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HomeMy WebLinkAboutCARLOS QUEVEDOCity of Santa Ana Clerk of the Council AGREEMENT TERMINATION FORM Please complete this form in its entirety when the attached agreement and all amendments (if any) are no longer in effect. Note: If your agreement is grant related, please ensure that all grant retention requirements have been satisfied prior to signing the termination form. Is the agreement(s) a permanent record? Yes No Return form to the Clerk of the Council Office (M-30). Call 647-1520 if you have any questions. COTC Office Use Onlv The agreement with A I CM Iris Gmt e60 No. N-2021-002 was completed on and final payment has been made. (List all amendments. Use space below if needed.) nrt Department: [DAy R05 3 %+uxt"' • - y a U, 11,^�. nagreements formsrtorm- agreement termination form goldenrod doc "t%x\ D., CD1 i Utility Box Art ARTIST AGREEMENT N-2021-002 This agreement is made and entered into as of November f 2020, by and between the City of San Ana, a charter city and municipal corporation (hereinafter "City"), and Cpn (hereinafter "Artist") selected to participate in the Utility Box Art Program. In consideration of the promises contained herein, the receipt and adequacy of which is hereby acknowledged, the parties hereto agree as follows: A. Preparation The Artist shall view a pre-recorded video by the City regarding painting guidelines and safety prior to starting work. In the video City staff will identify any electronics, equipment, and other facilities on the exterior of the utility box which shall not be painted, including: a. Official plaques, stickers, or identification numbers b. Meter clocks c. Keyholes or keyhole covers d. Vents or viewports e. Handles on doors and hinges 2. The boxes will be power washed by the City before painting starts; however, the Artist will have the responsibility for any additional cleaning, prepping, and priming prior to painting. B. Materials 1. Artist will use paint type and paint products recommended by the City which are the following: Paint Type: Premium high solids 100% acrylic latex waterborne exterior wail and trim paint; low sheen, eggshell or satin finish; minimum 1.5 mil dry thickness per coat. b. Paint Products (in recommended order): i. Nova Color (available in wholesale at: www.novacolorpaint.com) ii. Sherwin Williams: Accolade Exterior Acrylic Latex, Satin iii. Frazee #126 Mirro Glide Low Sheen Acrylic Latex iv. Pratt and Lambert: Accolade Exterior Acrylic Latex, Eggshell 2. Artist will purchase the needed paint and supplies, including paintbrushes, paint rollers, rolling pans, drop cloth, masking tape, latex gloves, and cups for blending/mixing paint. Artist must provide their own additional supplies if needed. 3. Artist will submit a list of paint products used for project, including brand name (ex: Sherwin Williams), paint type (ex: acrylic latex), sheen (ex: satin), and color number (ex: #126). C. Project Artist will paint the utility box assigned to them by the City, and nothing more. Painting of the box must be completed by January 31 2021. Painting may only occur during the hours of 7 a.m. to 7 p.m. A minimum sidewalk clearance of four (4) feet must be adhered to at all times. 2. Artist utility box is located on N VV C-0Y- Title of artwork: 3. Artist shall inform City staff the days and hours they are planning on working on the box so that staff will communicate with appropriate city agencies such as Public Works and Santa Ana Police Department. 