HomeMy WebLinkAbout25C - AGMT ARTIST GRANT PROGRAMREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JULY 17, 2018
TITLE:
INVESTING IN THE ARTIST GRANT
PROGRAM FISCAL YEAR 2018-2019
(STRATEGIC PLAN NO. 5,51B)
r
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
❑ As Recommended
❑ As Amended
❑ Ordinance on 1s' Reading
❑ Ordinance on 2o° Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Approve the Arts and Culture Commission's recommendations for Fiscal Year 2018-2019
Investing in the Artist Grant Opportunity in the amount of $70,000;
2. Authorize the City Manager and the Clerk of the Council to execute agreements with artists and
art organizations awarded funds as part of the approved program, beginning July 17, 2018 and
expiring July 16, 2019, subject to non -substantive changes approved by the City Manager and
City Attorney, as follows:
a. Marina C. Aguilera (Artist) will create a mosaic tile public art piece in downtown depicting
Santa Ana's green parrots, in the amount of $3,000.
b. Rogelio Reyes aka Roger Eyes R. (Artist) will create portraits of past and present labor
workers from Santa Ana exhibit them at the Downtown Art Walk, in the amount of $3,000.
c. Kimberly Janet Duran (Artist) will create a public art exhibition in downtown, in the
amount of $2,000.
d. Greg Camphire (Artist) will provide two musical performances at the Heritage Museum
and the Santa Ana Public Library highlighting people, places, and histories of Santa Ana,
in the amount of $2,000.
e. Ann Phong (Artist) will produce an art exhibition highlighting environmental awareness
themes at the John Wayne Airport and the Vietnamese American Arts & Letters
Association (VAALA), in the amount of $2,000.
f. Bud Herrera (Artist) will create murals in downtown with images from the city's history
and cultural heritage, in the amount of $2,000.
g. Vietnamese American Arts & Letters Association (Organization) will produce a free
filmmaking workshop series that will engage Santa Ana youth in digital filmmaking and
storytelling, in the amount of $6,820.
h. The Orange County Center for Contemporary Art (Organization) will provide a 3 -month
series of hands-on workshops, art field trips, and guest artist presentations to students
from the Santa Ana Unified School District, in the amount of $6,770.
i. Media Arts Santa Ana (Organization) will provide a multifaceted, multi -venue tribute to
science fiction author and former Santa Ana resident Phillip K. Dick with free admission
to Santa Ana residents, students, and teachers, in the amount of $6,690.
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Investing in The Artist Grant
Program Fiscal Year 2018-2019
July 17, 2018
Page 2
j. Heritage Museum of Orange County (Organization) will develop a mural with Santa Ana
artists, students, and residents, depicting the rich cultural heritage capturing two historic
milestones of Santa Ana: the 150th year anniversary of the founding in 1869 and the
130th year anniversary of the Santa Ana Unified School District, in the amount of $6,210.
k. Active Learning Believe and Inspire [ALBI] (Organization) in partnership with the Delhi
Center summer camp will provide visual art and poetry lessons for students ages 5-15
depicting their own personal community superheroes, and showcase the work created
by the students at various venues throughout the city, in the amount of $6,190.
I. Orange County Children's Therapeutic Arts Center (Organization) will produce a large-
scale youth art exhibition featuring the work of middle school students celebrating Santa
Ana youth, history, culture, and diversity in partnership with the Mexican Consulate,
Cambodian Family Community Center, and Southland Integrated Services, in the
amount of $6,030.
m. Outreach, Claire Trevor School of the Arts, UC Irvine (Organization) will provide
scholarships for Santa Ana High School students to participate in college and career
pathways in the arts workshops including transportation and meals, in the amount of
$6,010.
n. EI Centro Cultural de Mexico (Organization) will produce a Dia del Nino, or Day of the
Child event on April 28, 2019, a free family arts festival celebrating the traditional Latin-
American holiday that honors the important role of the child in the family and society in
the amount of $5,690.
o. Delhi Center (Organization) will present the history of the Delhi neighborhood through a
permanent artistic display of student artwork capturing the history of the neighborhood
since the late 1860's installed in the center's lobby in the amount of $5,590.
ARTS AND CULTURE COMMISSION
At a Special Meeting on July 2, 2018, the Arts and Culture Commission (ACC) recommended that
City Council approve the Investing in the Artist Grant Opportunity funding recommendation for
Fiscal Year 2018-2019 by a vote of 4:0 (Pena and Rubio absent).
DISCUSSION
For the past three years, the "Investing in the Artist Grant Opportunity' has distributed funds
averaging $75,000 per year to assist artists, arts organizations, and community organizations who
live and/or create work in the City of Santa Ana to enrich and invigorate the city's arts and culture
landscape.
This year, a total of $70,000 is available to be awarded to selected applicants. The grant funding
may be applied towards artistic needs small and large, depending on the proposal. Often times,
artists are faced with financial barriers and the grant will serve as a catalyst to further their
endeavors. Grants for arts organizations and collectives would support special events, arts and
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Investing in The Artist Grant
Program Fiscal Year 2018-2019
July 17, 2018
Page 3
cultural programming, marketing efforts, and nonprofit essentials; such as, materials, supplies,
special event production, artist fees, and community engagements.
Funding will be awarded as follows:
• up to $2,500 for emerging artists
• up to $5,000 for mid -career and established artists
• up to $5,000 for small arts organizations and collectives
• up to $10,000 for mid-sized and large arts organizations and collectives
The Investing in the Artist Grant Opportunity is entering the fourth year in 2018-2019. Applications
were accepted between March 1, 2018 and May 3, 2018. Staff conducted two mandatory
information sessions on March 14, 2018 and March 28, 2018. 11 individual artists and 11 nonprofit
501(c)(3) arts organizations applied for a total of 22 applications. A. review panel of five members
consisting of artists, arts leaders, and arts educators reviewed and rated the applications. See
Exhibits 1-15 for the signed agreements and summary of each applicant's proposal.
Artist applications were evaluated on the following criteria:
(1) Project Merit & Theme Relevance - 40%
(2) Artist Portfolio - 25%
(3) Potential Community Impact - 25%
(4) Individual Need - 10%
Organization applications were evaluated on the following criteria:
(1) Project Merit & Theme Relevance - 40%
(2) Organization Readiness/Fiscal Responsibility - 25%
(3) Potential Community Impact - 25%
(4) Organizational Need — 10%
Based on the panel's ratings, funding is recommended to be awarded to 6 individual artist
applicants and 9 nonprofit 501(c)(3) arts organizations, listed in the charts below, for a total of 15
final awardees, contingent upon staff determination of project feasibility and the ability of the
awardee to secure any required permits and/or utilities needed for the project. Individual artists
need to score over 60 points and nonprofit 501(c)(3) arts organizations need to score over 80 points
to be considered for funding. Four applicants were disqualified because they did not meet the
minimum requirements.
Individual artist applications and organizations were scored separately taking into account that
organizations tend to score higher because they typically have staff and resources to prepare their
proposals. Artist applications that scored over 60 points are recommended for awards based on
the identified need for their particular project, totaling $14,000, and were given priority before the
organizations as seen in the chart below:
25C-3
Investing in The Artist Grant
Program Fiscal Year 2018-2019
July 17, 2018
Page 4
ARTIST
AVERAGE
SCORE
AMOUNT
RECOMMENDED
BY PANEL
Marina C. Aguilera
78.6
$3,000
Rogelio Reyes aka Roger Eyes R.
74
$3,000
Kimberly Janet Duran
69.2
$2,000
Greg Cam hire
65.4
$2,000
Ann Phong
63.6
$2,000
Bud Herrera
63.6
$2,000
TOTAL
85.4
$14,000
To be equitable in the distribution of funds to the nine qualifying nonprofit 501(c)(3) arts
organizations, the remaining $56,000 in funds were then allocated based on their average score
and requested amount. Each organization's amount was then reduced by $2,530 as seen in the
chart below. See Exhibit 16 for a detailed explanation of the formula used to determine awarded
funds for organizations.
ORGANIZATION
AVERAGE
SCORE
AMOUNT
RECOMMENDED
BY PANEL
Vietnamese American Arts & Letters Association (VAALA)
93.5
$6,820
The Orange County Center for Contemporary Art OCCCA)
93
$6,770
Media Arts Santa Ana (MASA)
92.2
$6,690
Heritage Museum of Orange County
87.4
$6,210
ALBI
87.2
$6,190
Orange County Children's Therapeutic Arts Center (OCCTAC)
85.6
$6,030
Outreach, UC Irvine
85.4
$6,010
EI Centro Cultural de Mexico
82.2
$5,690
Delhi Center
81.2
$5,590
TOTAL
$56,000
Grantees will meet with staff and be required to submit a final report on outcomes achieved upon
the completion of their projects. The first payment will be disbursed at the commencement of the
grant period, and the second payment will be disbursed after completion of a final report, which will
include documentation for expenses paid, such as receipts, to support grant expenditures.
Grantees will also be required to submit a worksheet detailing the date, time, and location of the
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Investing in The Artist Grant
Program Fiscal Year 2018-2019
July 17, 2018
Page 5
workshop/event. Staff will provide the details of the workshops/events to City Council as they
become available.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports
Engagement & Sustainability,
Strategy B (Generate public and
finding for the arts).
FISCAL IMPACT
the City's efforts to meet Goal
Objective 5 (Promote a strong
private support and resources to
5 -Community Health, Livability,
arts and culture infrastructure),
strengthen, expand and stabilize
Funds in the amount of $70,000 are anticipated to be available in the CDA Strategic Plan Projects
account number (05218018-69152) for expenditure in FY 2018-2019.
Steven A. Mendoza
Executive Director
Community Development Agency
SAM/tl
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director 00
Finance and Management Services Agency
Exhibits: 1. - 6. Agreements with Artists
7. - 15. Agreements with Organizations
16. Rating Table
25C-5
25C-6
EXHIBIT 1
ARTS AND CULTURE ARTIST GRANT PROGRAM AGREEMENT BETWEEN
THE CITY OF SANTA ANA AND MARINA C. AGUILERA
This Artist Grant Agreement ("Agreement") is made and entered this 171" day of July, 2018, 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 Marina C. Aguilera
("Grantee") for the purpose of providing grant funding pursuant to the Investing in the Arts Grant
Program. City and Grantee may herein individually be referred to as a "Party" and collectively be
referred to as the "Parties" to the Agreement.
RECITALS:
A. On July 2, 2018, the Arts and Culture Commission reviewed all applicants and
recommended that Grantee be awarded an artist grant based on its Application for its
artwork ("Project"). A true and correct copy of Grantee's Application is attached hereto as
Exhibit A and incorporated herein by reference.
B. On July 17, 2018, the City Council approved the grant funding for Grantee and authorized
the execution of this Agreement.
C. In undertaking the performance pursuant to this Agreement, Grantee 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 be effective upon signature by both Parties and shall expire one
year from the date first written above, unless terminated earlier in accordance with this
Agreement.
2. Fundina.
2.1. Subject to Grantee's performance of all required actions under this Agreement, City shall
provide funding, in two disbursements, as detailed below, of an amount not to exceed Three
Thousand Dollars ($3,000.00) ("Grant Amount" or "Grant").
2.2. Grantee will be paid in two (2) installments. First payment will be two-thirds of the funding
amount provided above or $1,800.00 and will be provided within thirty (30) days of the full
execution of the Agreement by the parties. The second and final payment will include the
remaining amount of $1,200.00 and will be issued within thirty (30) days after the Grantee submits
to the City all the proper receipts, invoices and final report for the Project.
2.3. Appropriate performance of the Grantee 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 Grantee'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 grant awards and an individual's business relationship or potential business relationship with
City.
