HomeMy WebLinkAboutZAO ART, INC. INSURANCE ON FILE
WORK MAY PROCEED
N-2025-229
U�N`Th,.!N5iI ft'1: EEXF'Iie
CJT'i CLEFE;
DATL. S E P a 9 2025
o:c�A(4) CITY OF SANTA ANA ARTIST AGREEMENT WITH ZAO ART, INC.
TOMLe,(9Z) FOR SAHUAYO SISTER CITY MURAL
This Artist Agreement ("Agreement") is made and entered this 25th of August, 2025, 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 ZAQ
Art, Inc., a California corporation ("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 render an 20ft x 60ft painted mural ("Artwork") on
the wall located on the south-facing exterior of Garage 1315th & Spurgeon
(overlooking Calle Cuatro Plaza) at the City-owned property, 300 E. 5th Street
("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 they
are skilled and knowledgeable in the arts and culture arena and that the Artwork
created hereunder 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 the date first written above and
expire on July 28, 2026, unless terminated earlier in accordance with this Agreement. The
term of this Agreement may be extended 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 Twenty Four
Thousand, Seven Hundred, Fifty Dollars and Zero Cents ($29,250.00).
2.2. Artist will be paid in two (2) installments. First payment will be half of the funding
amount provided above, or $14,625, and will be provided upon the full execution of the
Agreement by the parties and City's receipt of an invoice from Artist, subject to City
accounting procedures. The second and final payment will include the remaining
amount of $14,625 and will be issued within thirty (30) days after the Artist completes
the Artwork and submits to the City all the proper invoices and final report for the
Artwork.
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, and to be reimbursed the initial payment, if Artist's performance is
determined to be insufficient or unacceptable in the City's sole discretion.
2.4. City represents that there is no correlation or connection between its selection of
individuals for funding and an individual's business relationship or potential business
relationship with City.
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, fabricate, transport and install
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 installation of the Artwork, trash and debris
shall be removed and cleaned up on a daily basis. Artist shall place a drop cloth or similar
barrier on the ground below the Artwork while installation is underway, which barrier shall
be removed each day upon completion of an installation session.
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. If the Artwork is a mural, it must be covered in an anti-graffiti coating at the Artist's
expense.
3.10. Should the Artwork be defaced and/or not repaired, maintained, preserved, and/or
conserved, the City has the option to repair, maintain, preserve, and/or conserve the
Artwork, or alternatively, the City as the sole authority to remove, alter, or remove the
Artwork.
3.11. Artist will have first right of refusal to restore said Artwork. If Artist is unwilling to
perform or unable to perform within a reasonable time, the City has the right to request
the services needed from a different artist.
3.12. The City holds all rights to art on City property and, as such, the Artwork may be
removed at the sole discretion of the City or as otherwise agreed upon with Artist.
4. Visual Artists Rights Act Waiver
4.1. The Artwork described herein may be a "work of visual art," subject to the federal
Visual Artists Rights Act of 1990, 17 U.S.C. §§106A and 113(d) ("VARA"). This
Agreement is intended to modify and replace the Artist's moral rights as set out in VARA,
and any similar rights arising under United States federal or state law (including but not
limited to California's Art Preservation Act) or under the laws of another country that
convey rights of the same nature as those conveyed under VARA, to the extent that any
portion of this Agreement is in direct conflict with those rights.
4.2. Artist agrees and understands that they have the authority to waive the rights
conferred by VARA, in accordance with 17 U.S.C. §106A(e), and any rights arising under
the United States federal or state law, or under laws of another country, that convey rights
of the same nature as those conveyed under VARA that are herein waived, as against
the City and its agents, and grant the City a license to reproduce the Artwork as described
herein.
4.3. Alterations Modifications or Removal of Artwork. The City has the right to move,
remove or otherwise alter or modify the Artwork. The Artist acknowledges and
understands that the installation of the Artwork may be subject to destruction, distortion,
mutilation, or other modification due to the acts of third parties.
4.4. Limited VARA Waiver - 17 U.S.C. §106A(e). In consideration of the covenants
and conditions in this waiver, and except as otherwise provided for in this waiver, the
Artist agrees to waive any right that the Artist may have under VARA to prevent the
removal of the Artwork, or the destruction, distortion, mutilation, or other modification of
the Artwork which arises from, is connected with, or is caused or claimed to be caused
by the removal, repair, conservation, maintenance or storage of the Artwork by the City
or its elected officials, officers, employees, agents, or representatives, or by the presence
of the Artwork at the site. The Artist's VARA rights under this waiver shall cease with the
Artist's death and do not extend to the Artist's heirs, successors or assigns.
