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HomeMy WebLinkAboutFRIDA CINEMA, THE (14)INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES 2� - ZI.2�z3 CLERK OF COUNCIL DATE N N-2022-212 o AGREEMENT WITH THE FRIDA CINEMA TO PROVIDE OUTDOOR MOVIE SERVICES CD THIS AGREEMENT is made and entered into this 29th day of July 2022, by and between The ¢ Frida Cinema, a California 501(c)(3) nonprofit company ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and ( Qlaws of the State of California ("City"). 0. icX�vi'e.��) I RECITALS A. The City desires to retain a contractor to provide equipment and services for the City's Birch Summer Series and October Series outdoor movie programming. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. 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: SCOPE OF SERVICES a. Contractor shall, during the term of this Agreement, provide the equipment and services as further described and set forth in Exhibit A, attached hereto and incorporated in full. b. City grants Contractor the right to enter its property for the purpose of delivery, set- up, operation, and pick-up on the days of the scheduled events. C. The equipment shall be disassembled and removed by Contractor at the conclusion of each event. d. The City reserves the right to administratively change event locations and dates upon mutual written agreement between the parties. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit A. The total amount to be expended under this Agreement shall not exceed Twenty -Two Thousand Six Hundred Sixty Dollars and Zero Cents ($22,660.00). This sum is comprised of (1) a base amount of $20,600 and (2) a ten percent (10%) contingency of $2,060 for Page 1 of 10 services at the sole discretion of the City. b. Payment of deposit of half of invoiced amount for the Birch Summer Series, Five Thousand One Hundred Fifty Dollars and Zero Cents ($5,150.00), shall be processed upon execution of Agreement and receipt of invoice by City. C. Remaining balance for the Birch Summer Series of Five Thousand One Hundred Fifty Dollars and Zero Cents ($5,150.00) shall be paid prior to September 1, 2022. d. Payment of deposit of half of invoiced amount for the October Series, Five Thousand One Hundred Fifty Dollars and Zero Cents ($5,150.00), shall be paid by September 29, 2022. e. Remaining balance for the October Series of Five Thousand One Hundred Fifty Dollars and Zero Cents ($5,150.00) shall be paid prior to November 4, 2022. Payment need not be made for work that fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. 3. TERM This Agreement shall commence on August 5, 2022 and terminate on December 31, 2022, unless terminated earlier in accordance with Section 17, below. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social Page 2 of 10 security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data that were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below for the duration of this Agreement: a. Minimum Scope and Limit of Insurance I. 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: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non -owned autos (Code 9), with a limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: 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. 4. Broader Coverage: if the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance Page 3 of 10 proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. b. Other Insurance Provisions 1. Additional Insured Status: The City, 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 Contractor 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 Contractor's insurance (at least as broad as ISO Form CG 20 10 1185 or if notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 2037 if a later edition is used). 2. Primary Coverage: For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. 4. Waiver of Subrogation: Contractor hereby grants to City a waiver of any right to subrogation that any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor 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 City has received a waiver of subrogation endorsement from the insurer. Self -Insured Retentions: Self -insured retentions must be declared to and approved by the City. The City may require the Contractor 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 City. 6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Page 4 of 10 Best's rating of no less than A:VII, unless otherwise acceptable to the City. Verification of Coverage: Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 8. Subcontractors: Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. 9. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of therisk, prior experience, insurer, coverage, or other special circumstances. 8. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section Page 5 of 10 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor represents and warrants that it has obtained the requisite licenses to show the films contemplated by this Agreement. Contractor further agrees to defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care, "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Page 6 of 10 Agreement. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714- 647-6956 Executive Director Parks, Recreation, and Community Services Agency City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, CA 92702 To Contractor: The Frida Cinema Attn: Logan Crow, Executive Director 305 E. 4th Street #100 Santa Ana, CA 92701 323-428-7411 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duty registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For pin -poses of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other Page 7 of 10 instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services that are the subject to this Agreement performed by City personnel or by other contractors retained by City. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the whiting so specifies. 17. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case, such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work that fails to meet the standaid of performance specified in the Recitals of this Agreement. 18. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply Page 9 of 10 with all applicable federal, state and local laws and regulations. 19. JURISDICTION -VENUE 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. 20. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 21. MISCELLANEOUS PROVISIONS a. 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 terns 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. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA Daisy Gomez 0 Clerk of the Council Kristine Ridge City Manager [signatures continued on next page] Page 9 of 10 APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: trandon Salvatierra Deputy City Attorney Hawk Scott Executive E Parks, Rem '1 M I► NA Logan Crow Executive Director Services Agency Page 10 of 10 M-1 '-- _Cr__.OUTDOOR CINEMA & MUSIC AT BIRCH PARK ARTS, CULTURE & COMMUNITY: UNDER THE STARS The Frida Cinema is a 501(c)(3) mission -driven nonprofit art house theater that has complemented its in-house programming with outdoor film and special event presentations since 2014, including drive-in presentations and garden -style screenings at parks, historic cemeteries, and parking lot rooftops such as the 5th & Spurgeon parking lot in Downtown Santa Ana. Upon the arrival of COVID-19, these outdoor events served to fill an immediate need, welcoming folks of all ages to rejoin their community and go back to the movies in a safe setting. We believe in the enduring power of cinema and the arts to bring communities together for entertainment, enrichment, and inspiration. We are pleased and grateful to present the following proposal for a series of films at Downtown Santa Ana's Birch Park, which will be presented free -of -charge to our community. Each film will be preceded by live music. DATES The following proposal is for a series of eight (8) outdoor cinema nights in Birch Park. These will take place every Friday night in August, 2022, with a focus on family classics; and every Friday night in October, 2022, with a focus on the HalloweenlDia de Muertos season. SERVICES PROVIDED BY THE FRIDA CINEMA In service for each of these events, for the fee below The Frida Cinema will provide: • Full production of both the music and film projection elements of the event. This includes providing and running all materials necessary for both elements: o two EV ZLX15P powered speakers, and all necessary cables o microphones and mic stands (enough as needed for scheduled talent) o sound mixer 0 26' inflatable screen and blower o Epson laser projector o Oppo media player o power generator • Staffing for both music and film elements of the events, including setup, production of the event itself, and breakdown. • Handling proper licensing rights for the films, issuing payment to distributors, and preparing and submitting any post -event