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HomeMy WebLinkAboutBRIAN PETERSON ART, INC. INSURANCE ON FILE WORK MAY PROCEED UNTn INSURANCE EXP;RfS N-2025-228 01 W12-o - CITY CLERK DATL: .SEP 0 9 2025 (60 CITY OF SANTA ANA ARTIST AGREEMENT WITH BRIAN PETERSON ART, INC. TKArA L2 (pz) FOR SAHUAYO SISTER CITY MURAL This Artist Agreement ("Agreement") is made and entered this 25th of August, 2025, by and between the City of Santa Ana, a charter City and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"), and Brian Peterson Art, Inc., a California corporation ("Artist"). City and Artist may herein individually be referred to as a "Party" and collectively be referred to as the "Parties" to the Agreement. RECITALS: A. City desires to engage Artist to render an 20ft x 60ft painted mural ("Artwork") on the wall located on the south-facing exterior of Garage Bl5th & Spurgeon (overlooking Calle Cuatro Plaza) at the City-owned property, 300 E. 5th Street ("Site"). A true and correct copy of Artist's Scope of Work is attached hereto as Exhibit A and incorporated herein by reference. B. In undertaking the performance pursuant to this Agreement, Artist represents they are skilled and knowledgeable in the arts and culture arena and that the Artwork created hereunder will be created in compliance with such standards as may reasonably be expected from an artist. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. Term. This Agreement shall be effective upon the date first written above and expire on July 28, 2026, unless terminated earlier in accordance with this Agreement. The term of this Agreement may be extended upon a writing executed by the City Manager and City Attorney. 2. Funding. 2.1. Subject to Artist's performance of all required actions under this Agreement, City shall provide funding, as detailed below, of an amount not to exceed Twenty-Four Thousand, Seven Hundred, Fifty Dollars and Zero Cents ($24,750.00). 2.2. Artist will be paid in two (2) installments. First payment will be half of the funding amount provided above, or $12,375, and will be provided upon the full execution of the Agreement by the parties and City's receipt of an invoice from Artist, subject to City accounting procedures. The second and final payment will include the remaining amount of$12,375 and will be issued within thirty (30) days after the Artist completes the Artwork and submits to the City all the proper invoices and final report for the Artwork. 2.3, Appropriate performance of the Artwork by Artist will be determined by City in its sole discretion. City reserves the right to cease funding after the first disbursement detailed above, and to be reimbursed the initial payment, if Artist's performance is determined to be insufficient or unacceptable in the City's sole discretion. 2.4. City represents that there is no correlation or connection between its selection of individuals for funding and an individual's business relationship or potential business relationship with City. 3. Activities. Artist agrees: 3.1. Artist is hereby retained to furnish all labor, materials, tools, equipment, services, and incidental and customary work necessary to design, fabricate, transport and install the Artwork ("Services") on the Site in accordance with the schedule of completion as described in Exhibit A attached hereto and incorporated herein by reference. 3.2. Artist shall be responsible for complying with all Federal, State and local laws, ordinances, statutes and regulations, including, but not limited to zoning and environmental requirements, and for obtaining all required licenses, permits, or .other authorizations applicable to the performance of Artist's Services under the Agreement. 3.3. Artist shall execute and deliver to City any instruments that City may reasonably require to confirm ownership of the Artwork. 3.4. Artist shall maintain all pertinent financial and accounting records pertaining to this Agreement in accordance with generally accepted accounting principles and other procedures reasonably specified by City. Upon termination or expiration of this Agreement or request by City, Artist shall provide, at its expense, copies of all financial and accounting records produced by it arising out of this Agreement. 3.5. Artist shall allow audits, compliance or special reviews and inspections, including on-site inspection, with or without prior notice, of Artist's facilities by City or by third parties designated by City, or their authorized representatives. Artist shall provide its full cooperation for any such audit, review or inspection, including providing timely access, for examination and copying of records (including computerized records) pertinent books, documents, papers, computer programs and records and reasonable access to its personnel. 3.6. Artist shall ensure that the Site is maintained and restored to a well-maintained, safe, sanitary, and clean condition, and kept free of any hazardous waste at all times. All equipment associated with the Services and installation of the Artwork, trash and debris shall be removed and cleaned up on a daily basis. Artist shall place a drop cloth or similar barrier on the ground below the Artwork while installation is underway, which barrier shall be removed each day upon completion of an installation session. 3.7. The Artwork may not contain advertising, religious art, sexual content, negative or violent imagery, convey political partisanship or include any hidden, subliminal or camouflaged messages or statements of any kind or nature. Appropriateness of the content of the Artwork will be determined by City in its sole discretion. 