HomeMy WebLinkAboutBRIYANA NEGRETTECity of Santa Ana
t Clerk of the Council
AGREEMENT TERMINATION FORM
Please complete this form in its entirety when the attached agreement and all
amendments (if any) are no longer in effect.
Note: If your agreement is grant related, please ensure that all grant retention requirements
have been satisfied prior to signing the termination form.
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M
Return form to the Clerk of the Council Office (M-30).
Call 647-1520 if you have any questions.
The agreement with
COTC Office Use Only
N-2021-087
No. was completed on U1501 and final payment has been made.
(Llst all amendments. Use space below N needed.)
Department: CAM I, rn J� � 1A1. W-re.,
Phone/Ext.: 5M ✓ Of E53 `5J
Signature:
Date: c� j �oI zoZt
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INSURANCE ON FILE
WORK MAY PROCEED
-VONNTIL INSURANCE EXPIRES
11. 1- 'ID7,X
CLERK OF COUNCII
DATE:
Utility Box Art Program
City of Santa Ana
AGI A 0
Lei SA
N-2021-087
ARTIST AGREEMENT
This agreement is made and entered into as of March 312021, by and
between the City of Santa Ana, a charter city and municipal corporation
Traver LR. I (hereinafter "City"), and briyana NeQ rette (hereinafter "Artist')
selected to participate in the Utility Box Art Program.
In consideration of the promises contained herein, the receipt and adequacy of which is
hereby acknowledged, the parties hereto agree as follows:
A. Preparation
1. The Artist shall view a pre-recorded video by the City regarding painting guidelines
and safety prior to starting work. In the video City staff will identify any electronics,
equipment, and other facilities on the exterior of the utility box which shall not be
painted, including:
a. Official plaques, stickers, or identification numbers
b. Meter clocks
c. Keyholes or keyhole covers
d. Vents or viewports
e. Handles on doors and hinges
2. The boxes will be power washed by the City before painting starts; however, the
Artist will have the responsibility for any additional cleaning, prepping, and priming
prior to painting.
B. Materials
1. Artist will use paint type and paint products recommended by the City which are
the following:
a. Paint Type: Premium high solids 100% acrylic latex waterborne exterior wall
and trim paint; low sheen, eggshell or satin finish; minimum 1.5 mil dry
thickness per coat.
b. Paint Products (in recommended order):
i. Nova Color (available in wholesale at: www.novacolorpaint.com)
ii. Sherwin Williams: Accolade Exterior Acrylic Latex, Satin
iii. Frazee #126 Mirro Glide Low Sheen Acrylic Latex
iv. Pratt and Lambert: Accolade Exterior Acrylic Latex, Eggshell
Artist will purchase the needed paint and supplies, including paintbrushes, paint
rollers, rolling pans, drop cloth, masking tape, latex gloves, and cups for
blending/mixing paint. Artist must provide their own additional supplies if needed.
Artist will submit a list of paint products used for project, including brand name
(ex: Sherwin Williams), paint type (ex: acrylic latex), sheen (ex: satin), and color
number (ex: #126).
C. Project
Artist will paint the utility box assigned to them by the City, and nothing more.
Painting of the box must be completed by June 30, 2021. Painting may only
occur during the hours of 7 a.m. to 7 p.m. A minimum sidewalk clearance of four
(4) feet must be adhered to at all times.
2. Artist utility box is located on
Bristol and 19th
Title of artworkCoatlique Births the moon Coyolxauhqui
3. Artist shall inform City staff the days and hours they are planning on working on
the box so that staff will communicate with appropriate city agencies such as Public
Works and Santa Ana Police Department.
4. Artwork must include all visible sides of the utility box including the top.
5. The Artist shall provide for City maintenance, operations, and emergency access
to their respective utility box at all times.
6. Artist recognition via signature on the utility box may be no larger than 3" x 5".
7. Artwork 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.
8. Artwork may not include any breach of intellectual property, trademarks, brands,
images of illegal activity or involve the attachment of any objects to the box.
9. The Artist 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.
Artist 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.
D. Property Rights
1. The Artist hereby waives any legal rights under Federal, State, local, and/or
Administrative law to maintain the artwork upon City property. The completed work
will be the property of the City, which retains the sole and absolute right and
discretion to remove, modify, or replace the utility box, components of the utility
box, or the artwork if necessary without compensation or notice to the artist.
2. The Artist grants the City the right to use any images, photographs or video of the
artwork and the installation process for publicity or promotional purposes and
agree that the results of such activity shall remain the sole property of the City.