reporting to distributors as may be needed. • Marketing support for all events, by means of our website, newsletter, and social media accounts, which collectively have a current following of 75,300. • Coordinating and booking musicians (if desired). • Consistent communication and collaboration with Parks and Recreation in the shared goal of identifying further features and ideas that would make these events even more dynamic for guests. • Media support for preparation of pre -show slides (City announcements and recognitions, etc.) FEE FOR SERVICES (COMPREHENSIVE FOR BOTH MUSIC & FILM ELEMENTS, INCLUDING CONTRACTORS, PARTNERS, STAFFING, EQUIPMENT, AND LICENSING) For each of these events, The Frida Cinema will charge a reduced $2,575 to serve as AIV Vendor for both the music and film elements of the event. This breaks down as follows, per event (total for eight events: $20,600): - $1,500: labor, film element (screen setup and breakdown, A/V production and management throughout) - $300: labor, music element (booking talent, setup of mics and stands and monitors, running sound) - $250: payment to musician (assuming one opening act) - $375: film licensing - $150: fifty (50) small popcorns (bags and popcorn) Inconsideration of reduction in pricing, The Frida Cinema also requests the ability to place our 10x10 vendor canopy on site, and sell popcorn, soft drinks, and candy to guests. FIFTY SMALL POPCORNS PER EVENT As referenced in the budget above, The Frida Cinema will provide fifty (50) small bagged popcoms to the first 50 guests at each of our eight events, as a means to incentivize early arrival. Standard sales of popcorn will commence after these 50 have been handed out. TENTATIVE TITLES Upon confirmation from Parks and Recreations, the films presented will be: August 5th - RAIDERS OF THE LOST ARK August 12th - THE GOONIES August 19th - THE PRINCESS BRIDE (availability pending) August 26th - SELENA (in partnership with City of Santa Ana's Chicano Heritage Month) October films to be determined, but will focus on horror classics with minimal graphic content to allow for a wider range of audience ages. ADDITIONAL PARTNERS We believe that more event partners means more marketing support, more exposure, and more opportunities for exciting additional features to events, and we will work to identify additional community partners who may serve to complement these events. For now, we are excited to have potential partners in the National Endowment of the Arts (October series); Santa Ana community arts organization Kilson Street (music element of the events); and the City of Santa Ana's Chicano Heritage Month festivities (Selena screening). THANK YOU! I once again thank you for the opportunity to submit this proposal, and to continue to work with the City of Santa Ana to develop and produce exciting, accessible, and culturally -enriching opportunities for our neighbors to come together in community and enjoy the arts. I am standing by to answer any questions you may have, and look forward to continuing to work with you! - Logan Crow, Executive Director. logan thefridacinema.om. (323) 428-7411 Photos of Previous Frida Cinema Outdoor Film Screenings Movies on the Roof - Downtown Santa Ana 'i all t ll• I . ACORO® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYI/Y) 1 161/ 08/03/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. 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 lieu of such endorsements . PRODUCER CONTACT Eddie Quiilares NAME: StateFaIM EDDIE QUILLARES PHONE 714-617-7150 FAX Np: 714-617-7158 415 INBROADWAY no ales: eddie@eddieginsurance.ccm INSURERS AFFORDING COVERAGE NAIC k ® SANTA ANA, CA 92701 INSURER A: State Farm Mutual Automobile Insurance Company 25178 INSURED INSURER a : THE FRIDA CINEMA INSURER C: 305 E 4TH ST STE 100 INSURER D: SANTA ANA, CA 92701-4639 INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: 75-0450 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, ILTR TYPE OF INSURANCE ADDL SUER POLICYNUMBER POLICY EFF IMMIDDNYYYI POLICY EXP MJDO1frVYI LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR EACH OCCURRENCE $ PREMI ETORENTED PREMISES E NTE anca $ MED EXP My one arson) $ PERSONAL S ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY El JEa LOC GENERAL AGGREGATE $ PRODUCTS -COMPIOP AGG $ $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ee acotlent $ BODILY INJURY (Pan person) $ 1,000,000 A ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS 6525736-C21-75 03/21/2022 03/21/2023 