3.8. The Artwork may not include any breach of intellectual property, trademarks, brands, or images of illegal activity, and the Artist must be the copyright holder for the Artwork. 3.9. If the Artwork is a mural, it must be covered in an anti-graffiti coating at the Artist's expense. 3.10. Should the Artwork be defaced and/or not repaired, maintained, preserved, and/or conserved, the City has the option to repair, maintain, preserve, and/or conserve the Artwork, or alternatively, the City as the sole authority to remove, alter, or remove the Artwork. 3.11. Artist will have first right of refusal to restore said Artwork. If Artist is unwilling to perform or unable to perform within a reasonable time, the City has the right to request the services needed from a different artist. 3.12. The City holds all rights to art on City property and, as such, the Artwork may be removed at the sole discretion of the City or as otherwise agreed upon with Artist. 4. Visual Artists Rights Act Waiver 4.1. The Artwork described herein may be a "work of visual art," subject to the federal Visual Artists Rights Act of 1990, 17 U.S.C. §§106A and 113(d) ("VARA"). This Agreement is intended to modify and replace the Artist's moral rights as set out in VARA, and any similar rights arising under United States federal or state law (including but not limited to California's Art Preservation Act) or under the laws of another country that convey rights of the same nature as those conveyed under VARA, to the extent that any portion of this Agreement is in direct conflict with those rights. 4.2. Artist agrees and understands that they have the authority to waive the rights conferred by VARA, in accordance with 17 U.S.C. §106A(e), and any rights arising under the United States federal or state law, or under laws of another country, that convey rights of the same nature as those conveyed under VARA that are herein waived, as against the City and its agents, and grant the City a license to reproduce the Artwork as described herein. 4.3. Alterations, Modifications or Removal of Artwork. The City has the right to move, remove or otherwise alter or modify the Artwork. The Artist acknowledges and understands that the installation of the Artwork may be subject to destruction, distortion, mutilation, or other modification due to the acts of third parties. 4.4. Limited VARA Waiver - 17 U.S.C. §106A(e). In consideration of the covenants and conditions in this waiver, and except as otherwise provided for in this waiver, the Artist agrees to waive any right that the Artist may have under VARA to prevent the removal of the Artwork, or the destruction, distortion, mutilation, or other modification of the Artwork which arises from, is connected with, or is caused or claimed to be caused by the removal, repair, conservation, maintenance or storage of the Artwork by the City or its elected officials, officers, employees, agents, or representatives, or by the presence of the Artwork at the site. The Artist's VARA rights under this waiver shall cease with the Artist's death and do not extend to the Artist's heirs, successors or assigns. 5. Termination. 5.1. City may immediately terminate this Agreement upon one or more of the following: 5.1.1. Artist's violation of any federal, state or local law or regulation. 5.1.2. Artist's breach of any of the terms or conditions of this Agreement, including the Application and Timeline, or any unapproved deviation from said documents that has not been cured within 30 days of written notice of such breach. 5.2. In the event the Agreement is terminated under Section 4.1, City reserves the right to require Artist to refund any or all funds awarded to Artist under this Agreement, and Artist agrees to refund to City any or all funds awarded under this Agreement. 6. Limitation of Liability. 6.1. IN NO EVENT SHALL CITY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXPENSES FOR ANY NEGLIGENCE, BREACH OF CONTRACT OR ANY OTHER ACT ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE ACTIVITIES COVERED HEREUNDER. 6.2. Section 6 and Section 7 do not limit Artist's rights, including its ability to seek recovery, against anyone other than City, its directors, officers, employees, agents, successors and assigns. 7. Insurance Artist shall procure and maintain for the duration of the agreement, the following insurance coverages: MINIMUM SCOPE AND LIMIT OF INSURANCE Artist shall maintain limits of insurance coverage in the following minimum amounts and shall be at least as broad as: Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. • Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with combined single limits of$1,000,000. In the event Artist does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance with existing limits, which can be lower than $1,000,000. • Workers' Compensation (WIC): as required by the State of California, with statutory limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident, per employee, per policy for bodily injury or disease. This requirement can be waived if Artist has no employees. If Artist maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Artist. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: 1. CGL and AL policies: City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Artist including materials, parts, equipment, and personnel furnished in connection with such work or operations. 2. All required insurance policies: Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Artist for City. 3. All required insurance policies: For any claims related to this contract, Artist's insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. 