E. Payment
1. City agrees to pay, and Artist agrees to accept as an amount not -to -exceed $400
during the term of this Agreement. Compensation shall be divided into two (2)
separate payments. The first amount in $300 shall be issued after final execution
of the Agreement. The final payment of $100 shall be issued upon the completion
of the project.
2. Payment by City shall be made within forty-five (45) days following receipt of
proper invoice evidencing work performed, subject to City accounting procedures,
and five (5) photographs documenting the completion of artwork on all five sides
of the assigned utility box. Payment need not be made for work which fails to meet
the standards of performance set forth in the Recitals which may reasonably be
expected by City.
F. Indemnity and Release of Liability
1. Artist shall defend, indemnify, protect and hold harmless the City, or their elected
and appointed officers, employees, members or agents from and again all claims
for damages, liability, cost and expense (including without limitation attorney's
fees) arising out of or alleged by third parties to the by the result of the negligent
acts, errors or omissions or the willful misconduct of the Artist, and Artist's
employees, subcontractors or other persons, agencies or firms for whom Artist is
legally responsible in connection with the execution of the work covered by this
agreement. Artist 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 declaration by the Artist. Artist's obligations shall survive the
termination of this Agreement.
2. Artist 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
3
with the negligence or willful misconduct of its officers, officials, employees, or
agents in connection with the creation, painting or installation of the artwork.
3. To protect the City, Artist shall execute a Release of Liability before participating
in the Utility Box Art Program. A true and correct copy of the Release of Liability
form is attached hereto as Exhibit A and incorporated herein by this reference.
All terms and requirements of the Release of Liability shall be enforceable in
addition to all terms and requirements of this Agreement.
G. Repairs
If any component of the City's traffic signal system is damaged as a result of the
artists' work, the artist shall arrange for a licensed contractor to repair the damage
at the artists' sole expense.
2. The artist has the first option to repair artwork if damaged. When vandalism to the
artwork is reported or touch-up to the artwork is needed, the City will contact the
artist for first refusal, and the artist will be given 30 days to respond. If there is no
response within that timeframe or if the artist declines, the City reserves the right
to repair, remove, or modify damaged artwork as it sees fit.
3. It is the responsibility of the artist to update the City with their current contact
information so that staff can contact them should repairs be necessary.
H. Termination
The City may terminate this Agreement at any time for any reason. If the
Agreement is terminated by the City after the painting of a utility box has
commenced, Artists shall be entitled to reasonable compensation for work
performed to date, minus any offset representing the City's damages should
termination result from Artist's breach of contract. Artist hereby expressly waives
any and all claims for damages or compensation arising under this Agreement
except as set forth herein.
General Terms
1. Artist is not and any of the Artist'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.
2. Neither party shall assign any rights or obligations under this Agreement.
0
3. 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.
4. 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.
5. 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.
6. 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.
N-2021-087
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date
and year first above written.
ATTEST:
Daisy Gomez
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:
Ryan O. Hodge
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
Steven Mendoza
Executive Director
Community Development Agency
CITY OF SANTA ANA
KristineRidge
��
City Manager
ARTIST:
k�2
Print Name:
Address: Brlyana Negrette
12972 Aspenwood Ln.
Garden Grove CA 92840
Full Name:
Utility Box Art Proqram
RELEASE FROM LIABILITY
Personal Information (Please print)
Briyana Negrette
12972 Aspenwood Ln.
Address:
Garden Grove,
City: State: Zip:
City of
Emergency Contact:
Social Security/Individual Tax Payer ID (ITIN) #: 618809761
Waiver and Liability Release
I have read and understand the Artists Agreement and will adhere to the rules and regulations set
forth wherein and act in a respectful manner while representing the City of Santa Ana. I assume
the responsibility of mental and physical fitness to participate in the assignment, and agree to abide
by all rules and requirements of the program. I also understand that failure to abide by the above
may lead to my termination from the program.
I understand that I am not considered an employee of the City of Santa Ana for purposes of
Workers' Compensation, but that the City provides volunteer accident insurance in excess of any
other medical insurance I may have. I agree to comply with the City's policy regarding any injuries I
incur while under the City's supervision.
I agree to hold harmless the City of Santa Ana, its officers, employees and volunteers from and
against any and all liability arising out of or in any way connected with my participation in the
program. This release shall apply even though liability may arise out of negligence or carelessness
on the part of those discharged including their employees, agents and volunteers.
This waiver and liability release shall apply to myself, as well as any of my heirs, executors or
administrators.
I am of lawful age and legally competent to sign this agreement. I understand the terms and have
signed this document as my own free act.
I have fully informed myself of the contents of this release by reading it before I signed it. I realize
that by signing this document I am giving up legal rights to which I may be entitled.
