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HomeMy WebLinkAboutBRIAN PETERSONfWU ON ":i4OORKAM YE PROCEED N-2021-167 UNTILINSURANCE EXPIRES CLERKOF000NCIL MURAL AGREEMENT DATE: ('.CA0140U This Mural Agr ment ("Agreement") is made and entered this 12 day of July, 2021, 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 Brian Peterson ("Artist"). City and Artist may herein individually be referred to as a "Party" and collectively be referred to as the "Parties" to the Agreement. RECITALS: A. City desires to engage Artist to paint one (1) interior mural that consists of two (2) walls ("Artwork") for the new Homeless Navigation Center ("Project') located at 1815 Carnegie Avenue in Santa Ana ("Site"). A true and correct copy of Artist's Scope of Work is attached hereto as Exhibit A and incorporated herein by reference. B. In undertaking the performance pursuant to this Agreement, Artist represents that he is skilled and knowledgeable in the arts and culture arena and that the Artwork created hereunder for the Project will be created 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 on December 31, 2021, unless terminated earlier in accordance with this Agreement. The term of this Agreement may be extended or the schedule of performance in Exhibit A may be revised upon a writing executed by the City Manager and City Attorney. 2. Funding. 2.1. Subject to Artist's performance of all required actions under this Agreement, City shall provide funding, as detailed below, of an amount not to exceed Thirteen Thousand Dollars ($13,000.00). 2.2. Artist will be paid in two (2) installments. The first non-refundable payment will be half of the funding amount provided above, or $6,500, and will be provided after full execution of the Agreement by the parties. The second and final payment will include the remaining amount of $6,500 and will be issued within thirty (30) days after the Artist submits to the City all the proper receipts, invoices and final report for the Project. 2.3. Appropriate performance of the Artwork by Artist will be determined by City in its sole discretion. City reserves the right to cease funding after the first disbursement detailed above if Artist's performance is determined to be insufficient or unacceptable in the City's sole discretion. 1 3. Activities. Artist agrees 3.1. Artist is hereby retained to furnish all labor, materials, tools, equipment, services, and incidental and customary work necessary to design and paint the Artwork ("Services") on the Site in accordance with the schedule of completion as described in Exhibit A attached hereto and incorporated herein by reference. 3.2. Artist shall be responsible for complying with all Federal, State and local laws, ordinances, statutes and regulations, including, but not limited to zoning and environmental requirements, and for obtaining all required licenses, permits, or other authorizations applicable to the performance of Artist's Services under the Agreement. 3.3. Artist shall execute and deliver to City any instruments that City may reasonably require to confirm ownership of the Artwork. 3.4. Artist 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, Artist shall provide, at its expense, copies of all financial and accounting records produced by it arising out of this Agreement. 3.5. Artist shall allow audits, compliance or special reviews and inspections, including on - site inspection, with or without prior notice, of Artist's facilities by City or by third parties designated by City, or their authorized representatives. Artist 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. 3.6. Artist shall ensure that the Site is 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 Services and painting 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 painting is underway, which barrier shall be removed each day upon completion of a painting session. 3.7. The 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. Appropriateness of the content of the Artwork will be determined by City in its sole discretion. 3.8. The Artwork may not include any breach of intellectual property, trademarks, brands, or images of illegal activity, and the Artist must be the copyright holder for the Artwork. 