25C-7
EXHIBIT 1
3. Grant Activities. Grantee agrees
3.1. To perform the activities described in the Grant Application and Timeline submitted to City
for consideration dated May 3,2018, 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 Grantee, or any portion thereof, for any reason.
3.3. Grantee 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,
Grantee shall provide, at its expense, copies of all financial and accounting records produced by
it arising out of this Agreement.
3.4. Grantee shall allow audits, compliance or special reviews and inspections, including on-site
inspection, with or without prior notice, of Grantee's facilities by City or by third parties designated
by City, or their authorized representatives. Grantee 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. Grantee shall ensure that any areas utilized for the Project are maintained and restored to a
well-maintained, safe, sanitary, and clean condition, and kept free of any hazardous waste at all
times. All equipment associated with the installation of the artwork, trash and debris shall be
removed and cleaned up on a daily basis. Grantee 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 its sole discretion.
3.7. The Project may not include any breach of intellectual property, trademarks, brands, or
images of illegal activity, and the Grantee must be the copyright holder for the Project.
4. Termination.
4.1. City may immediately terminate this Agreement upon one or more of the following:
4.1.1. Grantee's violation of any federal, state or local law or regulation.
4.1.2. Grantee'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.
25C-8
EXHIBIT 1
4.2. In the event the Agreement is terminated under Section 4.1, City reserves the right to require
Grantee to refund any or all grant funds awarded to Grantee under this Agreement, and Grantee
agrees to refund to City any or all grant funds awarded under 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 Grantee'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. Grantee 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 Grantee, and Grantee's employees, subcontractors or other persons, agencies or firms for
whom Grantee is legally responsible in connection with the execution of the work covered by this
Agreement. Grantee 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 Grantee.
Grantee's obligations shall survive the termination of this Agreement.
6.2. Grantee 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. Grantee 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. General Provisions.
7.1. Grantee shall acquire prior written permission from City for any use of the City name or logo
in association with its Project.
7.2. 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.
7.3. Grantee shall comply with all governmental requirements that may now or in the future
become applicable to its activities under this Agreement.
25C-9
EXHIBIT 1
7.4. 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.
7.5. 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.
7.6. 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.
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:
Grantee: Marina C. Aguilera
75 Via Cuidado
Rancho Santa Margarita, CA 92688
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
7.7. 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.
7.8. Grantee agrees to comply with all applicable equal opportunity and affirmative action laws as
appropriate, Grantee 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. Grantee affirms that it is an equal opportunity employer (if
applicable) and shall comply with all applicable federal, state and local laws and regulations.
25C-10
EXHIBIT 1
7.9. 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.
7.10. Grantee 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.
7.11. Grantee and any of the Grantee'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.
7.12. Neither Party shall assign any rights or obligations under this Agreement.
7.13. 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.
7.14. 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.
7.15. 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.
7.16. 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}
25C-11
EXHIBIT 1
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST: ..
CITY OF SANTA ANA
Maria D. Huizar Raul Godinez II
Clerk of the Council City Manager
APPROVED AS TO FORM: GRANTEE:
Sonia R. Carvalho
Marinak. Aguilera J
Artist
RECOMMENDED FOR APPROVAL:
Steven A. Mendoza
Executive Director
Community Development Agency
25C-12
EXHIBIT 1
EXHIBIT A
INVESTING IN THE ARTS GRAIN PROGRAM
APPLICATION
25C-13
Name of Applicant: Award Amount: Category:
Marina Aguilera $3,000 Artist
Artist's Description of Project:
EXHIBIT 1
Average Score:
78.6 — 15t
My project is a celebration of Santa Ana's History in connection with the "Infamous Green
Parrots of Santa Ana" creating these beautiful Green Parrots in ceramic mosaic form which will
be inlaid in a rectangular relief, placed in downtown Santa Ana. This Art piece will be relevant to
the community, as well as to the beautification of Santa Ana, lasting Artwork for all to enjoy.
Artist is based in Santa Ana and proposes to use grant funds for a project in Ward 2.
Artist's proposed use of funds:
My fondest childhood memories living and growing up in Santa Ana are of the green and red birds
I saw and admired around my neighborhood. The history of these parrots is little known among
the residents of the city. Their presence is observed throughout the skies. I envision art that will
permanently preserve and pass on the story and beauty of the life of the Green Parrot. This has
Inspired me to develop the idea for The Santa Ana Green Parrot Mosaic Art relief. This project
will consist of Artwork of the legendary Parrots, created in ceramic tiles which will be embedded
and Inlaid into a rectangular relief. The size is approximately 4ft long by 2ft wide. The materials
needed will consist of: Various mosaic tiled pieces, ceramic paints, glazes, clay for sculpting,
grout, the cost for kiln use for kiln firings. adhesives to inlay pieces, a panel for the relief, tools,
sculpting tools, firing materials, mounting etc. This art relief, being of inlaid tile will never fade with
the elements, ensuring its durability and long lasting beauty will be adored and enjoyed by the
community for many generations to come.
Answers to Supplemental Questions:
Question 1: Please describe any additional City of Santa Ana resources required for your
project (permits, public space, licenses etc.) that you are required to obtain?
This Green Parrot Mosaic relief will be installed in a private space Downtown Santa Ana. The
letter from property Owner, Mr. Ryan Chase is included.
Question 2: Is this a new or existing program/project?
Yes this a new Art Project that will enhance the art experience to visitors along the historical 4th
street in downtown area.
Supplemental Question 3: How will the proposed project be presented or shared with the
public? Will the art display, event or performance be free and accessible to the public?
This proposed Art project will be presented in Ceramic Art form which will be designed and placed
onto a rectangular panel. Permanently displayed, free and to be shared with the public.
Supplemental Question 4: How will this project enrich the quality of life for Santa Ana
residents?
This Art project will enrich the quality of life for Santa Ana residents in that they will have:
Marina Aguilera
Page 1 of 2
25C-14
EXHIBIT 1
• A public Art piece celebrating the richness of Santa Ana's green parrots that everyone can
connect with.
• The Art is a permanent display to be admired and appreciated.
• The Mosaic Art relief to be enjoyed as well as contributing to the beauty of Santa Ana.
Supplemental Question 5: Describe how your project will stimulate economic development
for the City of Santa Ana.
My Art project will stimulate economic development for the City of Santa Ana by adding to the
historical narrative of parrots in Santa Ana and Orange County. Visitors to downtown will learn
about this rare bird that has inhabited the community for generations. The embedded ceramic
parrots and beautiful Art will contribute and be an addition to the established Art. The narrative
will be shared with many, bringing tourists to visit this area increasing the economy.
Marina Aguilera
Page 2 of 2
25C-15
EXHIBIT 2
ARTS AND CULTURE ARTIST GRANT PROGRAM AGREEMENT BETWEEN
THE CITY OF SANTA ANA AND ROGELIO REYES
This Artist Grant Agreement ("Agreement") is made and entered this 171' day of July, 2018, 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 Rogelio Reyes
("Grantee") for the purpose of providing grant funding pursuant to the Investing in the Arts Grant
Program. City and Grantee may herein individually be referred to as a "Party' and collectively be
referred to as the "Parties" to the Agreement.
RECITALS:
A. On July 2, 2018, the Arts and Culture Commission reviewed all applicants and
recommended that Grantee be awarded an artist grant based on its Application for its
artwork ("Project"). A true and correct copy of Grantee's Application is attached hereto as
Exhibit A and incorporated herein,by reference.
B. On July 17, 2018, the City Council approved the grant funding for Grantee and authorized
the execution of this Agreement.
C. In undertaking the performance pursuant to this Agreement, Grantee represents that it is
skilled and knowledgeable in the arts and culture arena and that the Project created or
performed hereunderwill 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 be effective upon signature by both Parties and shall expire one
year from the date first written above, unless terminated earlier in accordance with this
Agreement.
2. Funding.
2.1. Subject to Grantee's performance of all required actions under this Agreement, City shall
provide funding, in two disbursements, as detailed below, of an amount not to exceed Three
Thousand Dollars ($3,000.00) ("Grant Amount" or "Grant").
2.2. Grantee will be paid in two (2) installments. First payment will be two-thirds of the funding
amount provided above or $1,800.00 and will be provided within thirty (30) days of the full
execution of the Agreement by the parties. The second and final payment will include the
remaining amount of $1,200.00 and will be issued within thirty (30) days after the Grantee submits
to the City all the proper receipts, invoices and final report for the Project.
2.3. Appropriate performance of the Grantee 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 Grantee's performance is determined to be insufficient or
unacceptable in the Citys sole discretion.
2.4. City represents that there is no correlation or connection between its selection of individuals
for grant awards and an individual's business relationship or potential business relationship with
City.
25C-16
EXHIBIT 2
3. Grant Activities. Grantee agrees:
3.1. To perform the activities described in the Grant Application and Timeline submitted to City
for consideration dated May 3,2018, 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 Grantee, or any portion thereof, for any reason.
3.3. Grantee 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,
Grantee shall provide, at its expense, copies of all financial and accounting records produced by
it arising out of this Agreement.
3.4. Grantee shall allow audits, compliance or special reviews and inspections, including on-site
inspection, with or without prior notice, of Grantee's facilities by City or by third parties designated
by City, or their authorized representatives. Grantee 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. Grantee shall ensure that any areas utilized for the Project are maintained and restored to a
well-maintained, safe, sanitary, and clean condition, and kept free of any hazardous waste at all
times. All equipment associated with the installation of the artwork, trash and debris shall be
removed and cleaned up on a daily basis. Grantee 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 its sole discretion.
3.7. The Project may not include any breach of intellectual property, trademarks, brands, or
images of illegal activity, and the Grantee must be the copyright holder for the Project.
4. Termination.
4.1. City may immediately terminate this Agreement upon one or more of the following:
4.1.1. Grantee's violation of any federal, state or local law or regulation.
4.1.2. Grantee'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.
25C-17
EXHIBIT 2
4.2. In the event the Agreement is terminated under Section 4.1, City reserves the right to require
Grantee to refund any or all grant funds awarded to Grantee under this Agreement, and Grantee
agrees to refund to City any or all grant funds awarded under 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 Grantee'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. Grantee 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 Grantee, and Grantee's employees, subcontractors or other persons, agencies or firms for
whom Grantee is legally responsible in connection with the execution of the work covered by this
Agreement. Grantee 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 Grantee.
Grantee's obligations shall survive the termination of this Agreement.
6.2. Grantee 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. Grantee 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. General Provisions.
7.1. Grantee shall acquire prior written permission from City for any use of the City name or logo
in association with its Project.
7.2. 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.
7.3. Grantee shall comply with all governmental requirements that may now or in the future
become applicable to its activities under this Agreement.
25C-18
EXHIBIT 2
7.4. 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.
7.5. 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.
7.6. 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.
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:
Grantee: Rogelio Reyes
200 W. Columbine Avenue, #12
Santa Ana, CA 92707
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
7.7. 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.
7.8. Grantee agrees to comply with all applicable equal opportunity and affirmative action laws as
appropriate, Grantee 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. Grantee affirms that it is an equal opportunity employer (if
applicable) and shall comply with all applicable federal, state and local laws and regulations.
25C-19
EXHIBIT 2
7.9. 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.
7.10. Grantee 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.
7.11. Grantee and any of the Grantee'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.
7.12. Neither Party shall assign any rights or obligations under this Agreement.
7.13. 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.
7.14. 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.
7.15. 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.