(initial) I have watched and understand the instructional and safety video for
1 my artwork on the city -owned utility box assigned to me,
on
Title of artwork: Coatlique Births the Moon Coyolxauhqui
Signatdre " 04/06/21
,ana Negrette
Printed Name
Date
Burns
Wilcox
Francine R uignauysigneaDy
Francine R. Villareal
Villareal late: 2021.04.15
17:28:21-07'00'
101 California Street, Suite 975, San Francisco, CA 94111
Phone: (415) 421-4244 OR (800) 759-4855 Fax: (415) 421-0620
DATE: 4/7/2021 INSURANCE BINDER Page 1 of 4
THIS BINDER IS ATEMPORARY INSURANCE CONTRACT, SUBJECTTO THE CONDITIONS SHOWN BELOW.
INSURED: City of Santa Ana B&W PRODUCER: Richard L Gobler
AGENT: MERRIWETHER & WILLIAMS INS
20 Civic Center Plaza 550 Montgomery St Ste 550
Santa Ana, CA 92701 San Francisco, CA 94111
LOCATION(S) OF RISK:
1. Bristol and Santa Clara Ave, Santa Ana, CA 92706
2. Bristol Street and 19th Street, Santa Ana, CA 92704
3. Bristol Street and Washington Avenue, Santa Ana, CA 92706
4. Bristol Street and Civic Center Drive, Santa Ana, CA 92703
5. Bristol and St Andrew PI, Santa Ana, CA 92704
6. Bristol Street and McFadden Avenue, Santa Ana, CA 92707
7. Bristol Street and Wilshire Avenue, Santa Ana, CA 92704
8. Bristol Street and Edinger Avenue, Santa Ana, CA 92704
9. Main Street and Civic Center Drive, Santa Ana, CA 92701
10. Flower Street and Alton Avenue, Lillie King Park, Santa Ana, CA 92707
11. First & Main, Santa Ana, CA 92701
12. 3rd & Main, Santa Ana, CA 92701
13. 4th & Main, Santa Ana, CA 92701
14. 3rd & Broadway, Santa Ana, CA 92701
15. 4th & Broadway, Santa Ana, CA 92701
16. 5th & Broadway, Santa Ana, CA 92701
17. 4th & Bush, Santa Ana, CA 92701
18. Grand & Dyer, Santa Ana, CA 92705
19. Main & McFadden, Santa Ana, CA 92707
20. 17th & Centre on 17th, Santa Ana, CA 92705
21. Bristol & 17th, Santa Ana, CA 92706
22. Main St and St. Gertrude PI, Santa Ana, CA 92704
23. Bristol & 1 st, Santa Ana, CA 92703
24. Harbor & McFadden, Santa Ana, CA 92704
25. 1st & Downtown Plaza, Santa Ana, CA 92704
26. Main St & Washington, Santa Ana, CA 92704
27. Raitt & MacArthur, Santa Ana, CA 92704
28. Flower St & Bishop, Santa Ana, CA 92704
29. Greenville & Alton, Santa Ana, CA 92704
POLICY EFFECTIVE FROM: 04/12/2021 AT 12:01 AM TO 12/01/2021 AT 12:01 AM STD TIME AT RISK LOCATION.
FORM OF COVERAGE
POLICY NO:
INSURER(S):
Line Of Business
COMMERCIAL GENERAL LIABILITY
CIP423636
Supplier(s)
Commercial General Liability Atain Specialty Insurance Company
OCCURRENCE
Agreement Number Participation
100.00 %
Risk Muugernmt Divisim
g h�� ttREMEWED&PPRovm BY:
F �M+f ¢ h. V:QiFn4.cQ
-� Risi(Management Analyst
Burns IL7-
Wilcox
101 California Street, Suite 975, San Francisco, CA 94111
Phone: (415) 421-4244 OR (800) 759-4855 Fax: (415) 421-0620
DATE:4/7/2021 INSURANCE BINDER Page 2of4
LIMITS / DEDUCTIBLES:
Loc Sub Coverage
Limit(s)
1 General Aggregate
$2,000,000
1 Products and Completed Operations
$2,000,000
1 Each Occurrence
$1,000,000
1 Personal and Advertising Injury
$1,000,000
1 Medical Expense / Any One Person
$5,000
1 Damage to Premises Rented to You / Each Occurrence
$100,000
TOTAL CHARGES:
Premium: $ 800.00 Commercial General Liability
Fee: $ 200.00 Brokerage Fee (Fully Earned)
Tax: $ 1.50 Stamping Tax
Tax: $ 18.00 Surplus Lines Tax - GenLiab
TOTAL: $ 819.50
EXCLUSIONS:
SEE "ENDORSEMENTS' SECTION BELOW / NEXT PAGE
ENDORSEMENTS:
Deductible(s)
$500 Per ClaimBI/PD
100% MINIMUM & DEPOSIT
MINIMUM RETAINED PREMIUM:
100.00% EARNED
MINIMUM PREMIUM = $600.00
Co Ins
RlekMxnagtn ED[Wslon
RenexrED & A'PROVm Br.
