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HomeMy WebLinkAboutREGENTS UNIVERSITY OF CALIFORNIA, THEINSURANCE ON FILE N-2023-315 WORK MAY PROCEED UNTIL CEEXPIRES -- - ---- CI7Y CLERK DATE: 1 Q� ARTS AND CULTURE ARTIST AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE UNIVERSITY OF 1 CALIFORNIA, IRVINE, SCHOOL OF EDUCATION This Artist Agreement ("Agreement") is made and entered this aEtd-ay of November, 2023, 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 The Regents of the University of California, on behalf of its Irvine Campus School of Education ("Artist") selected to participate in the South Main Street Corridor Art Initiative. 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. The City's Public Works Agency and Community Development Agency managed a 2022 South Main Street Corridor Public Art Initiative to invite local artists to participate in the implementation of arton Main Street from 15t Street to Warner Avenue. On June 17, 2022, the Arts and Culture Commission reviewed all applicants and recommended that Artist be awarded an artist grant based on its Application for its art project ("Project"). A true and correct copy of Artist's Application is attached hereto as Exhibit A and incorporated herein by reference. B. Artist submitted a responsive proposal that was selected by the City. Artist represents that it is able and willing to provide the services described in the scope of work that was included in the South Main Art Initiative. C. In undertaking the performance pursuant to this Agreement, Artist represents that it is skilled and knowledgeable in the arts and culture arena and that the Project created or performed hereunder will be created or performed 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 commence on the date first written above for a two (2) year term, unless terminated earlier in accordance with Section 4, below. The term of this agreement may be extended for two (2) one (1) year periods upon a writing executed by the City Manager and City Attorney. 2. Comoensation 2.1. City agrees to pay, and Artist 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 under this Agreement shall npt exceed thirty-three thousand dollars and zero cents ($33,000) during the term of this Agreement, including any extension periods. The sum is comprised of (1) the base amount of $30,000 and (2) approximate 10% contingency in the amount of $3,000 for additional services at the City's sole discretion. 2.2. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accordance procedures. Payment need not be made for work which fails to meet the standard of performance set forth in the Recitals which may be reasonably be expected by City. South Main StneeetAri Program --- Interactive Bus ShelterAgreement— UCI School of Education 3. Art Activities. Artist agrees: 3.1. To perform the activities described in Artist's Grant Application and Timeline submitted to City for consideration dated April 24, 2023, a copy of which is attached as Exhibit A and incorporated into this Agreement as if set out in full. 3.2. To submit all reports (each, a "Report"), which shall include, at a minimum, the items set forth as required by the Application. No personally identifiable information shall be included in any of the Reports, except where specifically requested. The Reports shall be in a format that is reasonably acceptable to City. City may request additional information as City, in its sole discretion, determines is necessary to monitor performance of this Agreement. City shall have the right to use any Reports submitted by Artist, or any portion thereof, for any reason. 3.3. To 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 Artist arising out of this Agreement. 3.4. To 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. 3.5. To 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. If applicable to the Project, 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. 3.6. The Project 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 Project will be determined by City, in advance, in its sole discretion. 3.7. The Project 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 Project. It is the sole responsibility of the Artist to obtain any and all applicable copyrights or trademarks associated with the artwork for the Project. 3.8. To be responsible for the maintenance of the Project, which -includes, but is not limited to, graffiti removal, touch-up, and restoration, for the duration of the Project's existence. 3.9. If the artwork is a mural, it must be covered in an anti -graffiti coating at the Artist's expense. 4. Termination. 