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WRIGHT, NATHAN T
INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES 10 u 2.1 IZle CITY CLERK DATE: DEC 0 2 2024 PWA(l) N-2024-379 CITY OF SANTA ANA AGREEMENT WITH NATHAN T. WRIGHT TO PROVIDE CUSTOM ILLUSTRATION SERVICES �rlbttF }Icrna.+d�r-(KP) THIS AGREEMENT is made and entered into on this 22nd day of October, 2024 by and between Nathan T Wright, an individual ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of custom illustration services for the Public Works Agency, Water Resources. B. Contractor represents that he is able and willing to provide such services to the City C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Exhibit A, attached hereto and incorporated by reference, and additional projects as mutually agreed upon by the parties in writing. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit A. The total amount to be expended during the term of this Agreement shall not exceed Fifty Thousand Dollars and Zero Cents ($50,000). b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Contractor agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Contractor agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Contractor's account(s) with financial institutions. Page 1 of 9 #428045vl c. Payment need not be made for work which fails to meet tine standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on November 1, 2024, for a one (1) year term with the option for the City to grant up to a one fll-Year renewal, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Contractor shall procure and maintain for the duration of the agreement, the following insurance coverages: a. Minimum Scope and Limit of Insurance (1) Commercial General Liability (CGL). Insurance Services Office ("ISO") Form CG 00 O1 covering CGL on an "occurrence" basis, including products Page 2 of 9 #428045vl 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. (2) Automobile Liability (AL). ISO Form CA 00 01 covering Code 1 (any auto), with combined single limits of $1,000,000. In the event Contractor 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. (3) Workers' Compensation. As required by the State of California, with statutory limits, and employer's liability insurance with limit of no less than $1,000,000 per accident, per employee, per policy for bodily injury or disease. This requirement can be waived if Contractor has no employees (4) Broader Coverage. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. b. Other Insurance Provisions The above required insurance policies are to contain or be endorsed to contain the following provisions: (1) Additional Insured Status. The City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds on the CGL and AL policies with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. (2) Waiver of Subrogation. Contractor shall require its insurance company(ies) to waive all rights of subrogation against City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from performed by Contractor for City. (3) Primary Coverage. For any claims related to this contract, the Contractor's insurance coverage shall be primary and any insurance or self-insurance maintained by City, its City Council, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (4) Severability. A severability of interest provision must apply for all the additional insureds, ensuring that Contractor's insurance shall apply separately Page 3 of 9 #428045vl to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. (5) Notice of Cancellation. Insurance policy(ies) 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. The Certificate Holder on each Evidence of the Insurance certificate shall be: City of Santa Ana, Attn: (name of department staff responsible for Agreement), 20 Civic Center Plaza M-XX (responsible staffs department mail box), Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate. C. Self -Insured Retentions. Self -insured retentions must be declared to and approved by the City. City may require Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. d. 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. e. Verification of Coverage. Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies,including endorsements required by these specifications, at any time. 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 Agreement 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. Page 4 of 9 #428045v1 (3) If coverage is cancelled or non -renewed, and not replaced with another claims - made policy form with a retroactive date prior to the contract effective date, Contractor must purchase "extended reporting" coverage for a minimum of three (3) years after completion of work. g. Subcontractors. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements statement herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. h. Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of therisk, prior experience, insurer, coverage, or other special circumstances. 7. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section I of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. Page 5 of 9 #428045vl 9. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 10. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Contractor 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. 12. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. Page 6 of 9 #428045v1 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(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 Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. Page 7 of 9 #428045v1 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City Cleric City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 To Contractor: Nathan T. Wright 1709 Buffalo Rd. West Des Moines, IA 50265 Page 8 of 9 #428045vl A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 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: Brana6nSalvatierra Deputy City Attorney � q of Nabil Saba, P.E. Executive Director Public Works Agency CITY OF SANTA ANA 1 z4 7a�- Alvaro Nunez City Manager CONTRACTOR Nathan T. Wright Page 9 of 9 #428045vl EXHIBIT A SCOPE OF SERVICES and RATES qrw NATHAN T. WRIGHT ILLUSTRATION Scope of Work for Creative Services Nathan T. Wright will provide illustration and creative services for various FOG -related projects featuring the FATBERG character in collaboration with The City of Santa Ana Public Works Agency, including: • A 30-page educational comic book featuring Fatberg helping The City of Santa Ana fight against the FOG villains (Fat, Oil and Grease). A four-part series of educational whiteboard explainer videos (approximately two minutes each in length) aimed at city residents, explaining how FOG affects city infrastructure, back flow issues, etc. The videos are narrated by Fatberg. • A four-part series of educational whiteboard explainer training videos (approximately two minutes each in length) aimed at restaurants, focused on FOG do's and don'ts. The videos are narrated by Fatberg. • Atwelve-month wall calendar containing FOG do's and don'ts for restaurants, featuring Fatberg. • A redesigned FSE requirement poster for restaurants, containing FOG do's and don'ts featuring Fatberg. • A personal appearance by Nathan at The City of Santa Ana booth at the Dia de los Libros event in April 2025. He will be present to sign comic books and read to young audiences. • A personal appearance by Nathan at The City of Santa Ana booth at the Public Works Family Event in May 2025. He will be present to sign comic books and read to young audiences. • Illustration services for various smaller one-off projects as needed, such as designs for stickers, giveaway items, t-shirts, website graphics, etc. YOUR INVESTMENT Hourly rate for art production $95/hour Hourly rate for meetings $50/hour Hours accrued will be invoiced at the end of each month. PRODUCTION TIMELINE Comic book September - October 2024 Whiteboard videos (resident series) November - December 2024 Whiteboard videos (training series) January - February 2025 Wall calendar & restaurant poster March -April 2025 Dia de los tibros appearance April 2025 - Public Works Family Event appearance May 2025 Illustration services for various projects Ongoing - as needed IMPORTANT LEGAL JARGON Nathan T. Wright is the copyright owner of the FATBERG character. Any work that includes FATBERG will require the following sentence: "The FATBERG character is Copyright © Nathan T. Wright." READY TO GET STARTED? I'm thrilled to continue our collaboration on all things FOG. Hooray! The City of Santa Ana Public Works Agency (CLIENT) ",w � Nathan T. Wright, Nathan T. Wright Illustration LLC (COMPANY) NATHAN T. WRIGHT ILLUSTRATION October 23, 2024 City of Santa Ana Risk Management Division 20 Civic Center Plaza Santa Ana, CA 92702 Re: Auto Insurance Requirement Dear City of Santa Ana Risk Management Division: Nathan T Wright Illustration has intent to enter into an agreement with the City of Santa Ana. Throughout the course of this agreement, Nathan T Wright Illustration attests to the following: Nathan T. Wright Illustration will not use/drive any vehicle during the course and scope of the services provided in the agreement/contract. Nathan T Wright Illustration will not use any owned/rented/leased vehicles during the course and scope of the