3.9. Colors may appear differently in paint than on screen renderings. Artist is not responsible for such differences. Designs may be altered based on the following factors: texture, signage or electrical outlets on the wall, etc. Changes, if necessary, will be made by the Artist's expertise. All paint, fabric, wood, and other materials are subject to change 2 based on market availability and designers are not responsible for differences based on those factors. Differences in on screen render to final Artwork may be up to 25% different as an approximation. 3.10. Artist shall have the first option to repair Artwork if damaged. When vandalism to the Artwork is reported or touch-up to the Artwork is needed, City will contact Artist for first refusal, and Artist will be given 30 days to respond. If there is no response within that timeframe or if Artist declines, City reserves the right to repair, remove, or modify damaged artwork as it sees fit. 4. Termination. 4.1. City may immediately terminate this Agreement upon one or more of the following: 4.1.1. Artist's violation of any federal, state or local law or regulation. 4.1.2. Artist'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 Artist to refund any or all funds awarded to Artist under this Agreement, and Artist agrees to refund to City any or all funds awarded under this Agreement. 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 Artist'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. Artist 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 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 to declaration by the Artist. Artist's obligations shall survive the termination of this Agreement. 6.2. 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 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. Artist 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. Consultant shall procure and maintain for the duration of the contract insurance against claims forinjuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. Coverage shall be at least as broad as 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non -owned), with limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if consultant provides written verification it has no employees) If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires, and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status. The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connectionwith such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 11 85 or bothCG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). Primary Coverage For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Consultant's insuranceand shall not contribute with it. Notice of Cancellation Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the Entity. Waiver of Subrogation Consultant hereby grants to Entity a waiver of any right to subrogation which any insurer of said Consultant may acquire against the Entity by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer. 5 Self -insured Retentions Self -insured retentions must be declared to and approved by the Entity. The Entity may require theConsultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or Entity. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the Entity. Claims Made Policies If any of the required policies provide coverage on a claims -made basis: 1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3. If coverage is canceled or non -renewed, and not replaced with another claims -made policyform with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. Verification of Coverage Consultant shall furnish the Entity with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 0 Subcontractors Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that Entity is an additional insured on insurance required from subcontractors. 8. General Provisions. 8.1. Artist shall acquire prior written permission from City for any use of the City. name or logo in association with its Artwork. 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. Artist shall comply with all governmental requirements that may now or in the future become applicable to its Services under this Agreement. 8.4. This Agreement, including Exhibit A, Scope of Work, 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: Artist: Brian Peterson 738 N. Santiago Street Santa Ana, CA 92701 786-543-7787 Brian Peterson Designpgmail.com www.brianpetersonart.com www.facesofsantaana.com City: City of Santa Ana Community Development Agency (M-26) 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 (714)647-5378 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. Artist agrees to comply with all applicable equal opportunity and affirmative action laws as appropriate, Artist 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. Artist 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. Artist grants to City the right to use any images, photographs, or video of the Artwork and the painting process for publicity or promotional purposes. 