4.1. This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Artist shall be entitled to receive and the City shall pay Artist South Main Street Art -Program -- Interactive Bus Shelter Agreement— UCI School of Education compensation for all services performed by Artist 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 Artist 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 Artist 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. 5. Limitation of Liability. 5.1. IN NO EVENT SHALL CITY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXPENSES FOR ANY NEGLIGENCE, BREACH OF CONTRACT OR ANY OTHER ACT ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE ACTIVITIES COVERED HEREUNDER. 5.2. Section 5 and Section 6 do not limit Artist's rights, including its ability to seek recovery, against anyone other than City, its directors, officers, employees, agents, successors and assigns. 6. Indemnification. 6.1. Artist shall defend, indemnify, and hold City, its officers, employees, and agents harmless from and against any and all liability, loss, expense (including reasonable attorney's fee), or claims for injury or damages arising out of the performance of this Agreement but only in proportion to and to the extent such liability, loss, expense, attorney's fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of Artist, its officers, employees or agents. 6.2. Artist agrees to hereby fully release and forever discharge the City from any and all claims, demands, damages, losses, and liabilities (hereinafter collectively referred to as "claims"), which are or may be related to or in any way connected with the negligence or willful misconduct of its officers, officials, employees, or agents in connection with the creation, painting, performance or installation of the Project hereunder. 6.3. Artist further agrees that City may in good faith and on reasonable terms settle any such claims and that City's right to indemnification shall extend to any such settlement, provided City has given notice of such claim and its intent to settle. City's right to indemnification is in addition to, and may be exercised independently of, any remedy held by City under this Agreement, at law or in equity. The indemnity provision set forth in this Agreement shall survive the termination or expiration of this Agreement indefinitely. 7. Insurance Artist shall procure and maintain for the duration of the contract insurance or self-insurance against claims forinjuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Artist, his agents, representatives, and employees. Artist shall require its subcontractors to obtain and maintain insurance as described below. - South Main -Street Arf-Prom ra- - - -- - g-- Interactive Bus Shelter Agreement - UCI School of Education MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage 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. If a general aggregate limit applies, either the general aggregatelimit shall apply separately to this projecttlocation (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Recipient has no owned autos, hired, (Code 8) and non -owned autos (Code 9), with limitno less than $1,000,000 per accident for bodily injury and property damage. (Not required if Artist provides written verification no vehicles will be used). Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if Artist provides written verification it has no employees). If the Artist maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Artist including materials, parts, or equipment furnished in connectionwith such work or operations. General liability coverage can be provided in the form of an endorsement to the Artist's insurance (at least as broad as ISO Form CG 20 10 11 85 or if notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 2037 if a later edition is used). Primary Coverage For any claims related to this contract, the Artist's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Artist's insurance and shall not contribute with it. Notice of Cancellation Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. Self -insured Retentions Self -insured retentions must be declared to and approved by the City. The City may require the 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. The policy 4 South min Street Art Program Interactive Bus Shelter Agreement — LICI School of Education language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Verification of Coverage Artist shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Artist's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 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. General Provisions. 8.1. Artist shall acquire prior written permission from City for any use of the City name or logo in association with the Project. 8.2. If any parts of this Agreement are held to be invalid or unenforceable, the remaining parts of the Agreement shall continue to be valid and enforceable. 