4. All required insurance policies: A severability of interest provision must apply for all the additional insureds, ensuring that Artist's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. 5. Each insurance policy required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Community Development Agency, 20 Civic Center Drive, M-25, Santa Ana, CA 92701. The name and location of the event should be included in the Description of Operations section of each certificate. Self-Insured Retentions Self-insured retentions must be declared to and approved by the City. City may require Artist to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City, Verification of Coverage Artist shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Artist's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Claims Made Policies If any of the required policies provide coverage on a claims-made basis: 1. The retroactive date must be shown and must be before the date of the contract or the beginning of work. 2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of work. 3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, Artist must purchase "extended reporting" coverage for a minimum of three (3) years after completion of work. Subcontractors Artist shall require and verify that all sub-contractors maintain insurance meeting all the requirements stated herein, and Artist shall ensure that City is an additional insured on insurance required from sub-contractors. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 8. Indemnification. 8.1. Artist shall defend, indemnify, protect and hold harmless the City, and its elected and appointed officers, employees, members or agents from and against all claims for damages, liability, cost and expense (including without limitation attorney's fees) arising out of or alleged by third parties to be the result of the negligent acts, errors or omissions or the willful misconduct of the Artist, and Artist's employees, subcontractors or other persons, agencies or firms for whom Artist is legally responsible in connection with the execution of the work covered by this Agreement. Artist shall have no duty to indemnify or hold harmless the City if claims, damages, liability, costs, expenses (including without limitation, attorney's fees) arise from the sole negligence or sole willful misconduct of the City subsequent to declaration by the Artist. Artist's obligations shall survive the termination of this Agreement. 8.2. Artist agrees to hereby fully release and forever discharge the City from any and all claims, demands, damages, losses, and liabilities (hereinafter collectively referred to as "claims"), which are or may be related to or in any way connected with the negligence or willful misconduct of its officers, officials, employees, or agents in connection with the creation, painting, performance or installation of the Artwork hereunder. 8.3. Artist further agrees that City may in good faith and on reasonable terms settle any such claims and that City's right to indemnification shall extend to any such settlement, provided City has given notice of such claim and its intent to settle. City's right to indemnification is in addition to, and may be exercised independently of, any remedy held by City under this Agreement, at law or in equity. The indemnity provision set forth in this Agreement shall survive the termination or expiration of this Agreement indefinitely. 9. General Provisions. 9.1. Artist shall acquire prior written permission from City for any use of the City name or logo in association with its Artwork. 9.2. If any parts of this Agreement are held to be invalid or unenforceable,the remaining parts of the Agreement shall continue to be valid and enforceable. 9.3. Artist shall comply with all governmental requirements that may now or in the future become applicable to its Services under this Agreement. 9.4. This Agreement, including Exhibit A, Scope of Work, and any amendments or schedules hereto, contain the full understanding and agreement of the Parties with respect to its subject matter, and no waiver, alteration or modification of any of the provisions to this Agreement shall be binding unless in writing and signed by an authorized officer of both Parties. 9.5. No waiver by either Party or any breach, default, or series of breaches or defaults, and no failure, refusal, or neglect of either Party to exercise any right, power, or option given to it under this Agreement or to insist upon strict compliance with the terms of this Agreement shall constitute a waiver of these provisions with respect to any subsequent breach or waiver by either Party or its right at any time thereafter to require exact and strict compliance with provisions of this Agreement. 9.6. Any notice or other communication required or permitted to be made or given by either Party pursuant to this Agreement will be in writing and will be deemed to have been duly given: (i) five (5) business days after the date of mailing if sent by registered or certified U.S. mail, postage prepaid, with return receipt requested; (ii) when transmitted if sent by facsimile, provided a confirmation of transmission is produced by the sending machine, or(iii)when delivered if delivered personally or sent by express courier service. All notices to City shall include a reference to the Artwork title. All notices will be sent to the other Party at its address as set forth below or at such other address as such Party will have specified in a notice given in accordance with this section: Artist: Brian Peterson Art, Inc. 75 Via Cuidado Rancho Santa Margarita, CA 92688 Ph: 949-459-8488 aguileraarts@gmail.com City: City of Santa Ana City Clerk 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702 FAX (714) 647-6956 9.7. This Agreement is subject to all applicable local, State and Federal laws. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 9.8. Artist agrees to comply with all applicable equal opportunity and affirmative action laws as appropriate, Artist shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Artist affirms that it is an equal opportunity employer (if applicable) and shall comply with all applicable federal, state and local laws and regulations. 9.9. Any funds provided under this Agreement that are not expended, obligated or otherwise committed by the termination or expiration of this Agreement shall be immediately returned to City. 9.10. Artist grants to City a non-exclusive, irrevocable, transferable, royalty free, worldwide license to use, reproduce, display, distribute, and prepare derivative works, in any form or media at the discretion of the City for the Artwork conceived, performed or created as a result of this Agreement. 9.11. Artist and any of the Artist's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of the City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, work's compensation benefits, injury leave or other leave benefits 9.12. Neither Party shall assign any rights or obligations under this Agreement. 9.13. Each Party covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of Services specified under this Agreement. 9.14. Each Party warrants that they have executed this Agreement knowingly, freely and voluntarily and with full knowledge of its legal consequences. All parties involved warrant and represent that, prior to executing this Agreement, each Party has had the opportunity to review and consider this matter with legal counsel, and that the terms of this Agreement, and its consequences, are fully understood by each Party. 9.15. This Agreement represents the entire agreement and understanding between the parties, and supersedes any and all prior agreements and understandings between the parties, whether oral or written. 9.16. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. [signatures on following page] IN WITNESS WHEREOF, the parties hereto have executed this Artist Agreement the date and year first above written. ATTEST: CITYOFSAATAANA Jennifer al Alvaro Nunez City Clerk City Manager 7 APPROVED AS TO FORM: BRIAN PETERSON ART INC Sonia R. Carvalho City Attorney Andrea Garcia-Miller Brian Peterson Assistant City Attorney Artist RECOMMENDED FOR APPROVAL; Michael L. Garcia Executive Director Community Development Agency EXHIBIT A SCOPE OF WORK Scope of Work (Peterson Projex Inc): 1.Artist Collaboration & Design: • Santa Ana-based artists will collaborate with Sahuayo-based artists to co-develop the mural concept and design. • The final design must reflect elements of both cities' heritage, community, and shared values. • Artists will participate in virtual and in-person meetings as needed to coordinate the design and execution plan. • Final mural design must be approved by relevant city departments before execution. 2. Site Preparation: • The Contractor shall be responsible for the complete cleaning, repair, and preparation of the designated wall surface in advance of the mural installation.This includes providing equipment, materials, and labor necessary to ensure the wall is in optimal condition to receive mural artwork. 3. Materials& Equipment: • Artists will provide all materials, tools, lifts/scaffolding, and equipment required to complete the mural. • This includes but is not limited to: o Primer o Paints (UV/weather-resistant) o Brushes, rollers, sprayers o Drop cloths and tarps o Ladders, scaffolds, or lifts o PPE (Personal Protective Equipment) 4. Mural Execution: • Artists will paint the mural collaboratively, adhering to the approved design. Work will be conducted safely and respectfully during approved hours and within any public space guidelines, • Estimated duration for installation: 4 weeks (to be determined based on project timeline). S. Protective Coating: • Upon completion, artists will apply a clear, anti-graffiti protective coating to preserve the integrity and longevity of the mural. Dellivanmbles: ° Final digital deyignforrnuna|, subn1ittedforchxapprove| ° Prepped and cleaned wall surface ° Completed mural on 2[Yx6[y vvaU ° Application of anti-graffiti protective coating ° Documentation of project pnooens(phntos/videoifavaUab|e) Budget Responsibilities: ° Artists will be compensated per agreement. • All supplies, tools, and coatings are to be covered by the artists as part of the scope. Timeline: ° Design Collaboration via Zoom: Sept 1—Soptl4 2025 ° Finalize Design 8K Prep Wall: Sept 15—Sept24, 2O25 • Community Feedback Days: Sept ZS—Sept27, 2O25 • Painting the Mural: Sept 28—Oct22, 2U25 • Apply Protective Coating: Oct 23—OcL27, 2O2S • Documentation &KPublic Sharing: Oct 2O—NovZ7, Z02S ' � � � � � DATE(MMIDDIYYYY) A� �� CERTIFICATE OF LIABILITY INSURANCE OSl192025 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(les)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 NAME: Next First Insurance Agency,Inc. PH ON o (855)222-5919e No IX PO Box 60787 EXII: (FA Pala Alto,CA 94306 E-MAIL pp ADDRESS: support@rextinsurance.com INSURERS AFFORDING COVERAGE NAIL# INSURER A: State National Insurance Company,Inc. 12831 INSURED INSURER B: Brian Peterson Art Inc 2522 Chambers Rd Ste