4. Artwork must include all visible sides of the utility box including the top, 5. The Artist shall provide for City maintenance, operations, and emergency access to their respective utility box at all times. 6. Artist recognition via signature on the utility box may be no larger than 3" x 5". 7. Artwork may not contain advertising, religious art, sexual content, negative or violent imagery, convey political partisanship or include any hidden, subliminal or camouflaged messages or statements of any kind or nature. 8. Artwork may not include any breach of intellectual property, trademarks, brands, images of illegal activity or involve the attachment of any objects to the box. 9. The Artist shall ensure that any areas utilized for the project are maintained and restored to a well -maintained, safe, sanitary, and clean condition, and kept free of any hazardous waste at all times, All equipment associated with the installation of the artwork, trash and debris shall be removed and cleaned up on a daily basis. Artist shall place a drop cloth or similar barrier on the ground below the artwork while installation is underway, which barrier shall be removed each day upon completion of an installation session. D. Property Rights The Artist hereby waives any legal rights under Federal, State, local, and/or Administrative law to maintain the artwork upon City property. The completed work will be the property of the City, which retains the sole and absolute right and discretion to remove, modify, or replace the utility box, components of the utility box, or the artwork if necessary without compensation or notice to the artist. The Artist grants the City the right to use any images, photographs or video of the artwork and the installation process for publicity or promotional purposes and agree that the results of such activity shall remain the sole property of the City. E. Payment City agrees to pay, and Artist agrees to accept as an amount not -to -exceed $400 during the term of this Agreement. Compensation shall be divided into two (2) separate payments. The first amount in $300 shall be issued after final execution of the Agreement. The final payment of $100 shall be issued upon the completion of the project. 2. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures, and five (5) photographs documenting the completion of artwork on all five sides of the assigned utility box. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. F. Indemnity and Release of Liability Artist shall defend, indemnify, protect and hold harmless the City, or their elected and appointed officers, employees, members or agents from and again all claims for damages, liability, cost and expense (including without limitation attorney's fees) arising out of or alleged by third parties to the by the result of the negligent acts, errors or omissions or the willful misconduct of the Artist, and Artist's employees, subcontractors or other persons, agencies or firms for whom Artist is legally responsible in connection with the execution of the work covered by this agreement. Artist shall have no duty to indemnify or hold harmless the City if claims, damages, liability, costs, expenses (including without limitation, attorney's fees) arise from the sole negligence or sole willful misconduct of the City subsequent declaration by the Artist. Artist's obligations shall survive the termination of this Agreement. 