7.16. 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}
25C-20
EXHIBIT 2
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
Maria D. Huizar
Clerk of the Council
APPROVED AS TO FORM:
Sonia R. Carvalho
City
RECOMMENDED FOR APPROVAL:
Steven A. Mendoza
Executive Director
Community Development Agency
CITY OF SANTA ANA
Raul Godinez II
City Manager
01146U
25C-21
EXHIBIT 2
EXHIBIT A
INVESTING IN THE ARTS GRANT PROGRAM
APPLICATION
25C-22
Name of Applicant:
Rogelio Reyes aka
Roger Eyes R.
Award Amount: Category:
$3,000 Artist
Artist's Description of Project:
EXHIBIT 2
Average Score:
74.0 — 2"d
Exhibition named "Another Day in Paradise: Portraying past and present Labor Workers in the
Santa Ana Area." It's a combination of art and history, and the reality of some of the people who've
helped make this area prosper, succeeding from the 18th century to present day.
Artist is based in Santa Ana and proposes to use grant funds for a project in Ward 1
Artist's proposed use of funds:
Total of expenditures are fully funded by SA Art Grant. All funds are to be used towards the
materials needed to create said artwork, items needed to run and set up the art show and tools
needed for online promotion of show and art creation.
Answers to Supplemental Questions:
Question 1: Please describe any additional City of Santa Ana resources required for your
project (permits, public space, licenses etc.) that you are required to obtain?
None. The art will be displayed during the art walk in the promenade area. Downtown Inc. has
been made aware of project proposal. No license needed to display art, only prior booking of
show.
Question 2: Is this a new or existing program/project?
This is a new project.
Question 3: How will the proposed project be presented or shared with the public? Will the
art display, event or performance be free and accessible to the public?
The exhibition will be held during the Santa Ana Art walk, in the artist Village promenade. The
large painted portraits will be hung on white panels spread across the promenade.
Question 4: How will this project enrich the quality of life for Santa Ana'residents?
I want people to walk away from this exhibition with a sense of the worker as a strong individual
who is contributing to this country daily. I want people to walk away recognizing workers in their
daily life. I want people to come and identify with what they see on the wall, to find a connection
to their your own story and possibly even their family's history.
Question 5:Describe how your project will stimulate economic development for the City of
Santa Ana.
Bringing more of our residents and their buying power out to art walk and spend at shops, galleries
and surrounding businesses.
Rogelio Reyes aka Roger Eyes R.
Page 1 of 1
25C-23
EXHIBIT 3
ARTS AND CULTURE ARTIST GRANT PROGRAM AGREEMENT BETWEEN
THE CITY OF SANTA ANA AND KIMBERLY JANET DURAN
This Artist Grant Agreement ("Agreement") is made and entered this 17th day of July, 2018, 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 Kimberly -Janet
Duran ("Grantee") for the purpose of providing grant funding pursuant to the Investing in the Arts
Grant Program. City and Grantee may herein individually be referred to as a "Party" and
collectively be referred to as the "Parties" to the Agreement.
RECITALS:
A. On July. 2, 2018, the Arts and Culture Commission reviewed all applicants and
recommended that Grantee be awarded an artist grant based on its Application for its
artwork ("Project"). A true and correct copy of Grantee's Application is attached hereto as
Exhibit A and incorporated herein by reference.
B. On July 17, 2018, the City Council approved the grant funding for Grantee and authorized
the execution of this Agreement.
C. In undertaking the performance pursuant to this Agreement, Grantee 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 be effective upon signature by both Parties and shall expire one
year from the date first written above, unless terminated earlier in accordance with this
Agreement.
2. Funding.
2.1. Subject to Grantee's performance of all required actions under this Agreement, City shall
provide funding, in two disbursements, as detailed below, of an amount not to exceed Two
Thousand Dollars ($2,000.00) ("Grant Amount" or "Grant").
2.2. Grantee will be paid in two (2) installments. First payment will be two-thirds of the funding
amount provided above or $1,200.00 and will be provided within thirty (30) days of the full
execution of the Agreement by the parties. The second and final payment will include the
remaining amount of $800.00 and will be issued within thirty (30) days after the Grantee submits
to the City all the proper receipts, invoices and final report for the Project.
2.3. Appropriate performance of the Grantee 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 Grantee'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 grant awards and an individual's business relationship or potential business relationship with
City.
25C-24
EXHIBIT 3
3. Grant Activities. Grantee agrees:
3.1. To perform the activities described in the Grant Application and Timeline submitted to City
for consideration dated May 3,2018, 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 Grantee, or any portion thereof, for any reason.
3.3. Grantee 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,
Grantee shall provide, at its expense, copies of all financial and accounting records produced by
it arising out of this Agreement.
3.4. Grantee shall allow audits, compliance or special reviews and inspections, including on-site
inspection, with or without prior notice, of Grantee's facilities by City or by third parties designated
by City, or their authorized representatives. Grantee 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. Grantee shall ensure that any areas utilized for the Project are maintained and restored to a
well-maintained, safe, sanitary, and clean condition, and kept free of any hazardous waste at all
times. All equipment associated with the installation of the artwork, trash and debris shall be
removed and cleaned up on a daily basis. Grantee 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 its sole discretion.
3.7. The Project may not include any breach of intellectual property, trademarks, brands, or
images of illegal activity, and the Grantee must be the copyright holder for the Project.
4. Termination.
4.1. City may immediately terminate this Agreement upon one or more of the following:
4.1.1. Grantee's violation of any federal, state or local law or regulation.
4.1.2. Grantee'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.
25C-25
EXHIBIT 3
4.2. In the event the Agreement is terminated under Section 4.1, City reserves the right to require
Grantee to refund any or all grant funds awarded to Grantee under this Agreement, and Grantee
agrees to refund to City any or all grant funds awarded under 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 Grantee'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. Grantee 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 Grantee, and Grantee's employees, subcontractors or other persons, agencies or firms for
whom Grantee is legally responsible in connection with the execution of the work covered by this
Agreement. Grantee 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 Grantee.
Grantee's obligations shall survive the termination of this Agreement.
6.2. Grantee 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. Grantee 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. General Provisions.
7.1. Grantee shall acquire prior written permission from City for any use of the City name or logo
in association with its Project.
7.2. 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.
7.3. Grantee shall comply with all governmental requirements that may now or in the future
become applicable to its activities under this Agreement.
25C-26
EXHIBIT 3
7.4. 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.
7.5. 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.
7.6. 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.
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:
Grantee: Kimberly Janet Duran
204 E. 41' Street, #A8
Santa Ana, CA 92701
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
7.7. 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.
7.8. Grantee agrees to comply with all applicable equal opportunity and affirmative action laws as
appropriate, Grantee 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. Grantee affirms that it is an equal opportunity employer (if
applicable) and shall comply with all applicable federal, state and local laws and regulations.
25C-27
EXHIBIT 3
7.9. 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.
7.10. Grantee 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.
7.11. Grantee and any of the Grantee'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.
7.12. Neither Party shall assign any rights or obligations under this Agreement.
7.13. 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.
7.14. 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.
7.15. 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.
7.16. 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}
25C-28
EXHIBIT 3
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
CITY OF SANTA ANA
Maria D. Huizar Raul Godinez II
Clerk of the Council City Manager
APPROVED AS TO FORM:
RECOMMENDED FOR APPROVAL:
Steven A. Mendoza
Executive Director
Community Development Agency
GRANTEE:
KI berly JaWDura
Artist
25C-29
EXHIBIT 3
EXHIBIT A
INVESTING IN THE ARTS GRANT PROGRAM
APPLICATION
25C-30
Name of Applicant: Award Amount: Category:
Kimberly Duran $2,000 Artist
Artist's Description of Project:
EXHIBIT 3
Average Score:
69.2 — 3'd
My proposal for the artist grant is a year-round public art exhibition that will be set in the existing
Outdoor Art Alley in Downtown Santa Ana. My goal is to utilize the existing walls as a canvas for
the exhibition. It will create a geographical location in the downtown of the city that will attract not
only locals, and tourist but other creative individuals to utilize the artwork for potential collaborative
projects. This exhibition will be free to the public, as well as accessible to all kinds of people,
tourist, locals of all ages.
Artist is based in Santa Ana and proposes to use grant funds for a project in Ward 2.
Artist's proposed use of funds:
Funding will provide artist with Materials for paint, masking and prepping materials as well as buff
paint and rollers to help maintain the art throughout the year to assist with keeping it clean and
buffing vandalism. Grant will also assist artist with purchasing professional ladders to assist with
execution of artwork. Artist will also use funds towards marketing and advertising Art alley online,
in person and via Social Media. Artist will create visuals and document creation of exhibition to
help promote Art alley and market area to increase tourism and create a landmark space in
Downtown as an outdoor art alley.
Answers to Supplemental Questions:
Question 1: Please describe any additional City of Santa Ana resources required for your
project (permits, public space, licenses etc.) that you are required to obtain?
No permits nor licenses are required. Artist already has a public space as well as permission from
property owner to paint artwork.
Question 2: Is this a new or existing program/project?
This is an existing project.
Question 3: How will the proposed project be presented or shared with the public? Will the
art display, event or performance be free and accessible to the public?
Artwork will be free of charge and accessible to the public as well as friendly to all age groups.
Exhibition will be located off 3rd and Bush street directly in Front of Yost theater where tons of
people congregate and have free access to artwork on their daily commutes.
Question 4: How will this project enrich the quality of life for Santa Ana residents?
This project will enrich the city by providing free access to art exhibition. Open spaces for public
to collaborate with artist free of charge to utilize artwork for potential Photography, Film and
Backdrops that are accessible to everyone as well as create more content for online/social media
promotion. Artwork will also celebrate various ethnicity and beautify the spaces that will
encompass the art making it more inviting to community. It will add to the public art scene as well
as amplifying the heart of the city as a Haven for Art and enrich the Artist District.
Kimberly Duran
Page 1 of 2
25C-31
EXHIBIT 3
Question 5: Describe how your project will stimulate economic development for the City of
Santa Ana.
"The sign of a great state or a great city is the strength of its cultural life." This project will create
an effort to improve the economic well-being and quality of life for the community by creating
diversity in Public Art as well as generating additional revenue for surrounding businesses from
Tourist. Study show the importance of public arts and culture as an effective product for tourism
professionals both domestically and internationally. As well as identifying Downtown Santa Ana
as a thriving geographical Artist District.
Kimberly Duran
Page 2 of 2
25C-32
EXHIBIT 4
ARTS AND CULTURE ARTIST GRANT PROGRAM AGREEMENT BETWEEN
THE CITY OF SANTA ANA AND GREG CAMPHIRE
This Artist Grant Agreement ("Agreement") is made and entered this 171" day of July, 2018, 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 Greg Camphire
("Grantee") for the purpose of providing grant funding pursuant to the Investing in the Arts Grant
Program. City and Grantee may herein individually be referred to as a "Party' and collectively be
referred to as the "Parties" to the Agreement.
RECITALS:
A. On July 2, 2018, the Arts and Culture Commission reviewed all applicants and
recommended that Grantee be awarded an artist grant based on its Application for its
artwork ("Project"). A true and correct copy of Grantee's Application is attached hereto as
Exhibit A and incorporated herein by reference.
B. On July 17, 2018, the City Council approved the grant funding for Grantee and authorized
the execution of this Agreement.
C. In undertaking the performance pursuant to this Agreement, Grantee 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 be effective upon signature by both Parties and shall expire one
year from the date first written above, unless terminated earlier in accordance with this
Agreement.
2. Funding.
2.1. Subject to Grantee's performance of all required actions under this Agreement, City shall
provide funding, in two disbursements, as detailed below, of an amount not to exceed Two
Thousand Dollars ($2;000.00) ("Grant Amount" or "Grant").