8.11. Notwithstanding the assignment of any advertising/promotion rights to City, Artist shall retain all copyrights of the artwork, including all reproduction, display, distribution, and derivative works rights. City shall not use digital files in any capacity. Artist is entitled to use any unselected designs for other projects. Artist is entitled to sign the Artwork in a discreet area of the design surfaces. Artist is entitled to identify as the creators of the Artwork and share on their portfolio, including website and on social media platforms. City shall not alter, modify, edit, or change the Artwork without Artist's prior written consent. No work may be reproduced by City without the prior written approval of Artist. 8.12. Artist 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, worker's compensation benefits, injury leave or other leave benefits. 8.13. Neither Party shall assign any rights or obligations under this Agreement. 8.14. 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. 8.15. 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. 8.16. 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. 8.17. 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. fSignafures on following page} IN WITNESS WHEREOF, the parties hereto have executed this Mural Agreement the date and year first above written. ATTEST: DAISY GOMEIZ Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho City AttgmW, „ LIM ity RECOMMENDED FOR APPROVAL: Steven A. Mendoza Executive Director Community Development Agency 10 �- ! o� KRISTINE RIDGE City Manager ARTIST: Brian Peterson Francine R. Villareal `` CERTIFICATE OF LIABILITY INSURANCE Digitally signed by Francine R. Mllareal Date DATE IMMIDWYYYY) 07/26/2021 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 be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in Ileu of such endorsement(s). PRODUCER State Farm Insurance License # OG54371 IN14210 Culver Dr, Suite A, Irvine CA 92604 N MEAC RICHARD TAY a maaEl 949) 559 8866 FA� Ne (949) 269 0683 ADDRESS: PRODUCERCUSTOMR ID If 75-3918 INSURERS AFFORDING COVERAGE NAIC4 INSURED BRIAN PETERSON ART DBA FACES OF MANKIND 738 N SANTIAGO ST SANTAANACA 92701-5361 INSURERA: Stale Farm General Insurance Company 25151 INSURER B: INSURERC: 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. ILNSR TR TYPE OF INSURANCE ADDL INS R SUER POLICY NUMBER POLICY EFF MMIOO/YYYY POLICYEXP MMIOOIYVYY LIMITS A GENERAL LIABILITY _x1 COMMERCIAL GENERAL LIABILITY CLAIMS -MADE IX OCCUR �� 92•EYM1-6-81 10/30/2020 10/30/2021 EACH OCCURRENCE $ 1,000,000 PREMISES Ea oxurmnce $ 50,000 MED EXP(Any one person) $ - 51000 PERSONAL B ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE X POLICY LIMIT APPLIES PER: PRO- LOC PRODUCTS-COMPIOPAGG $ 1,000,000 $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS ❑ ❑ COMBINED SINGLE LIMIT (E. eccldenl) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS_ -MADE ❑ ❑ EACH OCCURRENCE $ AGGREGATE $ DEDUCTIBLE RETENTION $ $ $ WORKERS COMPENSATION ANDEMPLOYERS'LIABILITY YIN ANY PROPRIETORIPARTNEMEXECUTIVE OFFICERIMEMBER EXCLUDED? ❑ 1MandatorylnNH) l ye., describe under WC STATU- OTH- TORY LIMITS EACH ACCIDENT E.L.NIA❑ $ — E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES IAU..h ACORD 101, Additional Remark. Schedule, if mare space Is required) WITH RESPECT TO GENERAL LIABILITY, NAMED ADDITIONAL INSURED FROM August 06 2021 TO November 20th, 2021 is: The City of Santa Ana, its officers, employees, agents, volunteers & representatives for the location of: 1815 Carnegie Avenue, Santa Ana CA 92705 City of Santa Ana SHOULD ANY OF THE ABOVE DESCRIB y 4 PJAMlgwganenfDivi Risk Management Division EXPIRATION DATE THEREOF, NOTICE WIL e�+9' r? REVIEWED &APPROVED BY: 20 Civic Center Plaza 8 POLICY PROVISIONS. '� r 4 4*,eW Santa Ana, CA 92701 AUTHORIZED REPRESENTATIVE RUk Mana9emenTAl ly$t Iris Tay <iris.tay.mgms@statefarm.com> 9)1988- 2009 ACORD CORPORATION. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD 1001486 132849A 02-11-2010 Policy No. 92 EYM168 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CMP-4786.1 ADDITIONAL INSURED — OWNERS, LESSEES, OR CONTRACTORS (Scheduled) This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Policy Number: 92 EYM168 1 Named Insured: BRIAN PETERSON ART INC DBA FACES OF MANKIND 738 N SANTIAGO ST SANTA ANA CA 92701-3951 Name And Address Of Additional Insured Person Or Organization: CITY OF SANTA ANA RISK MANAGEMENT DIVISION 20 CIVIC CENTER PLAZA SANTA ANA, CA 92702 SECTION II — WHO IS AN INSURED of SECTION II — LIABILITY is amended to in- clude, as an additional insured, any person or organization shown in the Schedule, but only with respect to liability for "bodily injury", "property damage", or "personal and advertis- ing injury" caused, in whole or in part, by: a. Ongoing Operations (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf; in the performance of your ongoing opera- tions for that additional insured: 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; CMP-4786.1 Page 1 of 2 b. If coverage provided to the additional in- sured is required by a contract or agree- ment, the insurance provided to the additional insured will not be broader than that which you are required by the contract or agreement to provide for such addition- al insured; and c. If the contract or agreement between you and the additional insured is governed by California Civil Code Section 2782 or 2782.05, the insurance provided to the 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 2782.05 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 under this endorsement un- til a claim or "suit' is tendered to us. (c), Copyright, State Farm Mutual Automobile Insurance Company, 2013 Includes copyrighted material of Insurance Services Office, Inc., with its permission. CONTINUED w itae Wdon eManagannADiviel $lREVIEWED �& APPROVEDBMY: �aac a VtEthha. Risk Management Analyst. 2. Any insurance provided to the additional in- sured shall only apply with respect to a claim made or a "suit' brought for damages for which you are provided coverage. 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 insurance afforded to the additional insured, the following is added to Paragraph 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 practicable of an 'occurrence" or an of- fense 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; CMP-4786.1 Page 2 of 2 (3) The nature and location of any injury or damage arising out of the 'occur- rence" or offense; 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 make available any other insur- ance the additional insured has for de- fense or damages for which we would provide coverage under SECTION II — LIABILITY. 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 II — COMMON POLICY CONDITIONS: a. This insurance is primary to and will not seek contribution from any other insurance available to the additional insured, provided that the additional insured is a named in- sured under such other insurance. 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. (2) The names and addresses of any in- jured persons and witnesses; and All other policy provisions apply. CMP-4786.1 1007033 148011 08-21-2014 Copyright, State Farm Mutual Automobile Insurance Company, 2013 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Risk Maro8ml ttDivision fr gREmMD & �AjrrRovm Br. 8 •e i3 f 1Mf�Fst�k+2 0.,. `'.&rld(AIA.s L--�— Riik.Management Analyst Policy No. 92 EYM168 1 CMP-4787 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY CMP-4787 WAIVER OF TRANSFER OF RIGHTS OR RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Policy Number: 92 FYM168 1 Named Insured: BRIAN PETERSON ART INC DBA FACES OF MANKIND 738 N SANTIAGO ST SANTA ANA CA 92701-3951 Name And Address Of Person Or Organization: CITY OF SANTA ANA RISK MANAGEMENT DIVISION 20 CIVIC CENTER PLAZA SANTA ANA, CA 92702 The following is added to Paragraph 10.b. of SECTION I AND SECTION II — COMMON POLICY CONDITIONS: We waive any right of recovery we may have against the person or organization shown in the Schedule because of payments we make for injury or damage arising out of: a. Your ongoing operations; or b. "Your work' done under 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. All other policy provisions apply. CMP-4787 1006225 137715.1 11-19-2013 ©, Copyright, State Farm Mutual Automobile Insurance Company, 2008 Includes copyrighted material of Insurance Services Office, Inc., with its permission. „ """G WekMRnyganentAMelon i 1� REVIEWED&APPROVEDRY. 8 t fl11 Fir-04,w P. V:FG�,.