5. Termination.
5.1. City may immediately terminate this Agreement upon one or more of the following:
5.1.1. Artist's violation of any federal, state or local law or regulation.
5.1.2. 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.
5.2. 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.
6. Limitation of Liability.
6.1. 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.
6.2. Section 6 and Section 7 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.
7. Insurance
Artist all procure and maintain for the duration of the agreement,the following insurance
coverages:
MINIMUM SCOPE AND LIMIT OF INSURANCE
Artist 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.
• Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering
Code 1 (any auto), with combined single limits of$1,000,000, In the event Artist does not
maintain commercial automobile liability insurance, City will accept evidence of personal
automobile insurance with existing limits, which can be lower than $1,000,000.
• 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 Artist has no employees.
If Artist 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 Artist. 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:
1. CGL and AL policies: 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 Artist including
materials, parts, equipment, and personnel furnished in connection with such work or
operations.
2. All required insurance policies: Insurance company(ies) agrees to waive all rights
of subrogation 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 Artist for City.
3. All required insurance policies: For any claims related to this contract, Artist'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.
4. All required insurance policies: A severability of interest provision must apply for
all the additional insureds, ensuring that Artist'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.
5. 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.
6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa
Ana, Attention: Community Development Agency, 20 Civic Center Drive, M-25, Santa
Ana, CA 92701. The name and location of the event 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
Artist 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 A.VII, unless otherwise
acceptable to City.
Verification of Coverage
Artist 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 City before work begins. However,
failure to obtain the required documents prior to the work beginning shall not waive Artist'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.
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 work.
2. Insurance must be maintained and evidence of insurance must be provided for at least
three (3) years after completion of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made
policy form with a retroactive date prior to the contract effective date, Artist must purchase
"extended reporting" coverage for a minimum of three (3) years after completion of work.
Subcontractors
Artist shall require and verify that all sub-contractors maintain insurance
meeting all the requirements stated herein, and Artist 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.
8. Indemnification.
8.1. 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.
8.2. 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
Artwork hereunder.
8.3. 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.
9. General Provisions.
9.1. Artist shall acquire prior written permission from City for any use of the City name
or logo in association with its Artwork.
9.2. 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.
9.3. Artist shall comply with all governmental requirements that may now or in the future
become applicable to its Services under this Agreement.
9.4. 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.
9.5. 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.
9.6. 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
Artwork 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: ZAO Art Inc.
2548 Santiago St.
Santa Ana, CA 92706
Ph: (714) 856-6711
daminlujan@gmail.com
City: City of Santa Ana
City Clerk
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702
FAX (714) 647-6956
9.7. 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.
9.8. 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.
9.9. 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.
9.10. Artist grants to City a non-exclusive, irrevocable, transferable, royalty free,
worldwide license to use, reproduce, display, distribute, and prepare derivative
works, in any form or media at the discretion of the City for the Artwork conceived,
performed or created as a result of this Agreement.
9.11. 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, work's compensation benefits, injury leave or other leave
benefits
9.12. Neither Party shall assign any rights or obligations under this Agreement.
9.13. Each Party covenants that it presently has no interests and shall not have interests,
direct or indirect, which would conflict in any manner with performance of Services
specified under this Agreement.
9.14. 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.
9.15. This Agreement represents the entire agreement and understanding between the
parties, and supersedes any and all prior agreements and understandings
between the parties, whether oral or written.
9.16. Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of
this Agreement, and shall indemnify City fully, including reasonable costs and
attorney's fees, for any injuries or damages to City in the event that such authority
or power is not, in fact, held by the signatory or is withdrawn.
[signatures on following page]
IN WITNESS WHEREOF, the parties hereto have executed this Artist Agreement the
date and year first above written.
ATTEST: CITY OF SANTA AN
V Py
I=
�P Y
7 IA;4
Jenni er Alvaro Nunez
City Clerk City Manager
APPROVED AS TO FORM: ARTIST:
Sonia R. Carvalho
City Attorney
4,4 (3� A
Andrea Garcia-Miller Artist: amin Lujan
Assistant City Attorney Organization: ZAO Art, Inc.
RECOMMENDED FOR APPROVAL:
Michael L. Garcia
Executive Director
Community Development Agency
EXHIBIT A
SCOPE OF WORK
Scope of Work(ZAO Art Inc.):
1. Artist Collaboration & Design:
• Santa Ana-based artists will collaborate with Sahuayo-based artists to co-develop the mural
concept and design.
• The final design must reflect elements of both cities' heritage, community, and shared values.