2.2. Grantee will be paid in two (2) installments. First payment will be two-thirds of the funding
amount provided above or $1,200.00 and will be provided within thirty (30) days of the full
execution of the Agreement by the parties. The second and final payment will include the
remaining amount of $800.00 and will be issued within thirty (30) days after the Grantee submits
to the City all the proper receipts, invoices and final report for the Project.
2.3. Appropriate performance of the Grantee 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 Grantee'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 grant awards and an individual's business relationship or potential business relationship with
City.
25C-33
EXHIBIT 4
3. Grant Activities. Grantee agrees
3.1. To perform the activities described in the Grant Application and Timeline submitted to City
for consideration dated May 3,2018, 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 Grantee, or any portion thereof, for any reason.
3.3. Grantee 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,
Grantee shall provide, at its expense, copies of all financial and accounting records produced by
it arising out of this Agreement.
3.4. Grantee shall allow audits, compliance or special reviews and inspections, including on-site
inspection, with or without prior notice, of Grantee's facilities by City or by third parties designated
by City, or their authorized representatives. Grantee 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. Grantee shall ensure that any areas utilized for the Project are maintained and restored to a
well-maintained, safe, sanitary, and clean condition, and kept free of any hazardous waste at all
times. All equipment associated with the installation of the artwork, trash and debris shall be
removed and cleaned up on a daily basis. Grantee 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 its sole discretion.
3.7. The Project may not include any breach of intellectual property, trademarks, brands, or
images of illegal activity, and the Grantee must be the copyright holder for the Project.
4. Termination.
4.1. City may immediately terminate this Agreement upon one or more of the following:
4.1.1. Grantee's violation of any federal, state or local law or regulation.
4.1.2. Grantee'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.
25C-34
EXHIBIT 4
4.2. In the event the Agreement is terminated under Section 4.1, City reserves the right to require
Grantee to refund any or all grant funds awarded to Grantee under this Agreement, and Grantee
agrees to refund to City any or all grant funds awarded under 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 Grantee'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. Grantee 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 Grantee, and Grantee's employees, subcontractors or other persons, agencies or firms for
whom Grantee is legally responsible in connection with the execution of the work covered by this
Agreement. Grantee 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 Grantee.
Grantee's obligations shall survive the termination of this Agreement.
6.2. Grantee 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. Grantee 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. General Provisions.
7.1. Grantee shall acquire prior written permission from City for any use of the City name or logo
In association with its Project.
7.2. 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.
7.3. Grantee shall comply with all governmental requirements that may now or in the future
become applicable to its activities under this Agreement.
25C-35
WN: II-3kCA
7.4. 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.
7.5. 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.
7.6. 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.
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:
Grantee: Greg Camphire
322 Wakeham Avenue
Santa Ana, CA 92701
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
7.7. 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.
7.8. Grantee agrees to comply with all applicable equal opportunity and affirmative action laws as
appropriate, Grantee 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. Grantee affirms that it is an equal opportunity employer (if
applicable) and shall comply with all applicable federal, state and local laws and regulations.
25C-36
IWA: n ]1z!
7.9. Any funds provided under this Agreement that are not expended, obligated or otherMse
committed by the termination or expiration of this Agreement shall be immediately returned to
City.
7.10. Grantee 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.
7.11. Grantee and any of the Grantee'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.
7.12. Neither Party shall assign any rights or obligations under this Agreement.
7.13. 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.
7.14. 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.
7.15. 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.
7.16. 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}
25C-37
EXHIBIT 4
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
Maria D.'Huizar
Clerk of the Council
APPROVED AS TO FORM:
Sonia R. Carvalho
RECOMMENDED FOR APPROVAL:
Steven A. Mendoza
Executive Director
Community Development Agency
CITY OF SANTA ANA
Raul Godinez II
City Manager
GRANTEE:
G
G1eg Camphire
rtist
25C-38
EXHIBIT 4
EXHIBIT A
INVESTING IN THE ARTS GRANT PROGRAM
APPLICATION
25C-39
Name of Applicant: Award Amount: Category:
Greg Camphire $2,000 Artist
Artist's Description of Project:
_ 01#1M,
Average Score:
65.4-411,
My project intends to feature the city in two location -specific performances featuring my original
music as the soundtrack to people, places, cultures, and historical narratives in Santa Ana. My
musical approach unites acoustic and electronic instruments that interact with the surrounding
environment of each performance area. My skills as a writer also help to infuse my music with a
storytelling sensibility, opening new windows through which residents can experience their
surroundings. I intend to highlight how Santa Ana residents are global citizens, connected to many
of the world's art forms and cultures right here in our city.
Artist is based in Santa Ana and proposes to use grant funds for a project in Wards 2, 5, and 6.
Artist's proposed use of funds:
Funds would be used to purchase supplies and resources specific to the completion of this project.
These would include music equipment, especially sound amplification gear suitable to produce
live outdoor performances, as well as specific technology such as MIDI Sprout. A venue stipend
will be included for the Heritage Museum, while additional performer honorariums will be provided
to my potential collaborators for the Alex Odeh performance at the Santa Ana Public Library.
Answers to Supplemental Questions:
Question 1: Please describe any additional City of Santa Ana resources required for your
project (permits, public space, licenses etc.) that you are required to obtain?
The majority of these performances will be staged on private property owned by organizations or
individuals. The only exception is the Alex Odeh performance on the lawn of the Santa Ana Public
Library. The library's employees have informed me that this may only require the proper insurance
liability, and I am working with them to ensure that those needs will be met if/when the
performances takes place in 2019.
Question 2: Is this a new or existing program/project?
This is a new project, intended to highlight the people, places, and histories of Santa Ana.
However, I have previous experience in staging similar performances that combine original music
with multimedia productions, including film soundtracks, parades, and theatrical variety shows.
Question 3: How will the proposed project be presented or shared with the public? Will the
art display, event or performance be free and accessible to the public?
All performances in this proposed series will be free and accessible to the public, with dedicated
bilingual outreach to the surrounding neighborhoods of each performance. Photos and recorded
video of the performances will also be made available for online viewing following the live events.
Greg Camphire
Page 1 of 2
25C-40
I:*:1:11-3111i!
Question 4: How will this project enrich the quality of life for Santa Ana residents?
Santa Ana residents already have a wealth of enriching places, people, and ideas right in front of
them, all over the city. My project intends to expose elements that may have been overlooked,
and place them in a new context. In turn, I hope to inspire residents to continue viewing these and
other parts of their city with fresh perspectives, so that they are empowered to enrich their own
lives with the art, culture, and science that surrounds them daily.
Question 5:Describe how your project will stimulate economic development for the City of
Santa Ana.
Directly, my project will stimulate attendance at locations including the Heritage Museum and the
Santa Ana Public Library. Indirectly, my project encourages civic participation, engagement with
arts and culture, and curiosity about the city that can lead to other forms of development and
stimulation.
Greg Camphire
Page 2 of 2
25C-41
EXHIBIT 5
ARTS AND CULTURE ARTIST GRANT PROGRAM AGREEMENT BETWEEN
THE CITY OF SANTA ANA AND ANN PHONG
This Artist Grant Agreement ("Agreement") is made and entered this 17'" day of July, 2018, 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 Ann Phohg
("Grantee") for the purpose of providing grant funding pursuant to the Investing in the Arts Grant
Program. City and Grantee may herein individually be referred to as a "Party" and collectively be
referred to as the "Parties" to the Agreement.
RECITALS:
A. On July 2, 2018, the Arts and Culture Commission reviewed all applicants and
recommended that Grantee be awarded an artist grant based on its Application for its
artwork ("Project"). A true and correct copy of Grantee's Application is attached hereto as
Exhibit A and incorporated herein by reference.
B. On July 17, 2018, the City Council approved the grant funding for Grantee and authorized
the execution of this Agreement.
C. In undertaking the performance pursuant to this Agreement, Grantee 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 be effective upon signature by both Parties and shall expire one
year from the date first written above, unless terminated earlier in accordance with this
Agreement.
2. Funding.
2.1. Subject to Grantee's performance of all required actions under this Agreement, City shall
provide funding, in two disbursements, as detailed below, of an amount not to exceed Two
Thousand Dollars ($2,000.00) ("Grant Amount" or "Grant").
2.2. Grantee will be paid in two (2) installments. First payment will be two-thirds of the funding
amount provided above or $1,200.00 and will be provided within thirty (30) days of the full
execution of the Agreement by the parties. The second and final payment will include the
remaining amount of $800.00 and will be issued within thirty (30) days after the Grantee submits
to the City all the proper receipts, invoices and final report for the Project.
2.3. Appropriate performance of the Grantee 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 Grantee'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 grant awards and an individual's business relationship or potential business relationship with
City.
25C-42
EXHIBIT 5
3. Grant Activities. Grantee agrees:
3.1. To perform the activities described in the Grant Application and Timeline submitted to City
for consideration dated May 3,2018, 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 Grantee, or any portion thereof, for any reason.
3.3. Grantee 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,
Grantee shall provide, at its expense, copies of all financial and accounting records produced by
it arising out of this Agreement.
3.4. Grantee shall allow audits, compliance or special reviews and inspections, including on-site
inspection, with or without prior notice, of Grantee's facilities by City or by third parties designated
by City, or their authorized representatives. Grantee 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. Grantee shall ensure that any areas utilized for the Project are maintained and restored to a
well-maintained, safe, sanitary, and clean condition, and kept free of any hazardous waste at all
times. All equipment associated with the installation of the artwork, trash and debris shall be
removed and cleaned up on a daily basis. Grantee 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 its sole discretion.
3.7. The Project may not include any breach of intellectual property, trademarks, brands, or
images of illegal activity, and the Grantee must be the copyright holder for the Project.
4. Termination.
4.1. City may immediately terminate this Agreement upon one or more of the following:
4.1.1. Grantee's violation of any federal, state or local law or regulation.
4.1.2. Grantee'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.
25C-43
EXHIBIT 5
4.2. In the event the Agreement is terminated under Section 4.1, City reserves the right to require
Grantee to refund any or all grant funds awarded to Grantee under this Agreement, and Grantee
agrees to refund to City any or all grant funds awarded under 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 Grantee'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. Grantee 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 Grantee, and Grantee's employees, subcontractors or other persons, agencies or firms for
whom Grantee is legally responsible in connection with the execution of the work covered by this
Agreement. Grantee 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 Grantee.
Grantee's obligations shall survive the termination of this Agreement.
6.2. Grantee agrees to herebyfully 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. Grantee 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. General Provisions.
7.1. Grantee shall acquire prior written permission from City for any use of the City name or logo
in association with its Project.
7.2. 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.
7.3. Grantee shall comply with all governmental requirements that may now or in the future
become applicable to its activities under this Agreement.
25C-44
EXHIBIT 5
7.4. 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.
7.5. 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.
7.6. 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.
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:
Grantee: Ann Phong
13626 Beach Street
Cerritos, CA 90703
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
7.7. 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.
7.8. Grantee agrees to comply with all applicable equal opportunity and affirmative action laws as
appropriate, Grantee 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. Grantee affirms that it is an equal opportunity employer (if
applicable) and shall comply with all applicable federal, state and local laws and regulations.
25C-45
EXHIBIT 5
7.9. 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.
7.10. Grantee 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.
7.11. Grantee and any of the Grantee'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.
7.12. Neither Party shall assign any rights or obligations under this Agreement.
7.13. 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.
7.14. Each Parry 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.
7.15. 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.