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 or installation of the artwork. 3. To protect the City, Artist shall execute a Release of Liability before participating in the Utility Box Art Program. A true and correct copy of the Release of Liability form is attached hereto as Exhibit A and incorporated herein by this reference. All terms and requirements of the Release of Liability shall be enforceable in addition to all terms and requirements of this Agreement. G. Repairs I. If any component of the City's traffic signal system is damaged as a result of the artists' work, the artist shall arrange for a licensed contractor to repair the damage at the artists' sole expense. 2. The artist has the first option to repair artwork if damaged. When vandalism to the artwork is reported or touch-up to the artwork is needed, the City will contact the artist for first refusal, and the artist will be given 30 days to respond. If there is no response within that timeframe or if the artist declines, the City reserves the right to repair, remove, or modify damaged artwork as it sees fit. 3. It is the responsibility of the artist to update the City with their current contact information so that staff can contact them should repairs be necessary. H. Termination 1. The City may terminate this Agreement at any time for any reason. If the Agreement is terminated by the City after the painting of a utility box has commenced, Artists shall be entitled to reasonable compensation for work performed to date, minus any offset representing the City's damages should termination result from Artist's breach of contract. Artist hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. I. General Terms 1. Artist is not and any of the Artist's agents, employees or representatives are, for all purposes under this agreement, an independent contractor and shall not be deemed to be an employee of the City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, work's compensation benefits, injury leave or other leave benefits. 2. Neither party shall assign any rights or obligations under this Agreement. 4 Each party covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 4. Each party warrants that they have executed this Agreement knowingly, freely and voluntarily and with full knowledge of its legal consequences. All parties involved warrant and represent that, prior to executing this Agreement, each party has had the opportunity to review and consider this matter with legal counsel, and that the terms of this Agreement, and its consequences, are fully understood by each party. 5. This Agreement represents the entire agreement and understanding between the parties, and supersedes any and all prior agreements and understandings between the parties, whether oral or written. 6. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. N-2021-002 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Daisy Gomez Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney n By:y1 nr Ryan O. HIodge' Assistant City Attorney RECOMMENDED FOR APPROVAL: Steven Mendoza Executive Director Community Development Agency CITY OF SANTA ANA Kristine K City Manager ARTIST: rVL,✓ Print m 64 H as E-� !