BODILY INJURY (Par accident ) $ 1,000,000 HIRED NON -OWNED AUTOS ONLY X AUTOS ONLY PROPERTY DAMAGE P acddent $ 1,000,000 UMBRELLA LIAR OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION$ $ WORKERS COMPENSATION ANDEMPLOYERS'LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? NIA I PER OTH- STATU'r OR E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Santa Ana its officers, agents, employees and volunteers are named as additional insured. Certificate of Insurance shall provide thirty (30) day prior written notice of cancellation. CITY OF SANTA ANA RISK MANAGEMENT 20 CIVIC CENTER PLAZA, 4TH FLOOR SANTA ANA ACORD 25 (2016103) CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 1988-2015 ACORD CI The ACORD name and logo are registered marks of ACORD . RNLMmr�nmlDWlmt REVIEWED$ APPROVED BV: T� Jake Risk Management Analyst A� o® CERTIFICATE OF LIABILITY INSURANCE oAl2/17/2021 l 12/17/2021 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 lieu of such endorsement(s). PRODUCER KEIR JONES STATE FARM StateFarm 5150 E COLORADO ST LONG BEACH CA 90814 •. CONTACT NAME: MELISSA WRIGHT PNONE 562-433-5573 ac Ne:962-433-5574 NESs: MELISSAQKEIRJONES.COM INSURERS AFFORDING COVERAGE NAICe INSURER A State Farm General Insurance Company 25151 INSURED THE FRIDA CINEMA 305 E 4TH ST STE 100 SANTA ANA CA 92701 INSURER B: 25178 INSURERC: NSURER D INGURER E INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMRER- 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. I TR TYPE OF INSURANCE ADOL SUBR POUCYNUMBER POLICY EFF flaiwoorryyyi POLICY UP mavnn LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE F OCCUR Y Y 92-E6-S488.3 12/08/2021 12/08/2022 EACH OCCURRENCE $ 2,000,000 T RENTED -UAWAMISESEs PREacwnence $ 300,000 MED UP area erson) $ 10,000 PERSONAL S ADV INJURY $ 2,000,000 AGGREGATE LIMIT APPLIES PER: POLICY JEST LOC GENERAL AGGREGATE $ 4,000,000 GEN'L X PRODUCTS -COMPIOPAGG $ OTHER: Personal Property $ 20.000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMB Ea acddenl $ BODILY INJURY (Par person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY Per ecdtlenl $ NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE ParecddenI $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LABCLAIMS-MADE DED I I RETENTION$ $ WORKERS COMPENSATION IPER OTH- AND EMPLOYERS' LIABILITY YIN STATUTE ER E.L. EACH ACCIDENT $ ANY PROPRIETORIPARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? ❑ NIA E.L. DISEASE -EA EMPLOYE $ (Mandatory In NH) eyes, describe under DE SCRIPTION OF OPERATIONSIW. E.L. DISEASE -POLICY LIMIT $ NON -FOR -PROFIT ORGANIZATION LIABILITY POLICY INCLUDING EMPLOYMENT PRACTICES LIABILITY COVERAGE DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional sentence Schedule, may be attached N more space is required) City of Santa Ana Is named as additionally insured on this policy pursuant to written contract, agreement, or memorandum of understanding. Such insurance as afforded by this policy shall be primary, and any Insurance carried by the City shall be excess and non-contributory. If we cancel this policy, we will give written notice as least 10 days before the effective date of cancellation if we Cancel for nonpayment of premium or 30 days before effective date of Cancellation if we cancel for any other reason. CERTIFICATE CITY OF SANTA ANA RISK MANAGEMENT DIVISION 20 CIVIC CENTER PLAZA 4TH FLR SANTA ANA CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2014 ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD v'g�on'xfa c R EWED pBovEGBY: 7*"p JACA ® Rbk Management Analyst ACC)RbF CERTIFICATE OF LIABILITY INSURANCE #*� DATE(MMIDD/ ) 1 07/07/2022 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 lieu of such endorsement(s). PRODUCER METRO COAST INSURANCE 2659 State St, # 1029 Carlsbad, CA 92651 CONTACT NAME: PHONE Ext) ,949-236-6399 nlc rve: 1-866-781-4141 EMAIL JACOB JUSTINSURANCEAZ.COM ADD Ss: INSURE S AFFORDING COVERAGE NAIC# INSURER A: TRAVELERS 13579 INSURED The Frida Cinema 305 E 4th St, #100 Santa Ana, CA 92701 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. ILTR TYPE OF INSURANCE ADDLSUSR POLICYNUMBER POLICY EFF MWDDNYYY POLICY EXP MMIDD LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea accunance $ MED EXP Any one parson $ CLAIMS -MADE ❑ OCCUR PERSONAL BADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMPIOPAGG $. POLICY PRO- LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident BODILY INJURY (Par person) $ ANYAUTO ALL OWNED SCHEDULED AUTOS AUTOS P BODILY INJURY (Par