• Artists will participate in virtual and in-person meetings as needed to coordinate the design and
execution plan.
• Final mural design must be approved by relevant city departments before execution.
2. Site Preparation:
• The Contractor shall be responsible for the complete cleaning, repair, and preparation of the
designated wall surface in advance of the mural installation.This includes providing equipment,
materials, and labor necessary to ensure the wall is in optimal condition to receive mural
artwork.
• Site Preparation:
o Cleaning the surface of debris, dirt, and any existing graffiti.
o Patching, priming, or resurfacing as necessary to ensure a paint-ready surface.
• Wall Cleaning:
o Pressure wash the wail to remove all dirt,debris, loose paint, mold,and other surface
contaminants.
o Allow adequate drying time before proceeding to next steps.
• Wall Repairs:
o Inspect the wall for cracks, holes, or structural damage.
o If there are structural damages, notify city staff.
o Patch and repair all surface imperfections using appropriate masonry or stucco materials.
o Ensure the surface is smooth, stable,and free of flaking paint or damaged substrate.
• Priming and Repainting:
o Apply a uniform base coat of primer and/or exterior paint suitable for mural application.
o Use weather-resistant, UV-stable paint appropriate for long-term outdoor use.
3. Materials& Equipment:
• Artists will provide all materials, tools, lifts/scaffolding, and equipment required to complete
the mural.
• This includes but is not limited to:
o Primer
o Paints (UV/weather-resistant)
o Brushes, rollers, sprayers
o Drop cloths and tarps
o Ladders, scaffolds, or lifts
o PPE (Personal Protective Equipment)
4. Mural Execution:
• Artists will paint the mural collaboratively, adhering to the approved design.
• Work will be conducted safely and respectfully during approved hours and within any public
space guidelines.
• Estimated duration for installation: 4 weeks(to be determined based on project timeline).
5. Protective Coating:
• Upon completion, artists will apply a clear, anti-graffiti protective coating to preserve the
integrity and longevity of the mural.
Deliverables:
• Final digital design for mural, submitted for city approval
• Prepped and cleaned wall surface
• Completed mural on 20'x 60' wall
• Application of anti-graffiti protective coating
• Documentation of project process (photos/video if available)
Budget Responsibilities:
• Artists will be compensated per agreement.
• All supplies, tools, and coatings are to be covered by the artists as part of the scope.
Timeline:
• Design Collaboration via Zoom: Sept 1—Sept 14, 2025
• Finalize Design & Prep Wall: Sept 15—Sept 24, 2025
• Community Feedback Days: Sept 25--Sept 27, 2025
• Painting the Mural: Sept 28—Oct 22, 2025
• Apply Protective Coating: Oct 23—Oct 27, 2025
• Documentation & Public Sharing: Oct 28—Nov 27, 2025
A DATE YYY)
�1 CERTIFICATE OF LIABILITY INSURANCE D„30,2025ZflzS
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 endorsoment(s).
PRODUCER CONTACT
NAME:
Next First Insurance Agency,Inc. PHONE (855)222-5419 FAX
PO Box 60787 1C o 1A1c l
Palo Alto,CA 94306 EMAIL ADDRESS: supp corn
INSURERS AFFORDING COVERAGE NAIC#
INSURERA: State Natlonai Insurance Company,Inc. 12831
INSURED
INSURER B
ZAO Art
2548 Santiago St INSURER
Santa Ana,CA 92706
INSURER 0
INSURER E
INSURER F
COVERAGES CERTIFICATE NUMBER:476758183 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 ADDTYPE OF INSURANCE INS WVQUBR POLICYNUMBER MMDDIYVCY YY POLICY
LIMITS
LTR
X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $1,DDD,D00.00
�OCCUR DAMAGE S( RENTS❑
CLAIMS-MADE 1
PREMISES Ea occurrence $ D0,000.00
MED EXP(Anyone person) $15,000.00
A X X NXTAQ07CJV-04-GL 01/06/2025 01106/2026 PERSONAL&ADV INJURY $1,000,0DO.D0
GEN'L AGGREGATE LIMIT APPLIES PER GENE RALAGGREGATE $2,D00,000.00
POLICY❑ PROJECT ❑ LOC PRODUCTS-CCMPICP AGG $2,000,000.00
X
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 PROPERTYDAMAGE $
AUTOS ONLY AUTOS ONLY Per accident
UMBRELLA LIAR OCCUR EACH OCCURRENCE $
EXCESS LAB CLAIMS-MADE AGGREGATE $
DED RETENTION S $
WORKERS COMPENSATION TPER i
AND EMPLOYERS'LIABILITY YIN STATUTE ER
ANYPROPRIETORIPARTNERIEXECUTIVE ❑ EL EACH ACCIDENT $
OFFICER/MEMBEREXCLUDED? NIA
{Mandatory in Ni EL DISEASE-EA EMPLOYEE $
It yes,describe under
DESCRIPTION OF OPERATIONS below E-L.DISEASE-POLICY LIMIT 3
DESCRIPTION OF OPERATIONS I LOCATIONS!VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached II'mare space is required)
The Certificate Holder is The City of Santa Ana,its City Council,offcers,officials,employees,agents,and volunteers.A General Liability Waiver of Subrogation applies in favor
of this Certificate Holder.This Certificate Holder is an Additional Insured on the General Liability policy on a primary and non-contributory basis.This Certificate Holder is an
Additional Insured an the General Liability policy with respect to ongoing operations.All Certificate Holder privileges apply only if required bywntten agreement between the
Certificate Holder and the insured,and are subject to policy terms and Conditions.