7.16. 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}
25C-46
EXHIBIT 5
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
Maria D. Huizar
Clerk of the Council
APPROVED AS TO FORM:
Sonia R. Carvalho
0
Attorney
RECOMMENDED FOR APPROVAL:
Steven A. Mendoza
Executive Director
Community Development Agency
CITY OF SANTA ANA
Raul Godinez II
City Manager
GRANTEE:
25C-47
EXHIBIT 5
EXHIBIT A
INVESTING IN THE ARTS GRANT PROGRAM
APPLICATION
25C-48
Name of Applicant: Award Amount: Category:
Ann Phong $2,000 Artist
Artist's Description of Project:
EXHIBIT 5
Average Score:
63.6 — 5'"
This project is to create the awareness of our living environment, with paintings that express the
multiple viewpoints of human habitat. My paintings focus on the environmental issues: Some
human creates comfortable place to live. Others who are careless or greedy in money do create
harmful environment for themselves and others. The finished paintings will be exhibited at the
John Wayne Airport (18601 Airport Way. Santa Ana, CA) in October of 2019, at the international
terminal hallway exhibition walls. After that, the artworks will exhibit at VAALA Center for public
view (1600 N, Broadway, Santa Ana 92706) in June 2020.
Artist is not based in Santa Ana. Artist proposes to use grant funds for a project based in Santa
Ana in Wards 1 and 2.
Artist's proposed use of funds:
$2000 will be used for purchasing artwork materials to create 20 large paintings. They are three-
dimensional, relief like mixed media art. $800, will be used for self -guided trip to observe the
Santa Ana's unique houses and buildings within a 10 months' time frame. Then create 20
paintings that relate to the beauty of city clean dwellings vs the polluted areas in other cities on
earth. $2190 will be used for attending the international seminar that discusses the effects of
pollution in our environment. The grant will financially support me taking some time off from work
and will also let me learn more on the subject matter that I want to pursue in my art.
Answers to Supplemental Questions:
Question 1: Please describe any additional City of Santa Ana resources required for your
project (permits, public space, licenses etc.) that you are required to obtain?
No need for any additional City resource. I paint in my studio.
Question 2: Is this a new or existing program/project?
This is a new project/exhibition at John Wayne Airport in October 2019. The artworks will also be
exhibited in VAALA Art Center in June 2020.
Question 3: How will the proposed project be presented or shared with the public? Will the
art display, event or performance be free and accessible to the public?
The exhibition will be organized in October 2019 and will be displayed in the international terminal
hallways. The audience come from many different cities and countries on earth. John Wayne
Airport is one of the biggest airports in Southern California. If my artwork is exhibited there, my
message will have a farther -reaching audience, for art is a language we can all understand and
this is a planet we all share. When the exhibition travel to VAALA Center (1600 N, Broadway,
Santa Ana, CA 92706) in June 2020, it welcomes public to come in to enjoy and study.
Ann Phong
Page 1 of 2
25C-49
EXHIBIT 5
Question 4: How will this project enrich the quality of life for Santa Ana residents?
My artworks represent the Santa Ana residents to present their environmental awareness to
everybody through art to the people who travel in and out the Orange County biggest airport.
Question 5: Describe how your project will stimulate economic development for the City
of Santa Ana.:
Strong art beautifies the exhibition space, and enriches the viewers' mind.
Ann Phong
Page 2 of 2
25C-50
EXHIBIT 6
ARTS AND CULTURE ARTIST GRANT PROGRAM AGREEMENT BETWEEN
THE CITY OF SANTA ANA AND BUD HERRERA
This Artist Grant Agreement ("Agreement") is made and entered this 171° day of July, 2018, 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 Bud Herrera
("Grantee") for the purpose of providing grant funding pursuant to the Investing in the Arts Grant
Program. City and Grantee may herein individually be referred to as a "Party" and collectively be
referred to as the "Parties" to the Agreement.
RECITALS:
A. On July 2, 2018, the Arts and Culture Commission reviewed all applicants and
recommended that Grantee be awarded an artist grant based on its Application for its
artwork ("Project"). A true and correct copy of Grantee's Application is attached hereto as
Exhibit A and incorporated herein by reference.
B. On July 17, 2018, the City Council approved the grant funding for Grantee and authorized
the execution of this Agreement.
C. In undertaking the performance pursuant to this Agreement, Grantee 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 be effective upon signature by both Parties and shall expire one
year from the date first written above, unless terminated earlier in accordance with this
Agreement.
2. Funding.
2.1. Subject to Grantee's performance of all required actions under this Agreement, City shall
provide funding, in two disbursements, as detailed below, of an amount not to exceed Two
Thousand Dollars ($2,000.00) ("Grant Amount" or "Grant").
2.2. Grantee will be paid in two (2) installments. First payment will be two-thirds of the funding
amount provided above or $1,200.00 and will be provided within thirty (30) days of the full
execution of the Agreement by the parties. The second and final payment will include the
remaining amount of $800.00 and will be issued within thirty (30) days after the Grantee submits
to the City all the proper receipts, invoices and final report for the Project.
2.3. Appropriate performance of the Grantee 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 Grantee'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 grant awards and an individual's business relationship or potential business relationship with
City.
25C-51
424:11#1
3. Grant Activities. Grantee agrees:
3.1. To perform the activities described in the Grant Application and Timeline submitted to City
for consideration dated May 3,2018, 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 Grantee, or any portion thereof, for any reason.
3.3. Grantee 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,
Grantee shall provide, at its expense, copies of all financial and accounting records produced by
it arising out of this Agreement.
3.4. Grantee shall allow audits, compliance or special reviews and inspections, including on-site
inspection, with or without prior notice, of Grantee's facilities by City or by third parties designated
by City, or their authorized representatives. Grantee 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. Grantee shall ensure that any areas utilized for the Project are maintained and restored to a
well-maintained, safe, sanitary, and clean condition, and kept free of any hazardous waste at all
times. All equipment associated with the installation of the artwork, trash and debris shall be
removed and cleaned up on a daily basis. Grantee 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 its sole discretion.
3.7. The Project may not include any breach of intellectual property, trademarks, brands, or
images of illegal activity, and the Grantee must be the copyright holder for the Project.
4. Termination.
4.1. City may immediately terminate this Agreement upon one or more of the following:
4.1.1. Grantee's violation of any federal, state or local law or regulation.
4.1.2. Grantee'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.
25C-52
EXHIBIT 6
4.2. In the event the Agreement is terminated under Section 4.1, City reserves the right to require
Grantee to refund any or all grant funds awarded to Grantee under this Agreement, and Grantee
agrees to refund to City any or all grant funds awarded under 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 Grantee'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. Grantee 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 Grantee, and Grantee's employees, subcontractors or other persons, agencies or firms for
whom Grantee is legally responsible in connection with the execution of the work covered by this
Agreement. Grantee 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 Grantee.
Grantee's obligations shall survive the termination of this Agreement.
6.2. Grantee 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. Grantee 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. General Provisions,
7.1. Grantee shall acquire prior written permission from City for any use of the City name or logo
in association with its Project.
7.2. 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.
7.3. Grantee shall comply with all governmental requirements that may now or in the future
become applicable to its activities under this Agreement.
25C-53
EXHIBIT 6
7.4. 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.
7.5. 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.
7.6. 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.
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:
Grantee: Bud Herrera
204 E. 4th Street, #A8
Santa Ana, CA 92701
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
7.7. 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.
7.8. Grantee agrees to comply with all applicable equal opportunity and affirmative action laws as
appropriate, Grantee 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. Grantee affirms that it is an equal opportunity employer (if
applicable) and shall comply with all applicable federal, state and local laws and regulations.
25C-54
EXHIBIT 6
7.9. 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.
7.10. Grantee 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.
7.11. Grantee and any of the Grantee'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.
7.12. Neither Party shall assign any rights or obligations under this Agreement.
7.13. 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.
7.14. 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.
7.15. 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.
7.16. 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}
25C-55
EXHIBIT 6
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
Maria D. Huizar
Clerk of the Council
APPROVED AS TO FORM:
Sonia R. Carvalho
FOR APPROVAL:
Steven A. Mendoza
Executive Director
Community Development Agency
CITY OF SANTA ANA
Raul Godinez II
City Manager
GRANTEE:
� u Herrera
Artist
25C-56
EXHIBIT 6
EXHIBIT A
INVESTING IN THE ARTS GRANT PROGRAM
APPLICATION
25C-57
EXHIBIT 6
Name of Applicant: Award Amount: Category: Average Score:
Bud Herrera $2,000 Artist 63.6 — 61"
Artist's Description Project:
Create cultural murals on a public wall and public alley that will celebrate various cultures as well
as empower the community. Murals will amplify the public spaces and educate the locals as well
as tourist on the cities diverse heritage and history. Artist will also provide live art entertainment
and help educate their community by painting imagery that is derived from the cities colorful
history.
Artist is based in Santa Ana and proposes to use grant funds for a project in Ward 2.
Artist's proposed use of funds:
Funding will provide materials for murals to be painted i.e., paint, aerosol and brushes. As well as
purchasing of professional equipment like ladders and prepping materials for masking. Grant will
also fund artist to help market the artwork and location including promotional materials like
stickers and advertising.
Answers to Supplemental Questions:
Question 1: Please describe any additional City of Santa Ana resources required for your
project (permits, public space, licenses etc.) that you are required to obtain?
Artist already has a public space as well as permission from property owner to paint artwork. No
licenses nor permits are required to obtain.
Question 2: Is this a new or existing program/project?
Yes, this is already an existing project.
Question 3: How will the proposed project be presented or shared with the public? Will the
art display, event or performance be free and accessible to the public?
Project will provide Murals free of charge and accessible to the public as well as friendly to all age
groups.
Question 4: How will this project enrich the quality of life for Santa Ana residents?
Mural project will enrich the city by embracing Cultural diversity and Heritage through Public Art.
It will promote open spaces for public to collaborate with artist free of charge to utilize artwork for
potential Photography, Videography and Backdrops that are accessible to everyone as well as
create more content for online/social media promotion and distribution. Artwork will also celebrate
various ethnicity and embrace cultures of all types. Murals will beautify the spaces that will
encompass the art making it more inviting to community. It will add to the public art scene as well
as amplifying the Downtown Artist Scene.
Bud Herrera
Page 1 of 2
25C-58
EXHIBIT 6
Question 5: Describe how your project will stimulate economic development for the City
of Santa Ana.
This project will celebrate the multi -cultural neighborhoods of Santa Ana. It will create an effort to
improve the economic well-being and quality of life for the community by creating diversity in
Public Art as well as generating additional revenue for surrounding businesses from Tourist and
visitors. The importance of public arts and culture are an effective product for tourism both local
and internationally. As well as recognizing Downtown Santa Ana as a thriving geographical Artist
District.
Bud Herrera
Page 2 of 2
25C-59
25C-60
EXHIBIT 7
ARTS AND CULTURE ARTIST GRANT PROGRAM AGREEMENT BETWEEN
THE CITY OF SANTA ANA AND VIETNAMESE AMERICAN ARTS & LETTERS
ASSOCIATION
This Artist Grant Agreement ("Agreement") is made and entered this 170 day of July, 2018, 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 Vietnamese
American Arts & Letters Association ("Grantee") for the purpose of providing grant funding
pursuant to the Investing in the Arts Grant Program. City and Grantee may herein individually be
referred to as a "Party" and collectively be referred to as the "Parties" to the Agreement.
RECITALS:
A. On July 2, 2018, the Arts and Culture Commission reviewed all applicants and
recommended that Grantee be awarded an artist grant based on its Application for its
artwork ("Project"). A true and correct copy of Grantee's Application is attached hereto as
Exhibit A and incorporated herein by reference.
B. On July 17, 2018, the City Council approved the grant funding for Grantee and authorized
the execution of this Agreement.