accident) ) $ NON -OWNED HIREDAUTOS AUTOS(Peraccident) PROPERTY DAMAGE $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DEO I I RETENTION$ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROMEMBEREXCLUDR�EXECUTIVEYIN REXCLUOED4 OFFICERr, NIA UB-OR34080A-21-42-G 3/251202203/25/2023E.L. X WC STATU- OTH- 1,000,000 EACH ACCIDENT $1000000 E.L. DIEEASE-EA EMPLOYE $1 OOO OOO InN NH) If yes MD 0 yes, descdbe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Adach ACORD 101, Additional Remarks Schedule, If more space Is required) CITY OF SANTA ANA RISK MANAGEMENT DIVISION 20 CIVIC CENTER PLAZA SANTA ANA, CA 92702 ACORD 25 (2010105) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE I JACOB MIZYSAK, OWNER/BRO� i3 REVIEwED6APPRovo7 BY: ©1988-2070 ACORD C ! Tucy J&4 The ACORD name and logo are registered marks of ACORD', �� Risk Management Analyst CG Policy No. 92 E6S488 3 288A—FB2C THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY CMP-4860.1 ADDITIONAL INSURED — DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Policy Number: 92 E6S488 3 Named Insured: THE FRIDA CINEMA C/O LOGAN CROW 305 E 4TH ST STE 100 SANTA ANA CA 92701-4639 Name And Address Of Additional Insured Person Or Organization: CITY OF SANTA ANA ATTN RISK MANAGEMENT DIVISION 20 CIVIC CENTER PLZ FL 4 SANTA ANA CA 92701 4058 CMP-4860.1 Page 1 of 2 1. SECTION 11 — WHO IS AN INSURED of b. If coverage provided to the additional in - SECTION II — LIABILITY is amended to in- sured is required by a contract or agree- clude, as an additional insured, any person or ment, the insurance provided to the organization shown in the Schedule, but only additional insured will not be broader than with respect to liability for "bodily injury', that which you are required by the con - "property damage', or "personal and advertis- tract or agreement to provide for such ad- ing injury" caused, in whole or in part, by: ditional insured; and a. Premises And Ongoing Operations c. If the contract or agreement between you Your acts or omissions or the acts or and the additional insured is governed by omissions of those acting on your behalf: California Civil Code Section 2782 or 2782.05, the insurance provided to the (1) In connection with your premises; or additional insured is the lesser of that (2) In the performance of your ongoing which: operations; or (1) Is allowed for the satisfaction of a de- b. Products —Completed Operations fense or indemnity obligation by Cali - "Your work" performed for that additional fornia Civil Code Section 2782 or insured and included in the "products- 2782.05 for your sole liability; or completed operations hazard". (2) You are required by contract or However, Paragraph 1. above is subject to the agreement to provide for such addi- following: tional insured. a. The insurance afforded to the additional We have no duty to defend or indemnify the insured only applies to the extent permit- additional insured under this endorsement un- ted by law; til a claim or "suit' is tendered to us. O, Copyright, State Farm Mutual Automobile Insurance Company, 2013 Includes copyrighted material of Insurance Services Office, Inc., with Its permission. CONTINUED RiitMwVnvdD'bW= „ REVIEWED 6 APPRO BY: 9; go T Jrcofn 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. 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 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; (2) The names and addresses of any in- jured persons and witnesses; and CMP-4860.1 CMP-4860A 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 insur- ance available to the 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. 1007042 148020 08-26-2014 ©, Copyright, State Farm Mutual Automobile Insurance Company, 2013 Includes copyrighted material of Insurance Services Office, Inc., with its permission. liidehlotagnrivd llbiian � , RwV m&APPRQV Dft T JO;C44 ® Risk Management Anay5t CG Policy No. 92 E6S488 3 288A—FB2C 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 EGS488 3 Named Insured: THE FRIDA CINEMA C/O LOGAN CROW 305 E 4TH ST STE 100 SANTA ANA CA 92701-4639 Name And Address Of Person Or Organization CITY OF SANTA ANA ATTN RISK MANAGEMENT DIVISION 20 CIVIC CENTER PLZ FL 4 SANTA ANA CA 92701 4058 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 0, Copyright, State Farm Mutual Automobile Insurance Company, 2008 1006225 137715.1 11-19-2013 Includes copyrighted material of Insurance Services Office, Inc., with its permission. If.'yY �pe°4.R EvvEOMwfiMr�rsovm Br � ® Risk Management Analyst