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HomeMy WebLinkAboutFRIDA CINEMA, THE (6) INSURANCE NOT ON FILE N-2025-125 WORK MAY NOT PROCEED CITY CLERK DU E MAY 2 2 2025 RENTAL USE AGREEMENT WITH THE FRIDA CINEMA THIS AGREEMENT is made and entered into on this 12th day of May,2025 by and between The �N-01 Frida Cinema, a California nonprofit corporation("Theater"), and 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"). RECITALS A. The City desires to retain Theater for the screening of a film on May 24, 2025. B. Theater represents that it is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Theater represents that it is knowledgeable in its field and that any services performed by Theater under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terins and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Theater shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Theater agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit B. The total amount to be expended during the term of this Agreement shall not exceed$700.00. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Theater agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Theater agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided,the City will be authorized to deposit payments directly into Theater's account(s) with financial institutions. 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. 3. TERM This Agreement shall commence on the date first written above and continue through May Page 1 of 9 31, 2025,unless terminated earlier in accordance with Section 15,below. 4. INDEPENDENT CONTRACTOR Theater shall, during the entire term of this Agreement, be construed to be an independent Theater 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 Theater performs the services which are the subject matter of this Agreement; however, the services to be provided by Theater shall be provided in a manner consistent with all applicable standards and regulations governing such services. Theater shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. 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 Theater under this Agreement ("Documents & Data"). Theater 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. Theater represents and warrants that Theater has the legal right to license any and all Documents &Data. Theater makes no such representation and warranty in regard to Documents & Data which were provided to Theater by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Theater shall procure and maintain for the duration of the agreement, the following insurance coverages: Minimum Scope and Limit of Insurance. Theater shall maintain limits of insurance coverage in the following minimum amounts and shall be at least as broad as: ® 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 and$2,000,000 aggregate. • Workers' Compensation (WIC): 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, per employee, per policy for bodily injury or disease. This requirement can be waived if Theater has no employees. Page 2 of 9 If Theater maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Theater. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City, Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: • CGL policy: City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Permittee including materials, parts, equipment, and personnel furnished in connection with such work or operations. • CGL and W/C policies: Insurance company(ies) agrees to waive all rights of subrogation/recovery against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Permittee for City. 0 All required insurance policies: For any claims related to this contract, Permittee's insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers,officials,employees, agents,or volunteers shall not contribute with it. • All required insurance policies: A severability of interest provision must apply for all the additional insureds, ensuring that Permittee's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. • Each insurance policy required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten(10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment. • Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: (Name of Department Staff Responsible for Agreement), Address of. Department Responsible for Agreement, M-XX, Santa Ana, CA 92701. The name and event of location should be included in the Description of Operations section of each certificate. Self-Insured Retentions. Self-insured retentions must be declared to and approved by the City. City may require Theater 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. Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M. Best rating of no less than ANTI, unless otherwise acceptable to City. Page 3 of 9 Verification of Coverage. Permittee shall furnish City 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 all policy endorsements to Entity before work begins, However, failure to obtain the required documents prior to the work beginning shall not waive Permittee's obligation to provide them.City reserves the right to require complete,certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Sub-contractors. Theater shall require and verify that all sub-contractors maintain insurance meeting all the requirements stated herein, and Theater shall ensure that City is an additional insured on insurance required from sub-contractors. Special Risks or Circumstances. City reserves the right to modify these requirements, including limits,based on the nature of the risk,prior experience,insurer,coverage,or other special circumstances. 