8.3. Artist shall comply with all governmental requirements that may now or in the future become applicable to the activities under this Agreement. 8.4. This Agreement, including Exhibit A, Application, and any amendments or schedules hereto, contain the full understanding and agreement of the Parties with respect to its subject matter, and no waiver, alteration or modification of any of the provisions to this Agreement shall be binding unless in writing and signed by an authorized officer of both Parties. 8.5. No waiver by either Party or any breach, default, or series of breaches or defaults, and no failure, refusal, or neglect of either Party to exercise any right, power, or option given to it under this Agreement or to insist upon strict compliance with the terms of this Agreement shall constitute a waiver of these provisions with respect to any subsequent breach or waiver by either Party or its right at any time thereafter to require exact and strict compliance with provisions of this Agreement. 8.6. Any notice or other communication required or permitted to be made or given by either Party pursuant to this Agreement will be in writing and will be deemed to have been duly given: (i) five (5) business days after the date of mailing if sent by registered or certified U.S. mail, postage prepaid, with return receipt requested; (ii) when transmitted if sent by facsimile, provided a confirmation of transmission is produced by the sending machine; or (iii) when delivered if delivered personally or sent by express courier service. All notices to City shall include a reference to the Project title. - - --Sout1VMaln StMetArt-Program — - --- _------- - Interactive Bus Shelter Agreement- UCI School of Education 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: University of California, Irvine 160 Aldrich Hall Irvine, CA 92697-7600 City: City of Santa Ana Clerk of the Council (M-30) 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 FAX (714) 647-6956 8.7. This Agreement is subject to all applicable local, State and Federal laws. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both Parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 8.8. Artist agrees to comply with all applicable equal opportunity and affirmative action laws as appropriate, Artist shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Artist affirms that it is an equal opportunity employer (if applicable) and shall comply with all applicable federal, state and local laws and regulations. 8.9. Any funds provided under this Agreement that are not expended, obligated or otherwise committed by the termination or expiration of this Agreement shall be immediately returned to City. 8.10. Artist grants to City 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 Project conceived, performed or created as a result of this Agreement. 8.11. 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. 8.12. Neither Party shall assign any rights or obligations under this Agreement. 8.13. 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. 8.14. 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 South Main Street Art Program Interactive Bus ShelterAgreement— UCI School of Education represent that, prior to executing this Agreement, each Party has had the opportunity to review and consider this matter with legal counsel, and that the terms of this Agreement, and its consequences, are fully understood by each Party. 8.15. 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. 8.16. 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. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the date and year first above written. ATTEST: APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: JOSE MONTOYA Assistant City Attorney RECOMMENDEDFOR APPROVAL: k10 a,I, NABIL SABA P.E. Executive Director Public Works Agency CITY OF SANTA ANA Tom Hatch Interim City Manager ARTIST: NANCY LEWIS Senior Director, Sponsored Projects Administration UNIVERSITY OF CALIFORNIA, IRVINE Soufh Main Sues Art Program - - - _ _ --- __-------- ___-- Interactive Bus ShelterAgreement— UCl School of Education EXHIBIT A INTERACTIVE BUS SHELTER ART SCOPE OF WORK Bus Shelter Artwork A. Artist Digital Art File: 1. The Artist agrees to submit one (1) high -resolution digital file of the proposed art image in the original electronic format such as Illustrator EPS file or equivalent and a PNG, JPG, JPEG or similar format in a resolution sufficient for printing the artwork to the bus shelter dimensions noted. Submission Format: 1. Submitted art image dimensions shall be directly formatted to full-size printing with dimensions equal to 75.5" x 32.75". 