�fk Risk management Analyst INFORMATION PAGE WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY INSURER: Trumbull insurance Company ONE HARTFORD PLAZA HARTFORD CT 06155 NCCI Company Number li96Kj Company Code: H `$Unix _ LARSRENEWAL L 1 POLICY NUMBER: 76 WED A_L4KRS r Previous Policy Number: New 1. Named Insured and Mailing Address: BRIAN PETERSON ART, INC (No., Street, Town, State, Zip Code) 738 N SANTIAGO ST SANTA ANA CA 92701 FEIN Number: 84-3115161 State Identification Number(s): The Named Insured Is: Corporation Business of Named Insured: Fine Arts Schools _ Other workplaces not shown above: 738 N SANTIAGO ST SANTA ANA CA 92701 2. Policy Period: From 04/21/21 To 04/21/22 ANNUAL 12:01 a.m., Standard time at the Insured's mailing address. Producer's Name: AP INTEGO INSURANCE GROUP LLC 375 WOODCLIFF DRIVE STE 103 FAIRPORT NY 14450 Producer's Code: 76250846 Issuing Office: THE HARTFORD BUSINESS SERVICE CENTER 3600 WISEMAN BLVD SAN ANTONIO TX 78251 (877) 287-1316 Total Estimated Annual Premium: $470 Deposit Premium: Policy Minimum Premium: $450 CA Audit Period: ANNUAL Installment Term! The policy is not binding unless countersigned by our authorized representative. Countersigned by Cam e 04/29/21 Authorized Representative Date Form WC 00 00 01 A (1) Printed In U.S.A. Page 1 Process Date: 04/29/21 Policy E aR knn M"entDiAdl a�NREVIEWED & APPRDVEQ BY: a FrM.::t.a � 1E4tl�na�E Rtck Mlnagen MAnalyst INFORMATION PAGE (Continued) Policy Number: 76 WEG AL4KRS 1 A. Workers Compensation insurance: Part one of the policy applies to the Workers Compensation Law of the states listed here CA B. Employers Liability Insurance: Part Two of the policy applies to work In each state listed in Item 3 A. The limits of our liability under Part Two are: Bodily injury by Accident $1,000,000 each accident Bodily injury by Disease $1,000,000 policy limit Bodily Injury by Disease $1,000,000 each employee C, Other States Insurance: Part Three of the policy applies to the states, if any , listed here: ALL STATES EXCEPT NORTH DAKOTA, OHIO, WASHINGTON, WYOMING, U.S.TERRITORIES AND STATES DESIGNATED IN ITEM 3.A. OF THE INFORMATION PAGE, D. This policy includes these endorsements and schedule: SEE ENDORSEMENT -WC 99 03 68 4. The premium for this policy will be determined by our Manuals of Rules, Classifications, Rates and Rating Plans All Information required below is subject to verifica#Ion and chance by audit. Premium Basis_....,__ Classifications Total Estimated Rates Per Estimated Code Number and Annual $too of Annual Description Remuneration Remuneration Premium Total Standard Premium Expense Constant Terrorism Risk Insurance Program Reauthorization Act Disclosure Endorsement Estimated Annual Premium (before Surcharges) Total Estimated Surcharges *See the attached Schedule(s) of Operations for Location and State Level Premium Information Total Estimated Annual Premium: $470 Deposit Premium: Policy Minimum Premium: $450 CA Interstate/intrastate Identification Number: Refer to Schedule of Operations NAICS: 611610 Labor Contractors Policy Number: SIC: 5231 Form WC 00 00 01 A (1) Printed in U.S.A. Page 2 Process Date: 04/29/21 Policy Expiration Dal $250 $200 $3 $453 $17 RN en,.,p wekMcnagementDivisan ♦ REVIEWED&APPROVED BY: s y rwnc+.rri�c �, (it�anae�t Rbk Management Analyst a MANKINDI-- To whom it may concern, I am writing this letter to verify that my one employee will not be working on the Navigation Mural. My employee will be staying in the office and will not be out in the location with me. The employee will not be on any lifts or painting. If you have any questions, you can contact me at (786) 543-7787. Sincerely, RO i 0 5 Ed /�' Brian Peterson Founder of Faces of Mankind „��.� R1eleMnnygementD[Weion REMEWED&APPRovm av: 00, CROP f�tiYrtFk�4 h. 4Nx 4A4�Fi. RIS Managemen[Analyst M AN HIND /) July 28, 2021 City of Santa Ana Risk Management Division 20 Civic Center Plaza Santa Ana, CA, 92702 RE: Auto Insurance Requirement Dear City of Santa Ana Risk Management Division: Brian Peterson Art Inc. has intent to enter into an engagement with the City of Santa Ana. Throughout the course of this agreement, Brian Peterson Art Inc. attests to the following: 3. Brian Peterson Art Inc. consultant/independent utilize their personal vehicle for transportation to and from work and if applicable carry their own automobile insurance. By signing below, I Brian Peterson attest that I possess the legal authority to enter into an agreement with the City of Santa Ana as well as the legal authority to attest to the statements above. If at any time it is found that Brian Peterson Art Inc. is not adhering to any/all statements in this document and has not provided the minimum Auto Liability insurance coverage of $1 million per occurrence, the contract