C. In undertaking the performance pursuant to this Agreement, Grantee represents that it is
skilled and knowledgeable in the arts and culture arena and that the Project created or
performed hereunderwill 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 be effective upon signature by both Parties and shall expire one
year from the date first written above, unless terminated earlier in accordance with this
Agreement.
2. Fundina.
2.1. Subject to Grantee's performance of all required actions under this Agreement, City shall
provide funding, in two disbursements, as detailed below, of an amount not to exceed Six
Thousand, Eight Hundred, Twenty Dollars ($6,820.00) ("Grant Amount" or "Grant").
2.2. Grantee will be paid in two (2) installments. First payment will be one-half of the funding
amount provided above or $3,410.00 and will be provided within thirty (30) days of the full
execution of the Agreement by the parties. The second and final payment will include the
remaining amount of $3,410.00 and will be issued within thirty (30) days after the Grantee submits
to the City all the proper receipts, invoices and final report for the Project.
2.3. Appropriate performance of the Grantee 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 Grantee's performance is determined to be insufficient or
unacceptable in the City's sole discretion.
25C-61
EXHIBIT 7
2.4. City represents that there is no correlation or connection between its selection of institutions
or organizations for grant awards and an institution or organization's business relationship or
potential business relationship with City.
3. Grant Activities. Grantee agrees:
3.1. To perform the activities described in the Grant Application and Timeline submitted to City
for consideration dated May 3, 2018, 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 Grantee, or any portion thereof, for any reason.
3.3. Grantee 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,
Grantee shall provide, at its expense, copies of all financial and accounting records produced by
it arising out of this Agreement.
3.4. Grantee shall allow audits, compliance or special reviews and inspections, including on-site
inspection, with or without prior notice, of Grantee's facilities by City or by third parties designated
by City, or their authorized representatives. Grantee 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. Grantee shall ensure that any areas utilized for the Project are maintained and restored to a
well-maintained, safe, sanitary, and clean condition, and kept free of any hazardous waste at all
times. All equipment associated with the installation of the artwork, trash and debris shall be
removed and cleaned up on a daily basis. Grantee 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 its sole discretion.
3.7. The Project may not include any breach of intellectual property, trademarks, brands, or
images of illegal activity, and the Grantee must be the copyright holder for the Project.
4. Termination.
4.1. City may immediately terminate this Agreement upon one or more of the following:
4.1.1. Grantee's violation of any federal, state or local law or regulation.
25C-62
EXHIBIT 7
4.1.2. Grantee'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.
4.2. In the event the Agreement is terminated under Section 4.1, City reserves the right to require
Grantee to refund any or all grant funds awarded to Grantee under this Agreement, and Grantee
agrees to refund to City any or all grant funds awarded under 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 Grantee'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. Grantee 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 Grantee, and Grantee's employees, subcontractors or other persons, agencies or firms for
whom Grantee is legally responsible in connection with the execution of the work covered by this
Agreement. Grantee 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 Grantee.
Grantee's obligations shall survive the termination of this Agreement.
6.2. Grantee 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. Grantee 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. General Provisions.
7.1. Grantee shall acquire prior written permission from City for any use of the City name or logo
in association with its Project.
7.2. 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.
25C-63
EXHIBIT 7
7.3. Grantee shall comply with all governmental requirements that may now or in the future
become applicable to its activities under this Agreement.
7.4. 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.
7.5. 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.
7.6. 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.
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:
Grantee: Vietnamese American Arts & Letters Association
1600 N. Broadway, #210
Santa Ana, CA 92706
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
7.7. 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.
7.8. Grantee agrees to comply with all applicable equal opportunity and affirmative action laws as
appropriate, Grantee shall not discriminate because of race, color, creed, religion, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited
25C-64
EXHIBIT 7
by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other
employment related activities. Grantee affirms that it is an equal opportunity employer (if
applicable) and shall comply with all applicable federal, state and local laws and regulations.
7.9. 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.
7.10. Grantee 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.
7.11. Grantee and any of the Grantee'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.
7.12. Neither Party shall assign any rights or obligations under this Agreement.
7.13. 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.
7.14. 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.
7.15. 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.
7.16. 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)
25C-65
EXHIBIT 7
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
Maria D. Huizar
Clerk of the Council
APPROVED AS TO FORM:
Sonia R. Carvalho
RECOMMENDED FOR APPROVAL:
Steven A. Mendoza
Executive Director
Community Development Agency
CITY OF SANTA ANA
Raul Godinez
City Manager
GRANTEE: VA9V,,A
Ysa Le
Executive Director
25C-66
EXHIBIT 7
EXHIBIT A
INVESTING IN THE ARTS GRANT PROGRAM
APPLICATION
25C-67
EXHIBIT 7
Name of Applicant: Award Amount: Category: Average Score:
Vietnamese American $6,820 Organization 93.5 — 19t
Arts & Letters
Association (VAALA)
Organization's Description of Project:
Youth in Motion: A Workshop for Emerging Filmmakers will engage Santa Ana -based youth in a
12 -week skills -based workshop centered on digital filmmaking and storytelling. Participants will
produce their own short films to premiere at the 2018 Viet Film Fest, community screenings in
Santa Ana and an open mic showcase event in partnership with common ground oc and VietRISE.
Organization is based in Santa Ana and proposes to use grant funds to provide arts and culture
programming in Wards 1-6.
Organization's proposed use of funds:
A grant from the City of Santa Ana Investing in the Artist grant will enable VAALA to offer a series
of skills -based workshops to youth living in Santa Ana led by filmmaking mentors and
professionals. Over a 12 -week period, 25 Santa Ana -based youth participants between the ages
of 15-25 years old will learn basic skills and tools for digital filmmaking and work collaboratively
to produce their own short films to premiere at the 2018 Viet Film Fest on October 12-14, 2018 at
the AMC Orange 30 (Outlets of Orange). The screening will be free and open to the public.
Sessions will include guest speakers and training from the local and Vietnamese American
filmmaking community.
The 2018 Youth in Motion program will focus on the themes of social justice and cultural diversity
in Santa Ana to encourage participants to think critically about the world they live in and how to
use storytelling and filmmaking.as a way to highlight the diverse communities in Santa Ana.
Additionally, VAALA will host two free community screenings in publicly accessible venues in
Santa Ana, one of which will culminate in a community arts showcase and open mic presented in
collaboration with common ground and VietRISE. common ground is an Orange County open mic
series based in Santa Ana organized by progressive Vietnamese American community members,
artists, and activists committed to cultivating a positive and safe healing space for artistic growth
and community empowerment. VietRISE is a newly formed community-based organization with
aims to support and strengthen civic engagement and organizing efforts within the Vietnamese
community in Orange County. Its goals are to create opportunities for leadership development,
increase civic participation, and foster transformative relationships and practices in the
community.
Through a $10,000 Investing in the Artists grant, VAALA will:
-Encourage and empower self-expression, confidence among Santa Ana youth
-Develop a sense of Santa Ana community -orientation and art appreciation
-Familiarize youth to filmmaking and the many aspects of the art form
-Expose 25 multi-ethnic youth to networking opportunities, expand career options, while
developing practical job skills through artistic development
-Create opportunities for 10 filmmaking artists to serve diverse communities in Santa Ana
-Increase the diversity of voices and stories in media and film
-Improve the quality of life of Santa Ana residents through community -centered film screenings
and a multi -art showcase
Vietnamese American Arts & Letters Association (VAALA)
Page 1 of 3
25C-68
EXHIBIT 7
The Investing in the Artist grant will directly fund Youth in Motion Program Coordinators and
support, Filmmaker Mentor Stipends, rental of filmmaking gear, editing software license and the
Youth in Motion community screenings and multi -art showcase events with an expected audience
of 1,000 people.
Answers to Supplemental Questions:
Question 1: Please describe any additional City of Santa Ana resources required for your
project (permits, public space, licenses etc.) that you are required to obtain?
With the support of common ground and VietRISE, VAALA will identify a space in Santa Ana that
is accessible to all Santa Ana residents. Possible locations include Heritage Museum of Orange
County, Godinez Fundamental High School, Valley High School and other areas in Santa Ana
that VAALA may not have traditionally reached (Wards 4 & 6 in particular).
Question 2: Is this a new or existing program/project?
Youth in Motion: A Program for Emerging Filmmakers was launched in 2014 but this is the first
time in which participants will be recruited specifically from within the City of Santa Ana.
Question 3: How will the proposed project be presented or shared with the public? Will the
art display, event or performance be free and accessible to the public?
Youth in Motion participants will premiere their films at the annual Viet Film Fest on October 12-
14, 2018 at the AMC Orange 30 (Outlets of Orange). The screening will be free and accessible
to the general public. Additionally, VAALA will host two, free community screenings in Santa Ana.
One of the free screenings will also be produced in partnership with common ground open mic
and VietRISE and will provide a safe and accessible space for creative expression through poetry,
spoken word, music, dance, visual and performance art.
Question 4: How will this project enrich the quality of life for Santa Ana residents?
As of 2010, more than 50% of Orange County's population consisted of people of color. Through
our extensive network of community partners, VAALA aims to create a diverse, inclusive and
multilingual art event that welcomes and engages voices and perspectives in Santa Ana that may
not historically been given an artistic platform. Providing opportunities for artistic enrichment and
engagement beyond the bounds of the "Santa Ana Artists Village" acknowledges the importance
of all communities (and wards) in Santa Ana and the desire to bring the transformative impact of
creative expression to all communities. Most importantly, Youth in Motion and its events will
center youth stories and creates opportunities to foster artistic leadership and career pathways.
Question 5: Describe how your project will stimulate economic development for the City
of Santa Ana.
With a specific focus on film mentorship, Youth in Motion invites a cross-section of Vietnamese
and Asian American Pacific Islander (AAPI) filmmakers to share, mentor and train Santa Ana -
based youth. Past mentors have included filmmakers Vincent Tran (B -BOYS), Gen -a Hamamoto
(THE CRUMBLES), Duc Nguyen (BOLINAO 52, STATELESS), Timothy Linh Bui (GREEN
DRAGON, THREE SEASONS) and Thien Do (FUNNY MONEY, THE FADING LIGHT). Through
Vietnamese American Arts & Letters Association (VAALA)
Page 2 of 3
25C-69
L42H-- 7
the shared lens our immigrant and refugee communities, the mentors bring their personal
experiences and filmmaking passion to the table and help the youth envision a career pathway
for themselves. This serves the purpose of fostering a vital, fresh and inspired artistic force in the
City of Santa Ana with a desire to continue bringing local stories to life through the medium of
film.
Vietnamese American Arts & Letters Association (VAALA)
Page 3 of 3
25C-70
i*:cn:3IN111111:3
ARTS AND CULTURE ARTIST GRANT PROGRAM AGREEMENT BETWEEN
THE CITY OF SANTA ANA AND THE ORANGE COUNTY CENTER FOR CONTEMPORARY
ART
This Artist Grant Agreement ("Agreement") is made and entered this 17"' day of July, 2018, 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 Orange County
Center for Contemporary Art ("Grantee") for the purpose of providing grant funding pursuant to
the Investing in the Arts Grant Program. City and Grantee may herein individually be referred to
as a "Party' and collectively be referred to as the "Parties" to the Agreement.
RECITALS:
A. On July 2, 2018, the Arts and Culture Commission reviewed all applicants and
recommended that Grantee be awarded an artist grant based on its Application for its
artwork ("Project"). A true and correct copy of Grantee's Application is attached hereto as
Exhibit A and incorporated herein by reference.
B. On July 17, 2018, the City Council approved the grant funding for Grantee and authorized
the execution of this Agreement.