2. The Artist is solely responsible to crop, rotate, or trim the submitted art image such that the art image does not require further formatting or graphic content to meet the required 75.5" x 32.75" dimension stated above. 3. Artist recognition via signature on the artist's image may be no larger than 3" x 5". Recognition shall include the title of the artwork and artist's name. 4. The City or the selected printer/ installation vendor will not be responsible to modify the art on behalf of the artist. C. Artist Narrative: a. The Artist shall provide a written narrative of the artwork providing the inspiration or story of the artwork in connection to City of Santa Ana. b. The Narrative shall include the Artist name and the title of the artwork. G. Please note that the City reserves the right to use the information provided on any promotional material related to the Art Program City wide. D. Art Printing (by City): 1. The Artist agrees that the City will be responsible to engage the City's selected printing company to print the artist's image for installation at a pre -determined bus shelter location. 2. The City reserves the right to reprint the artwork as part of the City Art Program in locations outside of original installed location. Bus Shelter Abacus A. Fabrication: 1. Fabrication to be performed by Artist vendor — Cinnabar. 2. Interactive Abacus Panel Dimensions — 48" W x 2" D x 28" H 3. Material — Powder coated Aluminum Frame in Custom Color with 50 rigid cast polyurethane rings. Final submittal / Shop Drawing to be submitted to the City prior to fabrication for City approval. B Installation: 1. Installation to be performed by Artist vendor. 2. Artist to provide traffic control required for installation. 3. City to provide final inspection of installation prior to approval of final payment. ;Usen el _% BACK: para contar, explorar, y jugar juncos! Use the AB, C to count, explore, and play together! Wreparenlo! sehtupl Nu€vanlas a la Izqulerdal MPvelhemlotbel.FV 4 `f Ke Miren a su atrededor 9 a Ixxm O_ cc IINIOINIIIN Lnoharound. ,1 ININ 14mt, A' .�. N �® !Mueslren estos numeros! iCuenlenloquevenl i!nventen unjuego! sh.lhesemmb.m- e.twhet'usea! Inven[a game! SOUTH MAIN STREET v �Ff 1Unn 1' ['.pa%rantu,e.Pbrah Y!v9NWa[ml e , r n�aer�. South Main Street Art Program Interactive Bus Shelter Agreement— UCI School of Education EXHIBIT A INTERACTIVE BUS SHELTER ART BUS STOP ABACUS CONCEPT BUS SHELTER #6493 (O'Reilly Auto Parts) (Main St East side North of McFadden Ave) 10 South Main Street Art Program Interactive Bus Shelter Agreement— UCI School of Education r g i �J—j IM II '- — Soufh Mam SfreefArfFrogram Interactive Bus Shelter Agreement— UCI School of Education EXHIBIT B INTERACTIVE BUS SHELTER ART CINNABAR QUOTE 12 CINNABAR Client: UCI STEM Learning Lab 401 E. Peltason Drive, Suite 3200 Irvine, CA 92617 Contact: Andres S. Bustamente, Ph.D. Phone: 949-824-7367 Email: asbustam@uci.edu PROJECT ESTIMATE Project Name & Address: Bus Stop Abacus 1015 S Main St Santa Ana, CA 92701 Job Name: Bus Stop Abacus Job Number: B0638 Project Manager: Jeff Maloney Date: 4/24/2023 Version: 6 Description Amount 1 Project Management $ Cost of services of Project Manager to oversee all technical design, fabrication, and installation for duration of project (assumes seven weeks total from project kick-off). 2 Technical Design & Engineering Cost of services of Technical Design team to produce Shop Drawings, CNC files, and closeout documents, as well as provide guidance on fabrication and installation approaches. Also includes engineering allowance. 3,780.00 $ 4,066.25 3 Abacus Interactive Panel $ Estimate for the cost of materials and labor to fabricate one interactive abacus panel, 48" W x 2" D x 28" H. Cost includes: -Powdercoated steel frame in single custom color with contrasted colorfortext -Fifty (50) rigid HDPE CNC rings (ten (10) per rung; each set are different colors, five (5) colors total) - Hardware for Install Excludes cost of Instructional graphic, to be designed, printed, and installed by Others. 4 'Packing & Handling $ Cost of materials and labor to pack, load, and ship Abacus Interactive Panel for shipping to site. 5 6 Install Estimated cost of equipment, materials, and labor to Install abacus onsite in Santa Ana, CA in early June (final date TBD). Installation to Include drilling into existing bus stop structure to receive abacus. Assumes two installers for one day of installation, including travel time. Also assumes prevailing wage for installation. Includes all requisite permitting submitted by Cinnabar. Permitfees to be settled by Others. Estimated Sales Tax (9.25%, City of Santa Ana) City of Santa Ana sales tax, applied to line item 3. P PROJECT GRAND TOTAL: $ 16,467.13 1,061.53 3,030.00 1,594.43 