Tu Tran �I9i ally slgnetl By
Tu Tran Nguyen
Nguyen d 7nl 0 obb
APPROVED
CERTIFICATE HOLDER CANCELLATION
By Tu Tran Nguyen at 7,36 am,Aug 06,2025
City of Santa Ana LIVE CERTIFICATE
Atm.Executive Director,Community Development Agency Q SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
20 Civic Center Piz THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Santa Ana,CA 92701
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
0
Click or scan to view
O 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT"CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED ADDITIONAL INSURED - PRIMARY INSURANCE
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Additional Insured Person or Organization:
The City of Santa Ana, its City Council,officers,officials,employees,agents,and volunteers
20 Civic Center Piz
Santa Ana, CA 92701
I. SECTION II-WHO IS AN INSURED is amended to include the person or organization shown
in the SCHEDULE, but only with respect to liability for "bodily injury", "property damage" or
"personal and advertising injury" caused, in whole or in part, by your acts or omissions or the
acts or omissions of those acting on your behalf:
1. In the performance of your ongoing operations;or
2. In connection with your premises owned by or
rented to you. However:
1. The insurance afforded to such additional insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured is required by a contract or agreement,
the insurance afforded to such additional insured will not be broader than that which
you are required by the contract or agreement to provide for such additional insured.
II. With respect to the insurance afforded to these additional insureds, the following is added to
SECTION III— LIMITS OF INSURANCE:
If coverage provided to the additional insured is required by a contract or agreement, the
most we will pay on behalf of the additional insured is the amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits of Insurance shown in the
Declarations; whichever is less.
This endorsement shall not increase the applicable Limits of Insurance shown in the
Declarations.
Ill. Coverage provided to the additional insured shown in the SCHEDULE is afforded on i) a
primary basis, ii) a noncontributory basis, or iii) a primary and noncontributory basis in
accordance with the applicable written contract between you and the additional insured.
All other terms and conditions of the policy remain unchanged.
NXT-0084 BM GL 0218 Includes material copyrighted by Insurance Services Office, Inc. used with its Page 1 of 1
permission
POLICY NUMBER: NXTAQ070JV-04-Gi_ COMMERCIAL GENERAL LIABILITY
CG20100413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies Insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Locations Of Covered Operations
The City of Santa Ana, its Clty Council,officers,officials, CA
employees,agents,and volunteers
20 Civic Center Piz
Santa Ana,CA 92701
Information required to complete this Schedule, if not shown above,will be shown in the Declarations.
A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these
include as an additional insured the person(s) or additional insureds, the following additional
organization(s) shown in the Schedule, but only exclusions apply:
with respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or
damage or personal and advertising injury "property damage"occurring after:
caused, in whole or in part, by:
1. All work, including materials, parts or
1. Your acts or omissions; or equipment furnished in connection with such
2. The acts or omissions of those acting on your work, on the project (other than service,
behalf; maintenance or repairs) to be performed by or
in the performance of your ongoing operations for on behalf of the additional insured(s) at the
the additional Insured(s) at the location(s) location of the covered operations has been
designated above. completed; or
However: 2. That portion of "your work" out of which the
1. The insurance afforded to such additional injury or damage arises has been put to its
intended use by any person or organization
insured only applies to the extent permitted by other than another contractor or subcontractor
law; and engaged in performing operations for a
2. If coverage provided to the additional insured is principal as a part of the same project.
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
CG 20 10 0413 0 Insurance Services Office, Inc., 2012 Page 1 of 2
C. With respect to the insurance afforded to these 2. Available under the applicable Limits of
additional Insureds, the following is added to Insurance shown in the Declarations;
Section III—Limits Of Insurance: whichever is less,
If coverage provided to the additional insured is This endorsement shall not increase the
required by a contract or agreement, the most we applicable Limits of Insurance shown in the
will pay on behalf of the additional insured is the Declarations.