C. In undertaking the performance pursuant to this Agreement, Grantee represents that it Is
skilled and knowledgeable in the arts and culture arena and that the Project created or
performed hereunderwill 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 be effective upon signature by both Parties and shall expire one
year from the date first written above, unless terminated earlier in accordance with this
Agreement.
2. Funding.
2.1. Subject to Grantee's performance of all required actions under this Agreement, City shall
provide funding, in two disbursements, as detailed below, of an amount not to exceed Six
Thousand, Seven Hundred, Seventy Dollars ($6,770.00) ("Grant Amount" or "Grant").
2.2. Grantee will be paid in two (2) installments. First payment will be one-half of the funding
amount provided above or $3,385.00 and will be provided within thirty (30) days of the full
execution of the Agreement by the parties. The second and final payment will include the
remaining amount of $3,385.00 and will be issued within thirty (30) days after the Grantee submits
to the City all the proper receipts, invoices and final report for the Project.
2.3. Appropriate performance of the Grantee 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 Grantee's performance is determined to be insufficient or
unacceptable in the City's sole discretion.
25C-71
EXHIBIT 8
2.4. City represents that there is no correlation or connection between its selection of institutions
or organizations for grant awards and an institution or organization's business relationship or
potential business relationship with City.
3. Grant Activities. Grantee agrees:
3.1. To perform the activities described in the Grant Application and Timeline submitted to City
for consideration dated May 3, 2018, 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 Grantee, or any portion thereof, for any reason.
3.3. Grantee 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,
Grantee shall provide, at its expense, copies of all financial and accounting records produced by
it arising out of this Agreement.
3.4. Grantee shall allow audits, compliance or special reviews and inspections, including on-site
Inspection, with or without prior notice, of Grantee's facilities by City or by third parties designated
by City, or their authorized representatives. Grantee 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. Grantee shall ensure that any areas utilized for the Project are maintained and restored to a
well-maintained, safe, sanitary, and clean condition, and kept free of any hazardous waste at all
times. All equipment associated with the installation of the artwork, trash and debris shall be
removed and cleaned up on a daily basis. Grantee 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 its sole discretion.
3.7. The Project may not include any breach of intellectual property, trademarks, brands, or
images of illegal activity, and the Grantee must be the copyright holder for the Project.
4. Termination.
4.1. City may immediately terminate this Agreement upon one or more of the following
4.1.1. Grantee's violation of any federal, state or local law or regulation.
25C-72
EXHIBIT 8
4.1.2. Grantee'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.
4.2. In the event the Agreement is terminated under Section 4.1, City reserves the right to require
Grantee to refund any or all grant funds awarded to Grantee under this Agreement, and Grantee
agrees to refund to City any or all grant funds awarded under 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 Grantee'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. Grantee 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 Grantee, and Grantee's employees, subcontractors or other persons, agencies or firms for
whom Grantee is legally responsible in connection with the execution of the work covered by this
Agreement. Grantee 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 Grantee.
Grantee's obligations shall survive the termination of this Agreement.
6.2. Grantee 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. Grantee 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. General Provisions.
7.1. Grantee shall acquire prior written permission from City for any use of the City name or logo
in association with its Project.
7.2. 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.
25C-73
EXHIBIT 8
7.3. Grantee shall comply with all governmental requirements that may now or in the future
become applicable to its activities under this Agreement.
7.4. 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.
7.5. 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.
7.6. 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.
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:
Grantee: The Orange County Center for Contemporary Art
117 Sycamore Street
Santa Ana, CA 92701
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
7.7. 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.
7.8. Grantee agrees to comply with all applicable equal opportunity and affirmative action laws as
appropriate, Grantee shall not discriminate because of race, color, creed, religion, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited
25C-74
EXHIBIT 8
by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other
employment related activities. Grantee affirms that it is an equal opportunity employer (if
applicable) and shall comply with all applicable federal, state and local laws and regulations.
7.9. 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.
7.10. Grantee 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.
7.11. Grantee and any of the Grantee'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.
7.12. Neither Party shall assign any rights or obligations under this Agreement.
7.13. 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.
7.14. 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.
7.15. 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.
7.16. 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}
25C-75
EXHIBIT 8
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
Maria D. Huizar
Clerk of the Council
APPROVED AS TO FORM:
Sonia R. Carvalho
RECOMMENDED FOR APPROVAL:
Steven A. Mendoza
Executive Director
Community Development Agency
CITY OF SANTA ANA
Raul Godinez II
City Manager
GRANTEE:
Orange County Center for
Contemporary Art
25C-76
EXHIBIT 8
EXHIBIT A
INVESTING IN THE ARTS GRANT PROGRAM
APPLICATION
25C-77
Name of Applicant:
The Orange County
Center for
Contemporary Art
(OCCCA)
Award Amount: Category:
$6,770 Organization
Organization's Description of Project:
EXHIBIT 8
Average Score:
93 — 2nd
"Art For All" Arts Outreach Program (AFA), facilitated by the Orange County Center for
Contemporary Art, provides Free art workshops to the Santa Ana Community. "AFA" offers
participants (of all ages and skill levels), the opportunity to learn to create artworks in a variety of
mixed media.
AFA will reach out to the underserved population of students from the Santa Ana Unified School
District through a 3 -month series of hands-on arts art workshops, art fieldtrips and guest artist
presentations. Students will explore various landscapes, venues and artists that represent the
cultural richness and beauty of Santa Ana's History.
Organization is based in Santa Ana and proposes to use grant funds to provide arts and culture
programming in Ward 2.
Organization's proposed use of funds:
We are asking for funding for an Art ForAll (AFA), Arts Outreach to Garfield Elementary School,
in SAUSD. The proposed AFA Arts Outreach Workshop series will be provided to participating
Garfield students and will run for approx. 3 months with one artworkshop perweek, (during school
hours), for a total of 12 workshops. Themes will focus on the History and Culture of Santa Ana.
Workshops will include: hands-on art making, art field trips and guest artist presentations.
Proposed dates: Weekly from January 16, 2018 through April 10th, 2019. (day- time tba). A
student art exhibition (of works created in the workshops) to culminate the experience will be held
in May or June 2019. (date tba)
Funding will pay for: Hands-on Art Workshops, Art Field trips, Guest Artist Presentations, Art
Workshop Supplies and Bus Rental.
Request for $10,000
(see detailed narrative below)
1. Artist -Educator Stipends for prep / teaching art workshops: $7,200 Total
12 workshops @ $300 per workshop x 2 educators = (Two Artist -educators @ $3,600 each)
Workshops Stipends Include all the work time involved in prepping and teaching the workshops:
Artist Educators will be creating lesson plans, pre -lesson PowerPoint presentation for students,
purchasing and preparing art supplies for workshops. They will also be facilitating the hands-on
art workshops and presentations in the classroom and on various field trips. For the culmination
they will be selecting and preparing artwork for student art exhibition. (Our OCCCA Artist Educator
team has decades of professional experience as practicing fine artists and art educators.)
2. Guest Artist Presentations:
Guest Artist Lecturer Stipends : $1,000 total
(Four Guest Artsists @ $250 each)
The Orange County Center for Contemporary Art (OCCCA)
Page 1 of 3
25C-78
EXHIBIT 8
Guest Artists will give a one-time presentation about their artwork and practice including a
discussion / Q & A., to participating Garfield Elementary school students. The Guest Artist Lecture
Presentations will take place in various locations:
a. Local Artist Ann Phong presentation will be held in the school classroom as a power point
lecture w/ Q & A.
b. Local Artist Abe Moya Jr. of the Santa Ana Artists Coalition presentation will be held on site at
the location of one of the coalition murals.
c. Local Artist John Ing presentation will be held on site at the OCCCA gallery during his solo
exhibition.
d. Local Poet Marcus Amari Poetry presentation will be held in the school classroom w/ Q & A
after the reading.
(All of our Artist Educators and Guest Artist Lecturers are practicing artists, arts advocates and
active members of Santa Ana Community Arts Organizations.)
3. Supplies:
Art Supplies for workshops : $1,350 Total
For the purchasing of perishable and non-perishable multi -media art supplies, for use by the
students to create artworks in AFA hands-on workshop series. Supplies will include but not
limited to : Acrylic paints, water colors, various brushes, pastels, pencils, various papers, wood,
glue, rulers, printmaking supplies and various other mixed media supplies tba....
4. Field Trip Rental:
Bus Rental for Museum field trip : $450 Total
A bus will be rented to transport students on a field trip from Garfield Elementary to Bowers
Museum and then back to Garfield. (All other field trips will be walking distance from school)
Answers to Supplemental Questions:
Question 1: Please describe any additional City of Santa Ana resources required for your
project (permits, public space, licenses etc.) that you are required to obtain?
Not applicable.
Question 2: Is this a new or existing program/project?
It is an expansion of OCCCA's "Art For All" Arts Outreach Program. This new expansion will
include a three month partnership -outreach with -to Garfield Elementary School providing hands-
on workshops to participating students along with Art field trips and Guest Artist Lecturers,
exploring, celebrating and reflecting on the vibrant Culture and History of Santa Ana.
History of "Art For All" (AFA):
Because OCCCA is an unsalaried, artist member run 501c3, programs such as "Art for All" can
only be facilitated with the allocation of grant funds. The "Art for All" Arts Outreach Program (AFA),
was established by the Orange County Center For Contemporary Art, in 2013, through the
The Orange County Center for Contemporary Art (OCCCA)
Page 2 of 3
25C-79
EXHIBIT 8
financial support of the OC Arts Initiative Grant. AFA began as an on-site program, held at the
OCCCCA Gallery, providing free hands-on art workshops to the public, in conjunction with the art
exhibition on view. In 2016, "Art For All" facilitated a 12 week AFA Arts Mentorship program,
partnering with the Corbin Center for at risk families, and provided art workshops and an exhibition
to their teen population. AFA arts outreach programming has been made possible through grant
funds from 2013 to 2016.
Question 3: How will the proposed project be presented or shared with the public? Will the
art display, event or performance be free and accessible to the public?
The proposed program "Art For All" will focus its outreach to the Santa Ana Unified School District,
which is part of the public school system. We will specifically be outreaching to Garfield
Elementary School in Santa Ana. A three month series of FREE hands-on Arts workshops, Guest
Artist Lectures and Arts Field trips will be provided to public school students from Garfield
Elementary School. Participating students will have the opportunity to create collaborative and
Individual projects in a variety of mixed media, while gaining tools/skills, inspiration, and a positive
access to their imagination and creativity. Workshops, presentations and field trip themes will
explore and reflect the past and present Culture and History of Santa Ana.
Workshops will culminate in a student art exhibition (of artwork created in the workshops). This
exhibition will be held at Garfield and OCCCA. The exhibition held at OCCCA will be Free and
open to the public.
Question 4: How will this project enrich the quality of life for Santa Ana residents?
Arts and cultural programming play an important role in cultivating and enriching our communities.
By providing opportunities for participation in accessible and free art outreach, all levels of society
can take part and benefit, regardless of income levels and status. Participation In Art programs
can increase: self-worth and esteem; ability to solve problems; a connection to others; skill set,
self understanding and personal empowerment through creative expression. The arts provide: a
meaningful and positive use of time and can give a renewed meaning, purpose and inspiration to
lives that may otherwise be stressful and difficult. The arts cultivate a positive vehicle with which
to express, engage, educate and communicate with friends, family and community. Our AFA arts
outreach program will engage the underserved population of SAUSD school students, who are in
need of and have lack of hands-on art programming in their school. Specifically, Art For All will
outreach to and partner with Garfield Elementary School (in SAUSD). Garfield Elementary School
is a recipient of free lunch programs. Garfield has expressed the need and desire for hands on
arts programming and they are excited to participate in the Art For All Arts Outreach Program. Via
hands-on art workshops and various field trips into the city's vast cultural landscape and venues,
we seek to enrich the lives of these participating students and plant a creative seed so they may
continue to cultivate their imagination through the process of art making and art appreciation.