services provided in the agreement/contract. Nathan T. Wright Illustration consultants/independent contractors/employees utilize their personal vehicles/non-company owned, borrowed, or rented/leased vehicles for transportation to and from work and if applicable carry their own automobile insurance. By signing below, I, attest that I possess the legal authority to enter into an agreement with the City of Santa Ana as well as the legal authority to attest to the statements above. If at any time it is found that Nathan T Wright Illustration is not adhering to any/ all statements in this document and has not provided the minimum Auto liability insurance coverage of $1 million per occurrence, the contract will be considered null and void and the company will be held fully liable for any and all damages. Nathan T Wright, Illustrator Nathan T Wright Illustration APPROVED Contact Phone: 515-554-0502 By Cynthia Mora at 12:01 pm, Nov 04, 2024 Email Address: nathantwright@gmail.com APPROVED By Cynthia Mora at 12:01 pm, Nov 04, 2024 October 23, 2024 City of Santa Ana Risk Management Division 20 Civic Center Plaza Santa Ana, CA 92702 Re: Professional Liability Insurance Requirement. Dear City of Santa Ana Risk Management Division: NATHAN T WRIGHT ILLUSTRATION has intent to enter into an agreement with the City of Santa Ana. Throughout the course of this agreement, NATHAN T WRIGHT ILLUSTRATION attests that I am not a licensed professional and will not employ a licensed professional during the course of my contract with the City of Santa Ana. By signing below, I attest that I possess the legal authority to enter into an agreement with the City of Santa Ana as well as the legal authority to attest to the statements above. If at any time it is found that NATHAN T WRIGHT ILLUSTRATION is not adhering to any/all statements in this document, the contract will be considered null and void and the company will be held fully liable for any and all damages. Nathan T. Wright Illustrator Nathan T Wright Illustration 515-554-0502 nathantwright@gmail. com APPROVED By Cynthia Mora at 12:01 pm, Nov 04, 2024 1, CITY OF SANTA ANA RISK MANAGEMENT. 4�,a 4 HUMAN RESOURCES 9 Managing Risk Pc,tiuvc Change --.- ( WORKERS' COMPENSATION DECLARATION Nathan T Wright (Nome/Title) hereby affirm under penalty of perjury, the following declaration: I certify on behalf of Nathan T Wright Illustration of my contract for illustration (Consultant/Company Name) that during the term services with the City of Santa Ana, (Type of service provided) I will not employ any person in any manner so as to become subject to the workers' compensation laws of California, and agree that if I should become subject to the workers' compensation provisions of Section 3700 of the Labor Code, I shall forthwith comply with the provisions and provide proof of workers' compensation coverage immediately. Date: October 23, 2024 Print Name: Nathan T Wright Print Title: Illustrator Signature f/1, Telephone: 515-554-0502 WARNING: FAILURE TO SECURE WORKERS' COMPENSATION COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND 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. APPROVED By Cynthia Mora at 12:01 pm, Nov 04, 2024 I:�RiskMgmt1insuronce Requirements�WCDeclaration 08152019 DATE(MMIDDIYYYY) A�" CERTIFICATE OF LIABILITY INSURANCEF 11/18/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Mike Brown NAME: FA StateFarm Mike Brown AICDNE No, o Ext: 515-264-2626 A/C No: =• 1356 E Hickman Road ADDRESS: mike.brown.eyyk@statefarm.com INSURER(S)AFFORDING COVERAGE NAIC# Waukee IA 502638137 INSURER A: State Farm Fire and Casualty Company 25143 INSURED INSURER B NATHAN T WRIGHT ILLUSTRATION LLC INSURERC: 1709 BUFFALO RD INSURER D INSURER E: WDM IA 502651630 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR ADD SUB POL CY EFF POL CY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MMIDDIYYYY MMIDDIYYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE � E OCCUR PRM SESOEa occuErrDence $ 300,000 MED EXP(Any one person) $ 5,000 A Y Y 95-CP-L410-0 10/31/2025 10/31/2026 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 PRO- PRODUCTS-COMP/OPAGG $ 2,000,000 POLICY JECT X LOC OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED AUTOS ONLY AUTOS ONLY Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION $ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER $ ANY PROPRIETOR/PARTNER/EXECUTIVE Y I N OFFICER/MEMBER EXCLUDED? ❑ NIA E.L.EACH ACCIDENT $ (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Santa Ana, its City Council,officers,officials,employees,agents,and volunteers are listed as blanket and scheduled additional insureds with waiver