` W Risk Management Analyst
Burrs&
Wilcox
101 California Street, Suite 975, San Francisco, CA 94111
Phone: (415) 421-4244 OR (800) 759-4855 Fax: (415) 421-0620
DATE: 4/7/2021 INSURANCE BINDER Page 3 of 4
**ENDORSEMENTS & EXCLUSIONS:
UNLPFD1 -COMMON POLICY DECLARATIONS.
AF001772 -CLAIM REPORTING INFORMATION.
AF100 - POLICY JACKET.
AF3380 - FRAUD & MISREPRESENTATION ENDORSEMENT.
AF3550 - MINIMUM EARNED PREMIUM & CANCELLATION CLAUSE.
AF900 - SERVICE OF SUIT.
IL0017 -COMMON POLICY CONDITIONS.
SOFAE -SCHEDULE OF FORMS & ENDORSEMENTS.
AF000839 -INJURY TO EMPLOYEES, SUBCONTRACTORS, INDEPENDENT CONTRACTORS, TEMPORARY WORKERS,
LEASED WORKERS OR VOLUNTEERS EXCLUSION.
AF001007 - COMBINED COVERAGE & EXCLUSION ENDORSEMENT: ASBESTOS EXCLUSION; LEAD EXCLUSION;
CONTRACTOR'S SPECIAL CONDITIONS; EMPLOYMENT RELATED PRACTICES EXCLUSION; NUCLEAR ENERGY LIABILITY
EXCLUSION; PROFESSIONAL SERVICES AND MALPRACTICE EXCLUSION; SEXUAL / PHYSICAL ABUSE EXCLUSION;
TOTAL POLLUTION EXCLUSION WITH HOSTILE FIRE EXCEPTION; ASSAULT & BATTERY EXCLUSION; ANTI -STACKING
AND NONDUPLICATION OF LIMITS OF INSURANCE; TENDERING OF APPLICABLE LIMIT OF INSURANCE.
AF001396 -INFRINGEMENT, MISAPPROPRIATION AND UNFAIR COMPETITION EXCLUSION.
AF001707 -AMENDMENT OF NONPAYMENT CANCELLATION CONDITION.
AF001729 -CONDITIONAL EXCLUSION OF LIABILITY/CLAIMS IN THE STATE OF MISSOURI -ONLY APPLIES IF MISSOURI
IS PRINCIPLE PLACE OF BUSINESS OR RISK CONDUCTS MORE THAN 10% OF OPERATIONS IN MISSOURI.
AF001752 -AMERICANS WITH DISABILITIES ACT AND DISCRIMINATION EXCLUSION.
AF3378 -AMENDATORY ENDORSEMENTS: CANCELLATION, CANCELLATION OF FINANCED POLICY, AUDIT
CONDITIONS.
AF3400 - SILICAOR SILICARELATED DUST EXCLUSION.
UNLPFSD1 L -COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS.
AF001788 -TOTAL CANNABIS AND RELATED PRODUCTS EXCLUSION.
CG0001 - COMMERCIAL GENERAL LIABILITY COVERAGE FORM - CG0001 04-13.
CG2107 -ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA -RELATED LIABILITY
EXCLUSION.
CG2167 -FUNGI OR BACTERIA EXCLUSION ((DOES NOT APPLY TO GOODS OR PRODUCTS INTENDED FOR BODILY
CONSUMPTION).
CG2426 -AMENDMENT OF INSURED CONTRACT DEFINITION.
AF001401 -DAMAGE TO PREMISES RENTED TO YOU LIMITATION -FIRE LEGAL LIABILITY COVERAGE.
AF000873 -KNOWN INJURY OR DAMAGE EXCLUSION FOR PERSONAL & ADVERTISING INJURY.
AF000899 -CLARIFICATION AMENDMENT TO POLICY AIRCRAFT, AUTO OR WATERCRAFT EXCLUSION.
D2 - CALIFORNIA SURPLUS LINES NOTICE.
CAPRNOTICE -CALIFORNIA PREMIUM REFUNDS NOTICE -POLICIES CANCELED BY INSURED MAY INCUR A 10%
SHORT RATE PENALTY.