� K�S�E Address: —90 I6 MaYO v( kT2-,?KvV qa Ca, Full Name: t Address: Q City:_) Util Box Art Program RELEASE FROM LIABILITY Personal Information (Please print) �Qr /oS(DO eve�(4o Emergency Contact: V\ of Santa )y ifG11 p---_ 0 ?P A— 2,— Social Security/Individual Tax Payer ID (ITIN) Waiver and Liability Release I have read and understand the Artists Agreement and will adhere to the rules and regulations set forth wherein and act in a respectful manner while representing the City of Santa Ana. I assume the responsibility of mental and physical fitness to participate in the assignment, and agree to abide by all rules and requirements of the program. I also understand that failure to abide by the above may lead to my termination from the program, I understand that I am not considered an employee of the City of Santa Ana for purposes of Workers' Compensation, but that the City provides volunteer accident insurance in excess of any other medical insurance I may have. I agree to comply with the City's policy regarding any injuries I incur while under the City's supervision. I agree to hold harmless the City of Santa Ana, its officers, employees and volunteers from and against any and all liability arising out of or in any way connected with my participation in the program. This release shall apply even though liability may arise out of negligence or carelessness on the part of those discharged including their employees, agents and volunteers. This waiver and liability release shall apply to myself, as well as any of my heirs, executors or administrators. I am of lawful age and legally competent to sign this agreement. I understand the terms and have signed this document as my own free act. I have fully informed myself of the contents of this release by reading it before I signed it. I realize that by signing this document I am giving up legal rights to which I may be entitled. (initial) I have watched and understand the instructional and safety video for my artwork on the city -own( on CO r- nC, P'" i-,r V4 rn Title of artwork: 0 K) I Cl H- n 1 Printed Date Te, V�p o i�J, ST_\� Burns & Wilcox Digitally signed by Francine R. Francine R. Villareal Date: 2020.12.17 Villareal 15:13:48-08'00' 101 California Street, Suite 975, San Francisco, CA 94111 Phone: (415) 421-4244 OR (800) 759-4855 Fax: (415) 421-0620 DATE: 11/19/2020 INSURANCE BINDER Page 1 of 4 THIS BINDER ISATEMPORARY INSURANCE CONTRACT, SUBJECTTO THE CONDITIONS SHOWN BELOW, INSURED: City of Santa Ana B&W PRODUCER: Richard L Gobler AGENT: MERRIWETHER & WILLIAMS INS 20 Civic Center Plaza 550 Montgomery St Ste 550 Santa Ana, CA 92701 San Francisco, CA 94111 LOCATION(S) OF RISK: 1. Main/Chesnut - SW Corner, Santa Ana, CA 92701 2. Main/Civic Center, Santa Ana, CA 92701 3. Main/McFadden - SW Corner, Santa Ana, CA 92701 4. Main/Bishop (SIGNAL), Santa Ana, CA 92701 5. Main/Cubbon - NW Corner, Santa Ana, CA 92701 6. Main/Russell - NW Corner, Santa Ana, CA 92701 7. Main/Borchard NW Corner, Santa Ana, CA 92701 8. Main/Edinger SW Corner, Santa Ana, CA 92701 9. Main/Pomona SE Corner, Santa Ana, CA 92701 10. Main/St. Andrew - NE Corner, Santa Ana, CA 92701 11. Main/St Gertude SE Corner, Santa Ana, CA 92701 12. Bristol/Santa Clara, Santa Ana, CA 92701 13. Bristol/Washington, Santa Ana, CA 92701 14. Bristol/19th St, Santa Ana, CA 92701 15. Bristol/Civic Center Drive, Santa Ana, CA 92701 16. Bristol/Bishop or Willits, Santa Ana, CA 92701 17. Bristol/McFadden, Santa Ana, CA 92701 18. BristolfWilshire, Santa Ana, CA 92701 19, Bristol/Edinger (Signal Box), Santa Ana, CA 92701 20. Bristol/Edinger (HUB), Santa Ana, CA 92701 21. 1st Street/Main St, Santa Ana, CA 92701 22. 3rd Street and Main, Santa Ana, CA 92701 23. 4th Street and Main, Santa Ana, CA 92701 24. 