of subrogation on policy 95-CP-L410-0 Talyuy by Tu TranuTnNg Nguyeno84350-08,009 APPROVED By Tu Tran Nguyen at 8:43 am,Nov 19,2025 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. Attn: PWA-Water Resources AUTHORIZED REPRESENTATIVE 220 S Daisy Ave Santa Ana CA 92703 This form was system-generated on 11/18/2025 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 1001486 2005 155279 205 01-19-2023 State Farm Insurance PO Box 2915 Bloomington, IL 61702-2915 141 StateFar State Farm Fire and Casualty Company CITY OF SANTA ANA, ITS CITY CO A stock company with home offices in Bloomington, Illinois ATTN: PWA-WATER RESOURCES 220 S DAISY AVE SANTA ANA CA 92703 Amended Declarations Policy number:95-CP-L410-0 Effective date:November 13, 2025 Policy period: 12 months Expiration date:October31, 2026 The policy period begins and ends at 12:01 am standard time at the premises location. BUSINESSOWNERS POLICY Automatic renewal - If the State Farm®policy period is shown as 12 months,this policy will be renewed automatically subject to the premiums, rules and forms in effect for each succeeding policy period. If this policy is terminated, we will give you and the Mortgagee/Lienholder written notice in compliance with the policy provisions or as required by law. NAMED INSURED NATHAN T WRIGHT ILLUSTRATION L ENTITY Limited Liability Company POLICY PREMIUM This is not a bill.If an amount is due,then a separate statement will be sent prior to the due date. The premium(s)shown below are for the policy period and policy characteristics as described in this Declarations. Increase in premium: $77.12 Discounts applied: Automatic Sprinkler Protection Business Experience Rating Protective Devices Renewal Discount Years in Business Enclosed Building or Shopping Center REASONS FOR DECLARATIONS Your policy is amended effective November 13, 2025 due to some recent policy changes you requested. Enclosed is a copy of your new endorsements, if any. Policy number:95-CP-L410-0 Page 1 of 5 ©Copyright,State Farm Mutual Automobile Insurance Company,2008 CMP Dec 3P IA CMP-4000 1009482 2014 153090 214 05-17-2025 SaeFarrr SECTION I-PROPERTY SCHEDULE Location Location of described premises Limit of Insurance* Limit of Insurance* Seasonal Increase- number Coverage A- Coverage B-Business Business Personal Property Buildings Personal Property 001 900 Keosauqua Way No Coverage $5,000 25% Ste 321 Des Moines IA 50309-1524 *As of the effective date of this policy, the Limit of Insurance as shown includes any increase in the limit due to Inflation Coverage. SECTION I—INFLATION COVERAGE INDEX(ES) Cov A-Inflation Coverage Index: NIA Cov B-Consumer Price Index: 324.8 SECTION I—DEDUCTIBLES BASIC DEDUCTIBLE $1,000 SPECIAL DEDUCTIBLES: Equipment Breakdown: $1,000 Money and Securities: $250 Other deductibles may apply-refer to policy. SECTION I—EXTENSIONS OF COVERAGE-LIMIT OF INSURANCE-EACH DESCRIBED PREMISES The coverages and corresponding limits shown below apply separately to each described premises shown in these Declarations, unless indicated by "See schedule". If a coverage does not have a corresponding limit shown below, but has "Included" indicated, refer to that policy provision for an explanation of that coverage. Coverage Limit of Insurance Accounts Receivable On Premises $10,000 Off Premises $5,000 Arson Reward $5,000 Collapse Included Damage to Non-owned Buildings from Theft,Burglary or Robbery Coverage B Limit Debris Removal 25%of covered loss Equipment Breakdown Included Fire Department Service Charge $2,500 Fire Extinguisher Systems Recharge Expense $5,000 Forgery or Alteration $10,000 Glass Expenses Included Increased Cast of Construction and Demolition Casts(applies only when buildings are insured on a 10% replacement cost basis) Policy number:95-CP-L410-0 Page 2 of 5 ©Copyright,State Farm Mutual Automobile Insurance Company,2008 CMP-4000 Coverage Limit of Insurance Money Orders and Counterfeit Money $1,000 Money and Securities On Premises $5,000 Off Premises $2,000 Newly Acquired Business Personal Property(applies only if this policy provides Coverage B-Business $100,000 Personal Property) Newly Acquired or Constructed Buildings(applies only if this policy provides Coverage A-Buildings) $250,000 Ordinance or Law-Equipment Coverage Included Outdoor Property $5,000 Personal Effects(applies only to those premises provided Coverage B-Business Personal Property) $2,500 Personal Property Off Premises $15,000 Pollutant Clean Up and Removal $10,000 Preservation of Property 30 days Property of Others(applies only to those premises provided Coverage B-Business Personal $2,500 Property) Signs $2,500 Valuable Papers and Records