29,999.34 Cinnabar pricing is valid for thirty(30) days upon submission to client (04/24/2023 - 05/24/2023).Cinnabar reserves the right to update pricing should a contract be executed after that period. If the above costs and specifications meet with your approval, please sign and date below and return one executed copy. Client Date 4571 Electronics Place • Los Angeles • CA 90039 • 818.84M190 • cinnabar.com 1 of 2 ®CINNABAR' Client: UCI STEM Learning Lab 401 E. Peltason Drive, Suite 3200 Irvine, CA 92617 Contact: Andres S. Bustamente, Ph.D. Phone: 949-824-7367 Email: asbustam@uci.edu Description PAYMENT TERMS: 50% OF PROPOSED TOTAL DUE UPON ACCEPTANCE 50% OF PROPOSED TOTAL DUE UPON FINAL INVOICE PROJECT ESTIMATE Project Name & Address: Bus Stop Abacus 1015 S Main St Santa Ana, CA 92701 Job Name: Bus Stop Abacus Job Number: B0638 Project Manager: Jeff Maloney Date: 4/24/2023 Version: 6 Amount PAYM ENT AMOUNT: 5 14,999.67 $ 14,999.67 TOTAL: $ 29,999.34 Additional Terms and Conditions of the Estimate: 1. Place of Delivery: The Project shall be delivered to CLIENT at CLIENTS facility, located at 1015 5 Main St, Santa Ana, CA 92701. 2. Inspection and TRIe: The Risk of Loss, Damage, and Title shall Pass to CLIENT F.O.B. CLIENT'S facility Immediately upon CLIENT'S Inspection and acceptance of the Pmject 3. Taxes: In addition to the Purchase Price, CLIENTshall pay CINNABAR the amount of all governmental taxes, excises and other charges (except taxes on or measured by net Income) that CINNABAR may be required to pay with respect to the design and construction ofthe Project, except where the law otherwise pmvidao. 4. Interpretation and Parol Evidence: The Parties intend this Estimate to be the final, complete and exclusive expression of their agreement concerning the matters contained herein, amendable only by a subsequent writing between the Parties. No course of prior dealings between the Parties and no trade custom shall be relevant to supplement or explain any term used in this Estimate. 5. Authority: No agent, employee or representative of CINNABAR has any authority to bind CINNABAR to any affirmation, representation orwarranty Concerning the Project designed,constructed and delivered hereunder. Unlessan affirmation, representation or warranty made hyan agent, employee or representative is specifically included In this Estimate, it has not constituted a part of the basis for this bargain and shall not be In anyway enforceable. 6. Remedl es: CLIEM'S exclusive remedy, and CIN NABAR's limit of liability, for any and all fosses or damages resulting from defects related to the Project shall be for the purchase price of the Project. 7. Attorney's Fees and Costs: In the event of any action between the parties W enforce the provisions hereof, the unsuccessful party to such litigation shall pay to the successful parry all costs and expenses, Including reasonable attorney's fees, that the successful party Incurred. B. Changes to scope may constitute a change order. All change orders must be agreed upon In advance and in writing by CINNABAR and CLIENT. S. Cancellation Fee: CLIENT may cancel the project at any time and for any reason by providing a signed and dated written Notice of Cancellation to CINNABAR. Upon submission of Notice of Cancellation, CLIENT must pay CINNABAR for all work completed to -date, plus twenty percent (20%) of the remaining Project Grand Total. 10. Acceptance: By authorizing the Commencement of any Work herein contained, the Client hereby represents that these terms and conditions are understood and accepted and made part of the Agreement 4571 Electronics Place • Los Angeles • CA 90039 • 818.842.8190 • cinnabar.com 2 of 2 Perez, Dora From: City of Santa Ana <certificate-request@ctrax.jdidata.com> Sent: Friday, November 3, 2023 1:44 PM To: Perez, Dora Subject: Internal Notice of Compliance NOTICE OF COMPLIANCE CITISTAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL Contractor Blue Mountain Development, Inc. Name: Project N-2022-360 Number: Project AGREEMENT BETWEEN THE CITY OF SANTA ANA AND BLUE Name: MOUNTAIN DEVELOPMENT FOR ART INSTALLATION PROGRAM MANAGEMENT SERVICES The Certificate of Insurance (COI) submitted indicates that the coverages are in compliance with the insurance requirements. No further action is required at this time. The compliant coverage(s) are: TYPE OF INSURANCE POLICY EXPIRATION COI DATE FILE NAME NUMBER DATE AUTOMOBILE LIABILITY 7036414437 11/04/2024 10/19/2023 City of Santa Ana.pdf GENERAL LIABILITY 4031144935 11/04/2024 10/19/2023 City of Santa Ana.pdf Affidavit of Exemption for WORKERS COMPENSATION EXEMPTION WAIVER 10/10/2024 10/11/2023 Workers Compensation Insurance 2023.pdf Thank you, City of Santa Ana Risk Management Division 1