3rd Street and Broadway, Santa Ana, CA 92701 25, 1st Street/Downtown Plaza, Santa Ana, CA 92701 26. Main St. and Washington, Santa Ana, CA 92701 27. Raitt Street and MacArthur Blvd., Santa Ana, CA 92701 28. Greenville and Alton, Santa Ana, CA 92701 29, Flower St. and Washington. Santa Ana, CA 92701 30. Flower St. and Bishop, Santa Ana, CA 92701 31. Flower St. and Alton, Santa Ana, CA 92701 POLICY EFFECTIVE FROM: 11/09f202O AT 12:01 AM TO 01/31/2021 AT 12:01 AM STD TIME AT RISK LOCATION. FORM OF COVERAGE: COMMERCIAL GENERAL LIABILITY POLICY NO: CIP423084 INSURER(S): OCCURRENCE Risk Mudd mint Divislun REVIEWED&APPROVED BY: ram. Risk kkanngemen[ Analyst Burns& Wilcox 101 California Street, Suite 975, San Francisco, CA 94111 Phone: (415) 421-4244 OR (800) 759-4855 Fax: (415) 421-0620 DATE: 11 /19/2020 INSURANCE BINDER Page 3of4 "ENDORSEMENTS & EXCLUSIONS: UNLPFDI - COMMON POLICY DECLARATIONS. AF001772 -CLAIM REPORTING INFORMATION. AF100 - POLICY JACKET. AF3380 - FRAUD & MISREPRESENTATION ENDORSEMENT. AF3550 - MINIMUM EARNED PREMIUM & CANCELLATION CLAUSE. AF900 - SERVICE OF SUIT. IL0017 - COMMON POLICY CONDITIONS. SOFAE -SCHEDULE OF FORMS & ENDORSEMENTS. AF000839 -INJURY TO EMPLOYEES, SUBCONTRACTORS. INDEPENDENT CONTRACTORS, TEMPORARY WORKERS, LEASED WORKERS OR VOLUNTEERS EXCLUSION. AF001007 - COMBINED COVERAGE & EXCLUSION ENDORSEMENT: ASBESTOS EXCLUSION; LEAD EXCLUSION; CONTRACTOR'S SPECIAL CONDITIONS; EMPLOYMENT RELATED PRACTICES EXCLUSION; NUCLEAR ENERGY LIABILITY EXCLUSION; PROFESSIONAL SERVICES AND MALPRACTICE EXCLUSION; SEXUAL / PHYSICAL ABUSE EXCLUSION; TOTAL POLLUTION EXCLUSION WITH HOSTILE FIRE EXCEPTION; ASSAULT & BATTERY EXCLUSION, ANTI -STACKING AND NONDUPLICATION OF LIMITS OF INSURANCE; TENDERING OF APPLICABLE LIMIT OF INSURANCE. AF001396 -INFRINGEMENT, MISAPPROPRIATION AND UNFAIR COMPETITION EXCLUSION. AF001707 -AMENDMENT OF NONPAYMENT CANCELLATION CONDITION. AF001729 -CONDITIONAL EXCLUSION OF LIABILITY/CLAIMS IN THE STATE OF MISSOURI -ONLY APPLIES IF MISSOURI IS PRINCIPLE PLACE OF BUSINESS OR RISK CONDUCTS MORE THAN 10% OF OPERATIONS IN MISSOURI. AF001752 -AMERICANS WITH DISABILITIES ACT AND DISCRIMINATION EXCLUSION. AF3378 -AMENDATORY ENDORSEMENTS: CANCELLATION, CANCELLATION OF FINANCED POLICY, AUDIT CONDITIONS. AF3400 - SILICAOR SILICARELATED DUST EXCLUSION. UNLPFSD1 L -COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS. AF001788 -TOTAL CANNABIS AND RELATED PRODUCTS EXCLUSION. CG0001 - COMMERCIAL GENERAL LIABILITY COVERAGE FORM - C00001 04-13. CG2107 - ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA -RELATED LIABILITY EXCLUSION. CG2167 -FUNGI OR BACTERIA EXCLUSION ((DOES NOT APPLY TO GOODS OR PRODUCTS INTENDED FOR BODILY CONSUMPTION), CG2426 -AMENDMENT OF INSURED CONTRACT DEFINITION. AF001401 -DAMAGE TO PREMISES RENTED TO YOU LIMITATION -FIRE LEGAL LIABILITY COVERAGE. AF000873 -KNOWN INJURY OR DAMAGE EXCLUSION FOR PERSONAL & ADVERTISING INJURY. AF000899 -CLARIFICATION AMENDMENT TO POLICY AIRCRAFT, AUTO OR WATERCRAFT EXCLUSION. D2 - CALIFORNIA SURPLUS LINES NOTICE. CAPRNOTICE -CALIFORNIA PREMIUM REFUNDS NOTICE- POLICIES CANCELED BY INSURED MAY INCUR A 10% SHORT RATE PENALTY. CG3234 - CACHANGES. AF001740 -DESIGNATED OPERATIONS -STATE OF NEW YORK EXCLUSION. AF001741 -DESIGNATED OPERATIONS -STATE OF WASHINGTON EXCLUSION. AF33509 - ASSAULT & BATTERY EXCLUSION REMOVAL (ENDORSEMENT TO REMOVE A&B EXCLUSION). AF33510- CLASSIFICATIONLIMITATION. AF33515A -NEW RESIDENTIAL CONSTRUCTION