On Premises $10,000 Off Premises $5,000 Water Damage,Other Liquids,Powder or Molten Material Damage Included SECTION I—EXTENSIONS OF COVERAGE-LIMIT OF INSURANCE-PER POLICY The coverages and corresponding limits shown below are the most we will pay regardless of the number of described premises shown in these Declarations. Coverage Limit of Insurance Loss of Income and Extra Expense 12 Months Actual Loss Sustained SECTION II-LOCATION SCHEDULE Location Location of described premises number 001 900 Keosauqua Way Ste 321 Des Moines IA 50309-1524 Policy number:95-CP-L410-0 Page 3 of 5 ©Copyright,State Farm Mutual Automobile Insurance Company,2008 CMP-4000 UAD SaeFarm SECTION II- LIABILITY Coverage Limit of Insurance Coverage L-Business Liability Per Occurrence $1,000,000 Coverage M-Medical Expenses $5,000 Any One Person Damage to Premises Rented to You $300,000 Aggregate Limits Limit of Insurance General Aggregate $2,000,000 Products/Completed Operations Aggregate $2,000,000 Each paid claim for Liability Coverage reduces the amount of insurance we provide during the applicable annual period. Please refer to Section II— Liability in the Coverage Form and any attached endorsements. Your policy consists of these Declarations,the BUSINESSOWNERS COVERAGE FORM shown below,and any other forms and endorsements that apply,including those shown below as well as those issued subsequent to the issuance of this policy. FORMS AND ENDORSEMENTS CMP-4100 Businessowners Coverage Form CMP-4215.2 Amendatory Endorsement(Iowa) CMP-4532 Exclusion-Cyber Incident * CMP-4536 Additional Insured-Owners,Lessees or Contractors(Scheduled) CMP-4561.5 Policy Endorsement CMP-4705.2 Loss of Income and Extra Expense CMP-4709 Money and Securities * CMP-4785.1 Additional Insured-Owners,Lessees or Contractors(Blanket) * CMP-4787 Waiver of Transfer of Rights of Recovery Against Others To Us CMP-4788 Additional Insured-Managers or Lessors of Premises FD-6007 Inland Marine Attaching Declarations FE-3650 Actual Cash Value Endorsement FE-6999.3 Policyholder Disclosure Notice of Terrorism Insurance Coverage *New Form Attached SCHEDULE OF ADDITIONAL INTEREST(S) Interest type: Owners, Lessees,or Contractors(Schedul Endorsement number: CMP-4536 Loan number: NIA City of Santa Ana,its City Council,officers,officials,employees,agents,and volunteers Attn:PWA-Water Resources 220 S Daisy Ave Santa Ana CA 92703 FULL NAMED INSURED Named Insured: NATHAN T WRIGHT ILLUSTRATION LLC Policy number:95-CP-L410-0 Page 4 of 5 ©Copyright,State Farm Mutual Automobile Insurance Company,2008 CMP-4000 f .r This policy is issued by the State Farm Fire and Casualty Company. You are entitled to participate in a distribution of the earnings of the company as determined by our Board of Directors in accordance with the Company's Articles of Incorporation, as amended. In Witness Whereof, the State Farm Fire and Casualty Company has caused this policy to be signed by its President and Secretary at Bloomington, Illinois. President Secretary Policy number:95-CP-L410-0 Page 5 of 5 ©Copyright,State Farm Mutual Automobile Insurance Company,2008 CMP-4000 State Farm Insurance PO Box 2915 Bloomington, IL 61702-2915 141 StateFar State Farm Fire and Casualty Company CITY OF SANTA ANA, ITS CITY CO A stock company with home offices in Bloomington, Illinois ATTN: PWA-WATER RESOURCES 220 S DAISY AVE SANTA ANA CA 92703 Inland Marine Attaching Declarations Policy number: 95-CP-L410-0 Effective date: November 13, 2025 Policy period: 12 months Expiration date: October31, 2026 The policy period begins and ends at 12:01 am standard time at the premises location. ATTACHING INLAND MARINE Automatic renewal - If the State Farm®policy period is shown as 12 months,this policy will be renewed automatically subject to the premiums, rules and forms in effect for each succeeding policy period. If this policy is terminated, we will give you and the Mortgagee/Lienholder written notice in compliance with the policy provisions or as required by law. Annual policy premium: Included The above premium amount is included in the Policy Premium shown on the Declarations. FULL NAMED INSURED Named Insured: NATHAN T WRIGHT ILLUSTRATION LLC Your policy consists of these Declarations, the INLAND MARINE CONDITIONS shown below, and any other forms and endorsements that apply, including those shown below as well as those issued subsequent to the issuance of this policy. FORMS,OPTIONS AND ENDORSEMENTS FE-1401 Exclusion-Cyber Incident FE-8739 Inland Marine Conditions FE-8743.1 Inland Marine Computer Property Form See below for schedule page with limits ATTACHING INLAND MARINE SCHEDULE PAGE Endorsement Coverage