will be considered null and void and the company will be held fully liable for any and all damages. r Brian Peterson Founder & CEO of Brian Peterson Art Inc. Brian Peterson Art Inc. (786) 543-7787 info&brianpetersonart.com RlekMmuAPPR4'VDM"k Dn �� ( r REVIEWED&APPRDVm BY: MIA"' xe rat a << Risk Maoagem nt MAYA PGA State Fann® Providing Insurance and Financial Services PO Box 853919 Richardson, TX 75085.3919 StateFarm A. Attached as requested are your replacement insurance identification cards. If the attached cards are not accepted by a law enforcement agency or your Department of Motor Vehicle office, please contact your agent to receive additional assistance. Thank you for choosing State Farm for your insurance needs, ----------------------------- --------------�-€ IMPORTANT - IDENTIFICATION CARDS STATE FARM StateFarm CALIFORNIA StateFarm THIS CARD MUST BE KEPT IN THE INSURED MOTOR a INSLTRANCLI CARD - s VEHICLE FOR PRODUCTION UPON DEMAND, MUTL VOL NUMBER 4667259.002.75C EFFECTIVE 8 MAKE TOYOTA APR 022021 TO OCT 022021 TACOMA VIN STMDZ5BNSJMG48947 R TAY INS AND FIN SVCS INC 3018-ACI r9491559.8866 NAIL 25178 PR VIDEO BY THE POLICY MEEK THE MINIMUM UABIUTY LIMITS 3ED BY LAW. 3E5 A WOOD G1000 H U U7 IF YOU HAVE AN ACCIDENT -NOTIFY THE POLICE IMMEDIATELY 1. Oct names, addressee, and phone numbers of persona Involved and witnesses. Also get driver license numbers of persona Involved and license plate iUlads rolststes of vehicles. 2. Can't admit fault car discuss the accident with anyone but State Farm or police. 3. Promptly notify your again, log on to statafarmoorl or use the State Farm mobile Asp to file a olmm. Far EMERGENCY RDAD SERVICE use the State Farm mobile epp,log m to mafefmmeom meet 1-077-MibFi1. EXAMINE POLICYEXOLUMONS CAREFULLY. THIS FORM DOES NOT CONSTITUTE ANY PART OF YOUR INSURANCE POLICY. How to Identify your coverage, See policy for full name and definition A Uabguy H Finargoncy load Service U Uninsured Motor Vehiclo C Medical Payments L Plypan Damage III Uninsured Motor Vehicle PO D Comprehensive RI Car Remalms Travel &menses Z Loss of Earnings O Collision S Oesth,Dismembermentond KEEP A CARD IN YOUR CAR. THIS CARD IS INVALID IF THE POLICY FOR WHICH TWAS ISSUED LAPSES OR IS TERMINATED. KEEP YOUR CURRENT CARD UNTIL THE EFFECTIVE DATE OF THIS CARD. ONE COPY OF THIS FORM SHOULD BE CARRIED IN THE VEHICLE AT ALL TIMES. THE FORM MAY BE NEEDED AS EVIDENCE OF INSURANCE IN COURT. SUBMIT ONE CARD, OR A PHOTOCOPY OF A CARD, WITH YOUR VEHICLE REGISTRATION RENEWAL Emergenry, Hand Service information is located on your Insurance card — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — —Masai StateFarm BRIAN A IMPORTANT - IDENTIFICATION CARDS STATE FARM CALIFORNIA Statefarm THIS CARD MUST BE KEPT IN THE INSURED MOTOR INSURANCE RANCE CARD I VEHICLE FOR PRODUCTION UPON DEMAND. e MUTL VOL NUMBER 4667259-DO2.75C EFFECTIVE 8 MAKE TOYOTA APR 022021 TO OCT 022021 TACOMA VIN STMDZ5BN9JM048947 R TAY INS AND FIN SVCS INC 301 f9491559-8866 NAIC 25178 g PROVIDED BV THE POLICY MEETS THE MINIMUM UABIDTY UMITS IF YOU HAVE AN ACCIDENT - NOTIFY THE POLICE IMMEDIATELY 1. Get named, addressee, and phone numbers of persona Involved and Wanness, Also get driver license numbers of persons Involved and license plate numberalstatee of vehicles. 2. Don't admit fault ar discuss the accident with anyone but State Farm or police. 3. Promptyy notifyy your agent, log onto dtatefarm.comOD, or use the Mae Farm mobile app to flle a a dku. For EMERGENCY ROAD SERVICE use the Slate Farm ambile app,log oa 1. abatelemmmnr, o, call 1-077.6 1b751. EXAMINE POLICYEXCLUSIONS CAREFULLY. THIS FORM DOES NOT CONSTITUTE ANY PART OF YOURIASURANCE POLICY. How to Identify yourcoverage. See policy for full name and definition A Liability H Emergency Road Service U Uninsured Motor Vehicle C Medical Payments L Physical Demege U111nissured Motor Vehicle PD D Comprehmnsive HI Car Rentoland Travel Won G Collision S Demh,Dismembermemend, Any, rcmrwgemenx umamn KEEP ACARD IN YOUR CAR. , ti. REVIEWED &APPROVED Sr. THIS CARD IS INVALID IF THE POLICY FOR WHICH IT WAS ISSUED LAPSES OR IS TERMINATE j Flpoa PZ. FY�uA4tA4t KEEP YOUR CURRENT CARD UNTIL THE EFFECTIVE DATE OF THIS ONE COPY OF THIS FORM SHOULD BE CARRIED IN THE VEHICLE AT ALL TIMES. THE FORM MAY BE NEEDED AS EVIDENCE Rule. Management Arlalysr SUBMIT ONE CARD, OR A PHOTOCOPY OF A CARD, WITH YOUR VEHICLE REGISTRATION RENEWAL 143295.3 (oleccald) 01-15.2018 Emergency Read Service Information Is located on Your insurance card. EXHIBIT A 11