amount of insurance:
1. Required by the contract or agreement; or
Page 2 of 2 O Insurance Services Office, Inc., 2012 CG 2010 0413
POLICY NUMBER: NXTAQ070JV-04-GL COMMERCIAL GENERAL LIABILITY
CG 24 04 05 09
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following;
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of person Or Organization:
Any person or organization against whom you have agreed to waive such right of recovery in a written contract or
agreement
Information required to complete this Schedule, if not shown above,will be shown in the Declarations.
The following is added to Paragraph S. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV—Conditions:
We waive any right of recovery we may have against
the person or organization shown in the Schedule
above because of payments we make for injury or
damage arising out of your ongoing operations or
"Your work" done under a 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 above.
I
I
CG 24 04 06 09 0 Insurance Services Office, Inc., 2008 page 1 of 1 13
CITY OF SANTA ANA
Risk Management a division of Human Resources
Managing Risk through Awareness and Action
AFFIDAVIT OF EXEMPTION FOR WORKERS' COMPENSATION INSURANCE
1 Damin Lujan ("Representative"), attest that I am an authorized
(Name and Title of Vendor Representative)
representative of ZAO Art ("Company"), and
(Consultant/Company Name)
possess the authority to legally bind Company.
In my capacity as Representative of Company, I represent and confirm the following, as relates to the
agreement between Company and City of Santa Ana, agreement number
Sahuayo Sister City Mural
{"Agreement")to provide ("Services"):
(Services to be provided under agreement/contract)
During the course and scope of Company's agreement with the City of Santa Ana,Company will
not employ any person in any manner so as to become subject to the workers' compensation laws
of California, and agree that if Company should become subject to the workers' compensation
provisions of Section 3700 of the Labor Cade, Company shall forthwith comply with the
provisions and provide proof of workers' compensation coverage immediately.
If at any time it is found that Company is not adhering to any and/or all of the statements in this
document and does not maintain the minimum professional liability insurance coverage as
required in the Agreement, it will be considered a breach of Agreement rendering the Agreement
null and void and Company will be fully liable for any and all damages.
OJ4 lf-� 07/21/25
Signature Katz
Damin Lujan
Print Name
Artist
Title
Contact Information,i.e_,Telephone Number and/or Email Address
WARNING: FAILURE TO SECURE WORKERS' COMPENSATION COVERAGE IS UNLAWFUL,
AND SHALL SUBJECT AN EMPLOYER TO CRIMINAL PENALTIES AND CIVIL FINES UP TO
ONE HUNDRED THOUSANT DOLLARS($100,000). IN ADDITION TO THE COST OF
COMPENSATION,DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE,
INTEREST,AND ATTORNEY'S FEES.
Affidavit of Exemption for workers'Compensation Insurance 11.12.2024
CITY OF SANTA ANA
Risk Management a division of Human Resources ' '!{.
Managing Risk through Awareness and Action
AFFIDAVIT OF EXEMPTION FOR AUTOMOBILE LIABILITY INSURANCE
I Damin Lujan
("Representative"),attest that I am an authorized
(Name and Title or Vendor Representative)
representative of ZAO Art ("Company"), and
(Consultant/Company Name)
possess the authority to legally bind Company.
In my capacity as Representative of Company, I represent and confirm the following, as relates to the
agreement between Company and City of Santa Ana, agreement number
Sahuayo Sister City Mural
("Agreement")to provide ("Services"):
(Services to be provided under agreemendcontract)
During the course and scope of Company's agreement with the City of Santa Ana,
Company employees, consultants, representatives, and agents will not use and/or drive
any Company owned/rented/leased/borrowed vehicles to perform Services to, for, or on
behalf of City of Santa Ana.
If at any time it is found that Company is not adhering to any and/or all of the statements in this
document and does not maintain the minimum automobile liability insurance coverage as
required in the Agreement, it will be considered a breach of Agreement rendering the Agreement
null and void and Company will be fully liable for any and all damages.
Z,A 1 07/21/25
Signature Date
Damin Lujan
Print Name
Artist
Title
Contact Information,i.e.,Telephone Number and/or Email Address
Affidavit of Exemption for Automobile Liability Insurance 11.12.2024