CG3234-CACHANGES.
AF001740 -DESIGNATED OPERATIONS -STATE OF NEW YORK EXCLUSION.
AF001741 -DESIGNATED OPERATIONS -STATE OF WASHINGTON EXCLUSION.
AF33509 - ASSAULT & BATTERY EXCLUSION REMOVAL (ENDORSEMENT TO REMOVE A&B EXCLUSION).
AF33510 -CLASSIFICATION LIMITATION.
AF33515A -NEW RESIDENTIAL CONSTRUCTION EXCLUSION.
AF33530 -SUBSIDENCE EXCLUSION.
AF3397 - EIFS EXCLUSION & DRYWALL EMISSION EXCLUSION.
CG0300 -DEDUCTIBLE LIABILITY.
"CG2144 -LIMITATION OF COVERAGE TO A DESIGNATED PREMISES / PROJECT
PROJECT: ELECTRICAL / UTILITY BOX PAINTING FOR CITY OF SANTA ANA """
CG2154 - OCIP/WRAP-UP EXCLUSION.
CG2503 -PER PROJECT AGGREGATE:*** TYPIST INCLUDE THE FOLLOWING WORDING: "LOCATIONS AS REQUIRED
BY SPECIFIC WRITTEN CONTRACT`*
AF001397 -BLANKET PRIMARY & NON CONTRIBUTORY WORDING: [TYPING -ADD THE FOLLOWING WORDING TO
FORM: "ANY PARTY FOR WHOM THE INSURED IS PERFORMING SERVICES, AT A SPECIFIED PROJECT SET FORTH IN A
WRITTEN CONTRACT, THAT: (1) HAS BEEN SIGNED BY ALL PARTIES, INCLUDING THE NAMED INSURED AND THE PARTY
SEEKING COVERAGE UNDER THIS ENDORSEMENT: AND (21 HAS BEEN ENTERED INTO BEF ANIVInOCUAC
ReekMampneirisIm
t REmEWED&APPROVED BY:
�3 ntD
�"--� RNk Management Analyst
Burns &
Wilcox
101 California Street, Suite 975, San Francisco, CA 94111
Phone: (415) 421-4244 OR (800) 759-4855 Fax: (415) 421-0620
DATE:4/7/2021 INSURANCE BINDER Page 4of4
OCCURRED."]
"CG2010 -ADDITIONAL INSURED OWNER, LESSEES OR CONTRACTOR.
ENTITY NAMES AS A& "" ALL ARTISTS PAINTING ELECTCIAL / UTILITY BOXES FOR CITY OF SANTA ANA """
CG2033 - BLANKET ADDITIONAL INSURED - WHEN REQUIRED BY AGREEMENT - DO NOT USE WITH CG2139.
CG2404 - BLANKET WAIVER OF SUBROGATION (ADD THE FOLLOWING WORDING TO FORM) "ANY PERSON OR
ORGANIZATION WITH WHOM THE INSURED HAS AGREED TO WAIVE RIGHTS OF RECOVERY, PROVIDED SUCH
AGREEMENT IS MADE IN WRITING AND PRIOR TO THE LOSS'.
CONDITIONS:
QUOTE BASED ON ONE MULTI BOX PROJECT AT A FLAT RATE OF $600.00 - MINIMUM PREMIUM APPLIES.
1 A/I INCLUDED FOR THE CONTRACTORS.
PLEASE REVIEW THIS BINDER CAREFULLY AS IT MAY DIFFER FROM COVERAGES AND LIMITS REQUESTED.
THIS COMPANY BINDS THE KIND(S) OF INSURANCE STIPULATED HEREIN. THE ABOVE COVERAGES ARE THE ONLY COVERAGES BOUND.
ANY COVERAGE REQUESTED IN THE APPLICATION THAT DIFFERS FROM THE ABOVE IS NOT INCLUDED. THE INSURANCE IS SUBJECT TO
THE TERMS, CONDITIONS, LIMITATIONS, AND FORMS OF THE POLICY(S) IN CURRENT USE BY THE COMPANY. THIS BINDER IS
CANCELLED SIXTY (60) DAYS FROM THE EFFECTIVE DATE OR WHEN REPLACED BY A POLICY, WHICHEVER COMES FIRST.
THE AGENT MUST READ THIS CERTIFICATE AND IF NOT CORRECT RETURN IT IMMEDIATELY TO BURNS & WILCOX, LTD.
BY: Harvey Goldenberg, Authorized Representative (CA INS LIC # 0828615)
s.� WeW%nrgMftMEDhisiun
R�nexEo&APPROVID BY.
Risk Management Analyst