and efforts, but of thew new venture into podcast and audio content recording. This will serve not only as an opportunityfor our community to be introducetothese organizations, but as missions, and initiatives. PATE 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, IMPiJRTANT: if the certificate holder Is an -ADDITIONAL INSURED, tho IJailI y of must bo endorsed. If SUBROGATION IS WAIVED,. subJect to the terms and conditions of the policy, certain policies may rsquire an endorsement, A statement on this carEiflazte dons not center rights to the cortifleate holder In lieu of such endoreomnn9fmt. KEIR JONES STATE FARM StateFarm 5150 E COLORADO ST LONG BEACH CA 90814 INSURED THC FRH]A EINIORK 305 E 4TH ST STE 100 SANTA ANA CA 92701 THIS IS TO CERTIFY THAT THE POLICIE INDICATED, NOTWITHSTANDING ANY RE CERTIFICATE MAY BE ISSUED OR MAY EXCLUSIONS AND CONDITIONS OF SUCH TYPE OF INSURANCE COMMERCIAL GENERAL LIABILITY CLAIMS�MADE N OCCUR General Insurance ""'w�"k REVISION NUM JCE LISTED BELCW HAVE BEEN ISSUED TO THE INSURED NAMCD ABOVI TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH E INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUE ITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 92•E6�S498•8 112JOB12018 ���D N777L.AGGREGATE LIMIT APPLIES PER; I GENERALAGGI OLICY ❑ PRO- t�y i JECT �J LOC PRObUGT9=G( aTtaen; AU70MOSILE LIABILITY _...,_T '� ON13INEII e Nt +k+SAlon.11.:..-. ANYAUTO BODILY INJURY ALL OWNED SCHEDULED AU7GS AUTOS I90DILY INJURY m,� HIRED AUTOS 1 AUTOSNON-OWNED 1 PRQE"kitTY O& .a.. _...,,.. UMBRELLA LIAR I RE OCCUR '[ EXCESS LIA6 CLAIM&Voir By »..�.,f......I.._..� a 25170 ' TO WHICH THIS ALL THE TERMS, USED RIPTION OF OPERATIONS !LOCATIONS 7WHO LE3 (ACORD 101, Additional ttumnrks Bohodulo, mny bo atlaohotl If mao epona le rpqulmd) City of Santa Ana Is named ns additionally Insured on ails policy pursuant to written contract, agreement, or memorandum of understanding. Such Insurance as Is afforded by this pollcy shall be primary, and any Insurance carried by City shall be excess and noncontributory. It we cancel this Policy, we will give Written notice at least 10 days before the effective date of cancellation If we cancel for nonpayment of premium or 30 days beforo the affectiva date of Cancellation If we Cancel for any other reason. CITY OF SANTA ANA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE RISK MANAGEMENT DIVISION THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 CIVIC CENTER PLAZA 4TH FLOOR ACCORDANCE WITH THE POLICY PROVISIONS, SANTA ANA CA 92701 AUTHORIZED REPRESENTATIVE W © 1980.2014 ACORD OTIOrights reserved. ACORD 26 (2014/01) The ACORD name and logo are registered marks of ACORD 1001486 132849.9 02�04-2014 'e # CERTIFICATE OF LIABILITY INSl1RAPVCE DATe(MMIODIwri) 03/'12/2019 _ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CpNFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES N07 AFFIRMATIVELY OR NEgATIVELY AMEND, EXTEND OR ALTER 'FHA COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DpES NOT CONSTITUTE A CONTRACT BE7W EEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE pR PRODUCER, AND THE CERTIFICATE HOLDER, MMP RTaN7; if the certfffBafe holder Is an ADp1TlONAL INS 2ED, the poUGy(lus) must haue atl(31TIONAL INSURED prgVISIOm; or be endpi'Bad. If SUBRgGATION IS WAIVED, aubJect to the terms and conditions of the policy, cattalo policies may require an endorsement, A statement an this acrtificeta dose no! confer rights to the certfficats holder In Ifeu of suah endoreomolrR(u). PRDOUCER Automatic Data Processing Insurance Agency, Ina P� .1Ns..6e1la__ tAtq NDl' __ 7 Adp Boulevard Roseland NJ 07088 .: INBUR ?Sidi AFPDRDMOGmkgt . NAM INSURED INSURERATtlpytlauay Company of America A THE FRIDA CINEMA 375 REDONDO AVE STE 121 LONG BEACH ,TE MAY BE ISSUED OR MAY IS AND CONDITIONS OF SUCH TYPE OF INSURANGE�i�� MERCIALOENERAL LIABILITY CLAIMS -MADE ❑.00CUR 3EiCj'UA"T�ELIMIT AP{-PLIIE'�S PER: YL. 3%&- Iy ILOG AUTOMOBILE LIAI ANY AUTO OWNED AUTOS HIRED ONLY HIRED AUTOS ONLY UMBRELLA L', u EXCESS LAB EC14EDULED AUTOS NON�CWN'EO AUTOS ONLY OCCUR CA 90814 PERM OR CONDITION OF ANY CONTRACTOR INSURANCE AFFORDED BY THE POLICIES D 'S SHOWN MAY HAVE SEEN REDUCED BY PAID YINYIN �I INIAI N 1JBON00493A19 LOCATIONS i VEHICLES City of Santa Ana 20 Civic Center Plaza Santa Ana 101, CA D2701 03/25/2019 10312512020 iu VIVILNI WWI H RESPECT TO WHICH HEREIN 18 SUBJECT TO ALL THE TE BODILY INJURY{Par paroor) § DOCILYINJURY(Pelancidanl) $ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ORIZEa REPRESENTATIVE ACORD 25 (2D10/03) The ACORD name and logo are registered marks of ACORD MSW Polley No, 92 E6S968 3 0535—FD2C CMP�4860.1 Page 1 of 2 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY CMP-4660.1 ADDITIONAL INSURED — DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Policy Number: 92 E65998 3 Named Insured; THE F,'RIDA CINEMA Name And Address Of Additional Insured Person Or Or anlratitREVIEWED AI�I�ROyLL g Risk fvfANAgFM€Nr T irtWo, CITY OF SANTA ANA ITS OFFICERS EMPLOYEE AGENTS s nq REPRESENTATIVES 4b [ 20 CIVIC' CENTER PLZkfb f .... sANrA ATrA CA 92.70I 4058 FRANCINE R. VILLAREAL SECTION Ii — WH0 IS AN INSURED of SECTION H --- LIABILITY is emended to In - clads, as an additlonaf insured, tatty person or organization shown ict the Schedule, but onto with respect to [lability for "bodily injury', "property damage", err "personal and advcrus- ing injury„ caused, in whole or in part, by: a. Premises And Ongoing Operations Your acts or omissions or the acts or omissions of those acting on your behalf: (1) In connection with your premises; or (2) in the performance of your ongoing operations; or b. Products —Completed Operations "Your work" performed for that additional Insured and Included in the "products. Completed operations hazard", However, Paragraph 1. above is subject to the following: a. The insurance afforded to the additional insured only applies to the extent permit- ted by law; b. If coverage provided to the additional in- sured Is required by a Contract or agree,, Mont, the insurance provided to the additional Insured will not be broader than that which you are required by the con: - tract or agreement to provide for such ad- ditional insured; and c. If the contract or agreement between you and the additional insured is governed by California Civil Code Section 2762 or 2782,05, the Insurance provided to tine additional Insured is the lesser of that which; (1) Is allowed for the satisfaction of a de- fense or indemnity obligation by Cali- fornia Civil Code Section 2782 or 2762.05 for your sole liability; or (2) You are required by contract or agreement to provide for such addi- tional insured, We have no duty to defend or indemnify the additional insured udder this endorsement un- til a claim or "suit" Is tendered to Lis, 0, Copyright state f ar m MutWI Autocriobile Insurance Company, 2019 Includes copyrighted rntarenBl of Insotaance Servlcos Office, Inc., with its permission. CONTINUED CMP-4860,1 Page 2 of 2 2. Any Insurance provided to the additional in- (3) The nature and location of any injury sured shall only apply with respect to a claim or damage prising out of the "occur - made or a 'suit" brought for damages for rence" oroffense; which you are provided coverages, This endorsement shall not increase the ap- plicable Limits Of Insurance shown in the Declarations. 3. With respect to the Insurance afforded to the additional Insured, the following Is added to SECTION II— LIMITS OF INSURANCE; If coverage provided to the additional Insured is required by contract or agreement, the most we will pay on behalf of the additional insured will be the lesser of the amount of Insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits Of Insurance shown in the Declarations, This endorsement shall not Increase the ap- plicable Limits of Insurance shown in the Declarations, 4. With respect to the insutenoe afforded to the additional Insured, the following Is added to Psragra h 3, Duties In The Event Of Occur- rence, Offense, Claim Or Suit of SECTION II — GENERAL CONDITIONS: The additional insured must: a. See to it that we are notified as soon as prticable of an 'occurrence" or an of- fensace which may result in a claim, To the extent possible, notice should inClude: (1) How, when and where the 'occur- rence" or offense took place; (2) The names and addresses of any in- jured persons and witnesses; and CMP-486Q1 b. Tender the defense and indemnity of any claim or "suit" to us and to all other insur- ers who may have Insurance potentially available to the additional insured; and c, Agree to male available any other insur- ance the additional Insured has for de- fense or damages for which we would provide coverage under SECTION II — LIASIL,ITY, 5. With respect to the insurance afforded the ad- ditional Insured, the following replaces SEC- TION II — LIABILITY of Paragraph 7. Other Insurance of SECTION I AND SECTION it -- COMMON POLICY CONDITIONS: a. This insurance is primary to and will not seal( cootributlon from any other insur- anoe: available to that additional insured, provided that the additional insured is a named insured under such other insur- ance, b. Regardless of any agreement between you and the additional insured, this Insur- ance Is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional In sured has been added as an additional in- sured on other policies, There will be no refund of premium in the event this endorsement Is cancelled. All other policy provisions apply, 0, Capyiig ht, $tatp Farm Mutual Automobile Insurance Company, 2018 1007042 148020 08-26.2014 Inciudus copyr{Opted matorlal of Irivronce services Office, Inc., Ah Its perrnisslon. REVIEWED & APPROVu f By Risk MANAGEMENT Dtvtsi0N r � l LA.J CROW EXECUTIVE DIRECTOR 323-428-7411 thefrldacinema@gmall,com 305-100 E. 4th Street TNF (f�l A Santa Ana, CA 92701 C 1 N H A September 3, 2019 City of Santa Ana To Whom It May Concern: My name is Logan Crow, and I am the Founder and Executive Director of The Frida Cinema, Orange County's only non-profit, Independent art house cinema, located in Downtown Santa Ana. In reference to our upcoming programming which will be funded in part by the City of Santa Ana's Investing in the Arts Grant, please be advised that The Frida Cinema will not be using a vehicle for our project. All activities related to the artist grant will take place inside our place of business. Thank you, and please don't hesitate to get in touch should you have any additional questions or needs. Most sincerely, TMEFRIDACINEMA.ORG REVIEWED & APPROVED BY Risk 4IN1(ieVtENT DivisioN 2 3 1 tAIV01NE R. VILREAL A 501(c)(3), not -for -profit art house cinema dedicated to enriching, connecting, and educating communitles through the art of cinema. Tax ID 27.0950151 OC's year-round film festival,