EXCLUSION. AF33530 - SUBSIDENCE EXCLUSION. AF3397 - EIFS EXCLUSION & DRYWALL EMISSION EXCLUSION. CG0300 - DEDUCTIBLE LIABILITY. CG2144 - LIMITATION OF COVERAGE TO A DESIGNATED PREMISES / PROJECT. TYPIST: IN THE PROJECT BOX, TYPE THE FOLLOWING "ELECTRICAL / UTILITY BOX PAINTING FOR CITY OF SANTA ANA" CG2154 - OCIPANRAP-UP EXCLUSION. GLS 261 s -ADDITIONAL INSURED - INDPEN DENT CONTRACTOR (SCOTTSDALE FORM -SEE NEXT PAGE) CONDITIONS: RiskMamrmenkDMsim; f REVIEWED&APPROVED BY.. Risk Menagnment Analyst Burrs Wilcox 101 California Street, Suite 975, San Francisco, CA 94111 Phone: (415) 421-4244 OR (800) 759-4855 Fax: (415) 421-0620 DATE:11/19/2020 INSURANCE BINDER Page 4of4 QUOTE BASED ON ONE MULTI BOX PROJECT AT FLAT RATE MINIMUM PREMIUM APPLIES NO A/l'S INCLUDED. PLEASE REVIEW THIS BINDER CAREFULLY AS IT MAY DIFFER FROM COVERAGES AND LIMITS REQUESTED. THIS COMPANY BINDS THE KIND(S) OF INSURANCE STIPULATED HEREIN. THEABOVE COVERAGES ARE THE ONLY COVERAGES BOUND. ANY COVERAGE REQUESTED IN THE APPLICATION THAT DIFFERS FROM THE ABOVE IS NOT INCLUDED. THE INSURANCE IS SUBJECT TO THE TERMS, CONDITIONS, LIMITATIONS, AND FORMS OF THE POLICY(S) IN CURRENT USE BY THE COMPANY. THIS BINDER IS CANCELLED SIXTY (60) DAYS FROM THE EFFECTIVE DATE OR WHEN REPLACED BY A POLICY, WHICHEVER COMES FIRST. THE AGENT MUST READ THIS CERTIFICATE AND IF NOT CORRECT RETURN IT IMMEDIATELY TO BURNS & WILCOX, LTD. BY: Harvey Goldenberg, Authorized Representative (CA INS LIC # 0828615) Rick MenagensntD1vbbn . .^ RREVIEWED&APPPROVED BY. p� Risk Management Analyst GENERAL CHANGE ENDORSEMENT This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below: Name of Insurance Company(ies) Atain Specialty Insurance Company Atain Spec Insurance Company 100.0% GenLiab Inception Date Expiration Date 11/9/2020 1/3.1/2021 Endorsement Effective Policy Number Endorsement # 11/9/2020 CIP423084 1 Named SantaA �LNafrw q^n^' � W City of Santa Ana �7i.W.'. " J' (1-C.ULYt'LL� Countersigned By (Authorized Representative) IN CONSIDERATION OF THE PREMIUM PREVIOUSLY CHARGED, IT IS HEREBY UNDERSTOOD AND AGREED THAT T1 TE POLICY IS AMENDED AS FOLLOWS: THE SCHEDULE OF LOCATIONS IS HEREBY AMENDED TO READ FOR. NO FURTHER CHARGE: LOCATION91: 1ST STREET/MAINST., SANTA ANA, CA 92701 LOCATION#2: 3RD STREET/MAIN ST. SANT 1.4NA, CA 92701 LOCATION#3: 4 TH STREE T LOCA TION#: /MAIN91'. SANTA ANA, CA92701 LOCATION#4: 3RD STREET/ BROAD WAI, SANTA ANA, CA 92701 LOCATION#5: 4THSTREET/ BROAD RIAY, SANTA ANA, CA92701 LOCATION#6: 5THSTREET/BROADff�AY, SANTAANA, CA 92701 LOCATION#7: 4THSTREET/BUSH, SANTAANA, CA 92701 LOCA`1'ION#8: 1ST STREET/BRISTOL STREET, SANTA ANA, CA 92701 LOCATION#9: 17THSTREET/BRISTOL STREET, SANTA ANA, CA 92701 LOCATION#10: NIACARTFIUR BLVD/BRISTOL STREET, SANTA ANA, CA 92701 LOCATION#11: NI41N STREET/MCFADDENAVE., SANTA ANA, CA 92701 LOCATION912: HARBOR BLVD/MCFADDENAVE., SANTA ANA, CA 92701 LOCATION913: GRAND/DYER, SANTA ANA, CA 92701 LOCATIONW 4: 17TH STREET/CENTRE ON 17TH, SANTA ANA, CA 92701 LOCATION41.5: 1STSTREET/DOYPNTO07NPLAZA, SANTA AAA, CA92701 LOCATION#16: MAIN/WASHINGTON, SANTA ANA, CA 92701 LOCATION#17: RAITTIAMCARTHUR BLVD., SANTA ANA, CA 92701 LOCATION#18: GREENVILLL'/ALTON, SANTAANA, CA 92701 LOCATION#19.•MAINS IMPT/WARNER AVE, 94NTA ANA. CA 92701 LOCATION#20: FLOWERSTREETIBISHOP, SANTAANA, CA 92701 All other terms and conditions remain unchanged. knhom 12/4/2020 .eye ,� RlekMansg�anenEDlWalon +Y BaM-WED & APPROVED BY: Rik Management Analyst ..._.