7. INDEMNIFICATION Theater 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 Theater, its subcontractors, agents, employees, or other persons acting on its 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 Theater 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 Theater's services are subject to Civil Code Section 2782,8,the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8,to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Theater shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent,trademark,or copyright infringement,including costs, contained in the work product or documents provided by Theater to the City pursuant to this Agreement. Page 4 of 9 9. RECORDS Theater shall beep records and invoices in connection with the work to be performed under this Agreement. Theater 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 Theater under this Agreement. All such records and invoices shall be clearly identifiable. Theater 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. Theater 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 Theater under this Agreement. 10. CONFIDEN)PIALITY If Theater receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Theater 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 Theater disclosed in a publicly available source; (c) is in rightful possession of the Theater without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Theater without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE a. Theater 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. b. No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as defined under the City's Municipal Code,whose position with the City shall award or influence the award of this Agreement, or any competing contract or amendment thereof, shall be employed in any capacity by the Theater or have any other direct or indirect financial benefit or interest in this Agreement. c. The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any former full-time employee for one-year from date of employee separation except for any Ca1PERS retiree as authorized by City Council resolution Page 5 of 9 d. The Theater must comply with all conflict of interest laws,ordinances, and regulations now in effect or hereafter to be enacted during the term of this (Contract, Agreement, or Grant). The Theater warrants that it is not now aware of any facts which conflict with the prohibitions defined above. If the Theater hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it must immediately mare full written disclosure of such facts to the City. Full written disclosure must include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances, Failure to comply with the provisions of this paragraph will be a material breach of this Agreement. e. Theater covenants that none of its directors, officers, employees, or agents shall participate in selecting or administrating any subcontract supported(in whole or in part) by City funds stemming from the Agreement where the awarding of the subcontract has any direct or indirect financial benefit or interest to any individual, as defined in subsections (b) and(c) above. 12. NON-DISCRIMINATION Theater shall not'd.iscriminate 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. Theater affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Theater, 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 Theater. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Theater 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 is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Theater, Theater 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 Page 6 of 9 be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Theaters retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Theater shall be entitled to receive and the City shall pay Theater compensation for all services performed by Theater 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 Theater to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Theater consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 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 writing so specifies. 17. 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. 18. PROFESSIONAL LICENSES Theater 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. Theater 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. 19. NOTICE Any notice,tender, demand, delivery, or other communication pursuant to this Agreement Page 7 of 9 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: City Clerk City of Santa Ana 20 Civic Center Plaza(M-30) P.O, Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Executive Director, Library Services Department City of Santa Ana 20 Civic Center Plaza(M-75) P.O. Box 1988 Santa Ana, California 92702 To Theater: The Frida Cinema Attn: Logan Crow, Executive Director 305 E. 41h Street Santa Ana CA 92701 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, duly 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 purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. 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 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. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. Page 8 of 9 SIGNATURE PAGE TO RENTAL USE AGREEMENT WITH THE FRIDA CINEMA IN WITNESS WHEREOF,the parties hereto have executed this Agreement the date and year first above written. ATTEST: _ } CITY OF TA ANA � ennifer Hal Alvaro Nunez City Manager APPROVED AS TO FORM: SONIA R. CARVALHO THE FRIDA CINEMA City Attorney By: onathan T. Martinez Logan Crow Assistant City Attorney Executive Director RECOMMENDED FOR APPROVAL: Brian Sternberg Executive Director Library Services Department Page 9 of 9 EXHIBIT A SCOPE OF SERVICES SCOPE OF SERVICES VENDOR INFORMATION: Name: The Frida Cinema(Logan Crow) Address: 305 E, 4t' Street Phone Number: 323.428.7411 Email Address: logan@thefridacinema.org EVENT: Rental for screening of New Wave Documentary LOCATION: The Frida Cinema, 305 E. 0 St. #100, Santa Ana, CA 92701 TERM: One-time event: Saturday, May 24, 2025 COMPENSATION: $700.00 DESCRIPTION: The Frida Cinema will rent us the space for the screening of the New Wave documentary.The documentary will be conducted in person at The Frida Cinema in Santa Ana. It will be hosted by Tony Lam, Senior Librarian and Principal Librarian Patty Lopez. The presentation is free and everyone can.attend. It will.take place one time on Saturday, May 24, 2025 from 2:00 p.m. - 6:00 p.m. at The Frida Cinema, She will be compensated$700.00 for her presentation. EXHIBIT B Invoice 5544 Docusign Envelope ID:C56AF2FA-13DE-4A41-98AF-F56CB0890C22 INVOICE Date: 4/16/25 Invoice #: 5544 To: Patricia Lopez, Principal Librarian-Adult services, Santa Ana Public Library Issued via email to: plopez@santa-ana.org Program 1 Event: Frida Cinema Rental for New wave Documentary Date(s) & Time(s): Saturday, May 24th, 2025 from 2PM-6pM Single or Dual Auditorium Event? Single Rental Fee now due and payable: $700 (Payable online via this invoice and agreement with any major credit card, or via ACH bank transfer) If you would prefer to pay by check, please make arrangements to ensure check is delivered within five days of execution of this agreement to: The Frida Cinema Attn: Martin Nguyen 305 E. 4th Street STE 100 Santa Ana, CA 92701 Don't hesitate to reach out should you have any questions or additional needs -- we are standing by to assist you, and look forward to working with you to ensure your event is smooth and successful. Trevor Dillon, Dir. Programming & Special Events 1 (714) 348-6747 1 trevor@thefridacinema.org THEFRIDACINEMA.ORG FACEBOOK I TWITTER I INSTAGRAM @THEFRIDACINEMA The Frida Cinema is a 501(c)(3)not-for-profit organization and art house theater dedicated to enriching,connecting, and educating audiences through the art of cinema. Federal Tax ID 21-0950151. We thank you holding your event at The Frida Cinema! - ------ - ---- Frida Cinema - Rental Agreement APPVD AS TO FORM Final Audit Report 2025-05-14 Created: 2025-05-13 By: Dylan Dario(ddario@santa-ana.org) Status: Signed Transaction ID: CBJCHBCAABAAW7oXEA65BFWw27dgeTRtKJZJUmVKGZ14 "Frida Cinema - Rental Agreement APPVD AS TO FORM" Histo ry `l Document created by Dylan Dario (ddario@santa-ana.org) 2025-05-13-5:41:18 PM GMT §• Document emailed to Brian Sternberg (bsternberg@santa-ana.org) for signature 2025-05-13-5:41:24 PM GMT F Email viewed by Brian Sternberg (bsternberg@santa-ana.org) 2025-05-13-5:41:38 PM GMT o Document e-signed by Brian Sternberg (bsternberg@santa-ana.org) Signature Date:2025-05-13-5:59:39 PM GMT-Time Source:server Document emailed to Logan Crow(logan@thefridacinema.org) for signature 2025-05-13-5:59:41 PM GMT Email viewed by Logan Crow(lagan@thefridacinema.org) 2025-05-14-5:22:34 PM GMT dQ Document e-signed by Logan Crow(logan@thefridacinema.org) Signature Date:2025-05-14-5:23:18 PM GMT-Time Source:server 10 Agreement completed. 2025-05-14-5:23:18 PM GMT Adobe Acrobat Sign A�" CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 04/29/2025 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 endorsement(s). PRODUCER CONTACT Keir Jones NAME: PHONE StateFarm Keir Jones A/CNo Ext: 562-433-5573 FAX No): 5150 E.Colorado Street E-MAILD SS:: keir.jones.ug42@statefarm.com INSURER(S)AFFORDING COVERAGE NAIC# Long Beach CA 90814 INSURERA: State Farm General Insurance Company 25151 INSURED INSURER B: THE FRIDA CINEMA INSURER C7 305 E 4TH ST STE 100 INSURER D: INSURER E: SANTA ANA CA 927014639 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. INSR TYPE OF INSURANCE ADD SUB POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MM/DD/YYYY MM/DD/YYYY X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 RENTED CLAIMS-MADE �OCCUR PREM A AGEO SESEa occurrence, ccurrrence $ 300,000 MED EXP(Any one person) $ 10,000 A Y Y 92-E6-S488-3 12/08/2024 12/08/2025 PERSONAL&ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 PRO- PRODUCTS-COMP/OPAGG $ 4,000,000 POLICY JECT X LOC OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY Per accident $ AUTOS ONLY AUTOS ( ) HIRED NON-OWNED AUTOS ONLY AUTOS ONLY Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER $ ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The Frida Cinema is renting the Santa Ana Public Library a space to screen the documentary New Wave.The screening is free and everyone can attend.They will be compensated for the rental fee. Tu Tran Digitally signed by Tu Tran Nguyen Nguyen 151754�0'00° APPROVED By Tu Tran Nguyen at 3:17 pm,May 20,2025 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Library Services Agency—Dylan Dario M-42 AUTHORIZED REPRESENTATIVE 20 Civic Center Plaza Santa Ana CA 92702 � Thls form was system-generated on 04/29/2025 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 1001486 2005 155279 205 01-19-2023 AI C)" CERTIFICATE OF LIABILITY INSURANCE DATE MIDD/YYYY) 05/14/20214/2025 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 endorsement(s). PRODUCER CONTACT Paychex Insurance Agency,Inc. PAYCHEX INSURANCE AGENCY, INC. A/C NNo Ext: 877-266-6850 FAAic No: 225 KENNETH DRIVE E-MAIL a ROCHESTER, NY 14623 ADDRESS: FlexCerts @P Ychex.com INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:Technology Insurance Company 42376 INSURED INSURER B The Frida Cinema INSURER C: 305 East 4th Street Ste 100 INSURER D Santa Ana, CA 92701 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. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE 1:1OCCUR PREMISES Ea occurrence) ccurrrence $ MED FRCP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY D PRO- JECT LOC -PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER A ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? � NA Y TES4453968 07/25/2024 07/25/2025 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) Waiver of Subrogation granted in favor of the certificate holder. APPROVED By Tu Tran Nguyen at 3:17 pm,May 20, 2025 CERTIFICATE HOLDER CANCELLATION City of Santa Ana Attn:Library Services Agency—Dylan Dario SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 20 Civic Center Plaza THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN M-42 ACCORDANCE WITH THE POLICY PROVISIONS. Santa Ana, CA 92701 AUTHORIZED REPRESENTATIVE ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Policy NO. 92 E6S488 3 CMP-4860.1 Page 1 of 2 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 305 E 4TH ST STE 100 SANTA ANA CA 92701-4639 Name And Address Of Additional Insured Person Or Organization: CITY OF SANTA ANA, ITS CITY COUNCIL, OFFICERS, OFFICIALS, EMPLOYEES, AGENTS AND VOLUTEERS 20 CIVIC CENTER PLZ FL 4TH SANTA ANA CA 92701 4058 1. SECTION II — 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. ©,Copyright,State Farm Mutual Automobile Insurance Company,2013 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. CONTINUED CM P-4860.1 Page 2 of 2 2. Any insurance provided to the additional in- (3) The nature and location of any injury sured shall only apply with respect to a claim or damage arising out of the "occur- made or a "suit' brought for damages for rence" or offense; which you are provided coverage. This endorsement shall not increase the ap- b. Tender the defense and indemnity of any plicable Limits Of Insurance shown in the claim or "suit" to us and to all other insur- Declarations. ers who may have insurance potentially available to the additional insured; and 3. With respect to the insurance afforded to the additional insured, the following is added to c. Agree to make available any other insur- SECTION II — LIMITS OF INSURANCE: ance the additional insured has for de- If coverage provided to the additional insured fense or damages for which we would is required by contract or agreement, the most provide coverage under SECTION II we will pay on behalf of the additional insured LIABILITY. will be the lesser of the amount of insurance: 5. With respect to the insurance afforded the ad- a. Required by the contract or agreement; or ditional insured, the following replaces SEC- b. Available under the applicable Limits Of TION II — LIABILITY of Paragraph 7. Other Insurance shown in the Declarations. Insurance of SECTION I AND SECTION II — COMMON POLICY CONDITIONS: This endorsement shall not increase the ap- This insurance is primary to and will not plicable Limits Of Insurance shown in the a. Declarations. seek contribution from any other insur- ance available to the additional insured, 4. With respect to the insurance afforded to the provided that the additional insured is a additional insured, the following is added to named insured under such other insur- Paragraph 3. Duties In The Event Of Occur- ance. rence, Offense, Claim Or Suit of SECTION II —GENERAL CONDITIONS: b. Regardless of any agreement between The additional insured must: you and the additional insured, this insur- a. See to it that we are notified as soon as ance is excess over any other insurance practicable of an "occurrence" or an of- whether primary, excess, contingent or on fense which may result in a claim. To the any other basis for which the additional in- extent possible, notice should include: sured has been added as an additional in- (1) How, when and where the "occur- sured on other policies. rence" or offense took place; There will be no refund of premium in the event (2) The names and addresses of any in- this endorsement is cancelled. jured persons and witnesses; and All other policy provisions apply. CMP-4860.1 1007042 148020 08-26-2014 ©,Copyright, State Farm Mutual Automobile Insurance Company,2013 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. 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 E6S488 3 Named Insured: THE FRIDA CINEMA 305 E 4TH ST STE 100 SANTA ANA CA 92701-4639 Name and Address of Person or Organization: CITY OF SANTA ANA, ITS CITY COUNCIL, OFFICERS, OFFICIALS, EMPLOYEES, AGENTS AND VOLUTEERS 20 CIVIC CENTER PLZ FL 4TH 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 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. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2%of the California workers'compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description Any person or organization as required by written contract. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 7/25/2024 Policy No. TES4453968 Endorsement No. 2 Insured The Frida Cinema Premium $ 8,258 Insurance Company Technology Insurance Company, Inc. Countersigned by WC 04 03 06 (Ed. 04-84)