V-116 INSURER C: Tustin,CA 92780 INSURER D: INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER:443901727 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. EXP INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER MM DDPOLICYIYYYY MMIDD EFF YfYYYY I LIMITS LTR X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $1,000,000.00 CLAIMS-MADE XI OCCUR DAMAGE TO RENTED l00,000.00 PREMISES Ea occurrence $ MED EXP(Any one person) $15,000.00 A X X NXTXKDWVFL-02-GL 01/2012025 01/20/2026 PERSONAL&ADV INJURY $1,000,000.00 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000.00 POLICY PRO O LOG PRODUCTS-COMPIOPAGO $2,000,000.00 X RI- OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTYDAMAGE $ AUTOS ONLY AUTOS ONLY Per accident UMBRELLA.LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAR HCLAIMS-MADE AGGREGATE $ DEQ I I RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETORYPARTNEPJEXECUTIVE ❑ EL EACH ACCIDENT $ OFFICERIMEMBEREXCLUDED? NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS beluw E.L.DISEASE-POLICY LIMIT S Each Occurrerce, $1,000,000.00 A Professional Liability X NXTXKDWVFL-02-GL 01/20/2025 01/20/2026 Aggregate: $2,000,D00,00 DESCRIPTION OF OPERATIONS I LOCATIONS!VEHICLES (ACORD 101,Additional Remarks Schedule,,may be attached if more space is required) The Certificate Holder is City of Santa Ana.A General Liability Waiver of Subrogation applies in favor of this Certificate Holder.City of Santa Ana,its City Council,officers, officials,employees,agents,and volunteer are Additional Insureds on the General Lia lity policy per the Additional Insured Automatic Status Endorsement.All Certificate Holder privileges apply only if required by written agreement between the Certificate Holder and the insured,and are subject to policy terms and conditions. Digitally signed Tu Tran Nguy—an Nguyen APPROVED Nguyen Mte:202s0a.2s 07:42:06-07'00' ,By Tu Tran Nguyen at 7:46 am,Aug 25,2025 CERTIFICATE HOLDER CANCELLATION City of Santa Ana LIVE CERTIFICATE Attn:Executive Director,Community Development Agency SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 20 Civic Center PI7 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Santa Ana,CA 92701 r + ACCORDANCE WITH THE POLICY PROVISIONS. ° AUTHORIZED REPRESENTATIVE Click or scan to view ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - AUTOMATIC STATUS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION II - WHO IS AN INSURED is amended to include as an additional insured any person or organization when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. A. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage"or"personal and advertising injury"caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf with respect to: a. Premises you own, rent, lease, or occupy; or b. Your ongoing operations performed for that insured. B. The insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. C. The Limits of Insurance applicable to the additional insured are the lesser of those specified in: 1. The written contract or agreement;or 2. The Declarations for this policy,whichever is less. Such are included in, and not in addition to, the Limits of Insurance shown in the Declarations. D. Regardless of whether other insurance is available to an additional insured on a primary basis, this insurance will be primary and noncontributory if a written contract between you and the additional insured specifically requires that this insurance be primary. All other terms and conditions of the policy remain unchanged. NXT-0308 BM GL 0619 Includes material copyrighted by Insurance Services Office, Inc. used with its Page 1 of 1 permission POLICY NUMBER: NXTXKDWVFL-02-GL COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any person or organization against whom you have agreed to waive such right of recovery in a written contract or agreement Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. 'F CG 24 04 05 09 ©Insurance Services Office, Inc., 2008 Page 1 of 1 II CITY OF SANTA ANA Risk Management a division of Human Resources Managing Risk through Awareness and Action AFFIDAVIT OF EXEMPTION FOR AUTOMOBILE LIABILITY INSURANCE l Brian Peterson ("Representative"),attest that I am an authorized (Name and Title of Vendor Representative) representative of Brian Peterson Art Inc ("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 ("Agreement")to provide Sahuayo Mural Project ("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. Aug 19, 2025 Signature fate Brian Peterson Print Name Owner CEO Title brianpetersondesign@gmaii.com Contact Information,i_e_,Telephone Number and/ot Email Address Affidavit of Exemption for Automobile Liability Insurance 11.12.2024 CITY OF SANTA ANA Risk Management a division of Human Resources * Managing Risk through Awareness and Action + AFFIDAVIT OF EXEMPTION FOR WORKERS' COMPENSATION INSURANCE 1 Brian Peterson ("Representative"), attest that I am an authorized (Name and Tine of Vendor Representative) representative of Brian Peterson Art Inc ("Company"), p y"), 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 ("Agreement")to provide Sahuayo Mural Project ("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 professional liability insurance coverage as required in the Agreement, it will be considered a breach of Agreement rendering the Agreement null and void and Company will be fully liable for any and all damages. Aug 19, 2025 Signature Date Brian Peterson Print Name Owner CEO title brianpetersondesign@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 ($I00,000).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