Limit of insurance Deductible amount Annual premium number FE-8743.1 Inland Marine Computer Property Form $25,000 $500 Included Loss of Income and Extra Expense $25,000 Included Other limits and exclusions may apply-refer to your policy. Policy number:95-CP-L41 0-0 Page 1 of 1 ©Copyright,State Farm Mutual Automobile Insurance Company,2008 CIM Att Dec 3P IA FD-6007 1009481 2002 153089 202 03-06-2021 CMP-4536 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED—OWNERS, LESSEES, OR CONTRACTORS (Scheduled) This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Policy Number: 95-CP-L410-0 Named Insured: NATHAN T WRIGHT ILLUSTRATION LLC Name And Address Of Additional Insured Person Or Organization: City of Santa Ana, its City Council, officers, officials, employees, agents, and volunteers Attn: PWA-Water Resources 220 S Daisy Ave Santa Ana CA 92703 1. SECTION II —WHO IS AN INSURED of SECTION II — b. Products-Completed Operations LIABILITY is amended to include, as an additional "Your work" performed for that additional insured and insured, any person or organization shown in the included in the "products-completed operations Schedule, but only with respect to liability for "bodily hazard". injury", "property damage", or "personal and advertising injury"caused, in whole or in part, by: 2. Any insurance provided to the additional insured shall only apply with respect to a claim made or a "suit" brought for a. Ongoing Operations damages for which you are provided coverage. (1) Your acts or omissions; or 3. Primary Insurance. The insurance afforded the additional (2) The acts or omissions of those acting on your insured shall be primary insurance. Any insurance carried behalf; by the additional insured shall be noncontributory with in the performance of your ongoing operations for respect to coverage provided by you. that additional insured; or All other policy provisions apply. CMP-4536 154972 03-20-2019 ©,Copyright,State Farm Mutual Automobile Insurance Company,2018 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CMP-4787 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Policy Number: 95-CP-L410-0 Named Insured: NATHAN T WRIGHT ILLUSTRATION LLC Name And Address Of Person Or Organization: City of Santa Ana, its City Council, officers, officials, employees, agents, and volunteers Attn: PWA-Water Resources 220 S Daisy Ave Santa Ana CA 92703 The following is added to Paragraph 10.b. of SECTION I AND SECTION II—COMMON POLICY CONDITIONS: We waive any right of recovery we may have against the person or organization shown in the Schedule because of payments we make for injury or damage arising out of: a. Your ongoing operations; or b. "Your work"done under contract with that person or organization and included in the"products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule. All other policy provisions apply. CMP-4787 151575 06-22-2017 ©,Copyright,State Farm Mutual Automobile Insurance Company,2008 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CITY OF SANTA ANA s<<w' Risk Management a division of Human Resources Managing Risk through Awareness and Action `'�'��; AFFIDAVIT OF EXEMPTION FOR AUTOMOBILE LIABILITY INSURANCE Nathan Wright I, ("Representative"),attest that I am an authorized (Name and Title of Vendor Representative) Nathan T Wright Illustration representative of ("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 N-2024-379 ("Agreement'')to provide illustration, art and animation services (`Services"): (Services to be provided under agreement/contract) 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. 10/7/2025 Signature Date Nathan Wright Print Name Illustrator Title 515-554-0502 / nathanTwright@gmail.com Contact Information,i.e.,Telephone Number and/or Email Address Affidavit of Exemption for Automobile Liability Insurance 11.12.2024 CITY OF SANTA ANA s<<w' Risk Management a division of Human Resources Managing Risk through Awareness and Action `'�'��; AFFIDAVIT OF EXEMPTION FOR WORKERS' COMPENSATION INSURANCE Nathan Wright I, ("Representative"), attest that I am an authorized (Name and Title of Vendor Representative) Nathan T Wright Illustration LLC representative of ("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 N-2024-379 ("Agreement")to provide illustration, art and animation services ("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 Code, 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 workers'compensation 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. 10/7/2025 Signature Date Nathan T. Wright Print Name Illustrator Title 515-554-0502 / nathanTwright@gmail.com 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