Question 5: Describe how your project will stimulate economic development for the City
of Santa Ana.
All of the Artist / Educators and Guest Artist Lecturer's that are being paid for their participation in
this grant are either residents of Santa Ana or are actively working members and/or staff of 501 c3
Arts Organizations located in the city of Santa Ana.
The Orange County Center for Contemporary Art (OCCCA)
Page 3 of 3
25C-80
EXHIBIT 9
ARTS AND CULTURE ARTIST GRANT PROGRAM AGREEMENT BETWEEN
THE CITY OF SANTA ANA AND MEDIA ARTS SANTA ANA
This Artist Grant Agreement ("Agreement") Is made and entered this 171h day of July, 2018, 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 Media Arts Santa
Ana ("Grantee") for the purpose of providing grant funding pursuant to the Investing in the Arts
Grant Program. City and Grantee may herein individually be referred to as a "Party" and
collectively be referred to as the "Parties" to the Agreement.
RECITALS:
A. On July 2, 2018, the Arts and Culture Commission reviewed all applicants and
recommended that Grantee be awarded an artist grant based on its Application for its
artwork ("Project"). A true and correct copy of Grantee's Application is attached hereto as
Exhibit A and incorporated herein by reference.
B. On July 17, 2018, the City Council approved the grant funding for Grantee and authorized
the execution of this Agreement.
C. In undertaking the performance pursuant to this Agreement, Grantee 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 be effective upon signature by bath Parties and shall expire one
year from the date first written above, unless terminated earlier in accordance with this
Agreement.
2. Funding.
2.1. Subject to Grantee's performance of all required actions under this Agreement, City shall
provide funding, in two disbursements, as detailed below, of an amount not to exceed Six
Thousand, Six Hundred, Ninety Dollars ($6,690.00) ("Grant Amount" or "Grant").
2.2. Grantee will be paid in two (2) installments. First payment will be one-half of the funding
amount provided above or $3,345.00 and will be provided within thirty (30) days of the full
execution of the Agreement by the parties. The second and final payment will include the
remaining amount of $3,345.00 and will be issued within thirty (30) days after the Grantee submits
to the City all the proper receipts, invoices and final report for the Project.
2.3. Appropriate performance of the Grantee 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 Grantee'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 institutions
or organizations for grant awards and an institution or organization's business relationship or
potential business relationship with City.
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3. Grant Activities. Grantee agrees:
3.1. To perform the activities described in the Grant Application and Timeline submitted to City
for consideration dated May 3, 2018, 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 Grantee, or any portion thereof, for any reason.
3.3. Grantee 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,
Grantee shall provide, at its expense, copies of all financial and accounting records produced by
it arising out of this Agreement.
3.4. Grantee shall allow audits, compliance or special reviews and inspections, including on-site
inspection, with or without prior notice, of Grantee's facilities by City or by third parties designated
by City, or their authorized representatives. Grantee 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. Grantee shall ensure that any areas utilized for the Project are maintained and restored to a
well-maintained, safe, sanitary, and clean condition, and kept free of any hazardous waste at all
times. All equipment associated with the installation of the artwork, trash and debris shall be
removed and cleaned up on a daily basis. Grantee 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 its sole discretion.
3.7. The Project may not include any breach of intellectual property, trademarks, brands, or
images of illegal activity, and the Grantee must be the copyright holder for the Project.
4. Termination.
4.1. City may immediately terminate this Agreement upon one or more of the following:
4.1.1. Grantee's violation of any federal, state or local law or regulation.
4.1.2. Grantee'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.
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4.2. In the event the Agreement is terminated under Section 4.1, City reserves the right to require
Grantee to refund any or all grant funds awarded to Grantee under this Agreement, and Grantee
agrees to refund to City any or all grant funds awarded under this Agreement.
5. Limitation of Llabllity.
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 Grantee'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. Grantee 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 Grantee, and Grantee's employees, subcontractors or other persons, agencies or firms for
whom Grantee is legally responsible in connection with the execution of the work covered by this
Agreement. Grantee 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 Grantee.
Grantee's obligations shall survive the termination of this Agreement.
6.2. Grantee 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. Grantee 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. General Provisions.
7.1. Grantee shall acquire prior written permission from City for any use of the City name or logo
In association with its Project.
7.2. 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.
7.3. Grantee shall comply with all governmental requirements that may now or in the future
become applicable to its activities under this Agreement.
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WCi-M01
7.4. 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.
7.5. 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.
7.6. 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; (il) 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.
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:
Grantee: Media Arts Santa Ana
P.O. Box 1816
Santa Ana, CA 92702
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
7.7. 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.
7.8. Grantee agrees to comply with all applicable equal opportunity and affirmative action laws as
appropriate, Grantee 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. Grantee affirms that it is an equal opportunity employer (if
applicable) and shall comply with all applicable federal, state and local laws and regulations.
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EXHIBIT 9
7.9. 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.
7.10. Grantee 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.
7.11. Grantee and any of the Grantee'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.
7.12. Neither Party shall assign any rights or obligations under this Agreement.
7.13. 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.
7.14. 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.
7.15. This Agreement represents the entire agreement and understanding between the parties,
and supersedes any and all prior agreements and understandings between the parties, whether
orator written.
7.16. 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
damages to City in the event that such authority or power is not, in fact
is withdrawn.
{Signatures on following page}
25C-85
fees, for any injuries or
, held by the signatory or
DocuSign Envelope ID: DAEE8CFC-8FDB-47D4-BCAF-1EC5FBBEF427
EXHIBIT 9
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
Maria D. Huizar
Clerk of the Council
APPROVED AS TO FORM:
RECOMMENDED FOR APPROVAL:
Steven A. Mendoza
Executive Director
Community Development Agency
CITY OF SANTA ANA
Raul Godinez II
City Manager
GRANTEE:
Name: Victor FraAn
Title: Director, Media Arts Santa Ana
DocuSlgned by;
Name: um
Title:oirector of Finance
Community Partners
11
25C-86
EXHIBIT 9
EXHIBIT A
INVESTING IN THE ARTS GRANT PROGRAM
APPLICATION
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Name of Applicant: Award Amount: Category: Average Score:
Media Arts Santa Ana $6,690 Organization 92.2 -3rd
(MASA)
Artist's Description of Project:
Media Arts Santa Ana (MASA) will partner with New York's acclaimed Philip K. Dick Film Festival
to: 1. Curate a local tribute to visionary artist and former Santa Ana resident Philip K. Dick (PKD)
as part of the 9th OC Film Fiesta in October 2018; 2. Launch a Multicultural Dystopian/Science
Fiction Short Film Challenge; and 3. Bring the Philip K. Dick Film Festival to Santa Ana in March
2019. Winning films created during the challenge will be screened in the PKD Festival, providing
international exposure to local filmmakers and Santa Ana's history as the author's home and
literary inspiration.
Organization is based in Santa Ana and proposes to use grant funds to provide arts and culture
programming in Wards 2, 3, 5, and 6.
Organization's proposed use of funds:
Funds from the Investing in the Artist grant will be used to produce, present and promote a
multifaceted, multi -venue tribute to visionary science fiction author and former Santa Ana resident,
Philip K. Dick (PKD), and to provide free admission to Santa Ana residents, students and
teachers.
Proposed use of funds includes artist stipends, travel, lodging, printing, marketing, and rental fees
for films, equipment and venues.
Funds will also be utilized for website development, video documentation, and for vigorous
outreach to activate communities and populations in Santa Ana underserved by the arts.
Taking its lead from the multicultural vision in PKD's work, funds will also be used to will broaden
the discussion of diverse ethnic voices and visions in science fiction and speculative literature
and film, and to invite judges for the film challenge such as producer Victoria Alonso (Guardians
of the Galaxy, Black Panther), writer Roberto Orci (Star Trek), actor Donald Glover (Solo: A Star
Wars Story), director Alex Rivera (Sleep Dealer), singer -songwriter Janelle Monae (Dirty
Computer), Richard Linklater (A Scanner Darkly) and actor Edward James Olmos (Blade Runner,
Battlestar Galactica), whose Youth Cinema Project takes place at Santa Ana High School.
This will have an important role in promoting multi-ethnic visions, contributions and opportunities
across sectors, including literature, science, philosophy, placemaking, futurism, technology,
virtual reality, social justice, equity and inclusion.
9th OC Film Fiesta (October 18-28, 2018): Grant funds will support a special Tribute to Philip K.
Dick at Santa Ana College. This tribute will screen filmed adaptations of the author's work,
documentaries and present a panel discussion by Philip K. Dick experts. The tribute will have tie-
ins with the Santa Ana Public Library to stimulate appreciation of PKD's writings during the 90th
Anniversary of the author's birth.
In 2013, the Film Fiesta hosted the OC Premiere of Amazon's series, The Man in the High Castle,
based on PKD's groundbreaking novel. For the 2018 festival, we will showcase the streaming
Media Arts Santa Ana (MASA)
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EXHIBIT 9
series Electric Dreams, a multicultural British -American co -production, which also streams on
Amazon.
The Santa Ana Philip K. Dick Multicultural Dystopian & Science Fiction Film Challenge (October
2018 - March 2019): This five-month filmmaking challenge will be launched during the 9th OC
Film Fiesta in October 2018, and winning films created as part of this challenge will be screened
during the 7th Philip K. Dick Film Festival in March 2019.
Philip K. Dick Film Festival (March 2019): Funds will be used to bring partner with the Philip K.
Dick Film Festival to bring the event to Santa Ana for a historic first presentation of the festival in
California, in order to celebrate and recognize Santa Ana's role in inspiring the multicultural world
represented in the author's later work.
The Philip K. Dick festival will take place in a number of venues, including Picture Show at Main
Place, Santa Ana College and the Santa Ana Public Library. Additionally, the festival will also plan
a screening and community celebration at the Ebel] Club, which is located one block from Philip
K. Dick's home, and other community spaces relevant to Philip K. Dick's history in Santa Ana.
The PKD Festival will also host a discussion of PKD's metaphysical VALIS Trilogy, which was
written in Santa Ana and is full of stories about the author's time here.
Grant funds will print posters, postcards and bookmarks, which will be distributed at libraries and
locations throughout Santa Ana to promote artistic engagement from residents, youth, students
and visitors from all six wards in the city.
We will also support creative placemaking by conducting a "Philip K. Dick Walking Tour" of Santa
Ana and creating a "Philip K. Dick Psychogeographic Map," highlighting places where Philip K.
Dick lived and frequented in Santa Ana and Orange County.
The PKD festival will also be promoted at WonderCon, which takes place in March 2019 at the
Anaheim Convention Center. Approximately 40% of PKD Festival submissions come from
Southern California, and the PKD community is heavily represented in the LA/OC area. This
combines to assure a large turnout of visitors from throughout the region, which would help return
the city's investment in this project by creating new customers for local restaurants, businesses
and venues participating In the festival.
Where possible, grant funds will be used for Santa Ana vendors and businesses in order to
broaden the impact of the project's investment in the local arts economy.
MASA brings a significant outreach infrastructure that includes more than 2,000 contacts,
including local, regional and national media, academics, filmmakers, community organizations,
arts organizations, funders and festival fans. We also maintain two websites,
www.masamedia.org and www.ocfiilmfiesta.org, which are updated regularly.
Additionally, we print and distribute 5,000 postcards, posters and create a colorful pdf festival
catalogue, which is uploaded to our website and emailed to our outreach list, providing statewide
and national exposure.
We also send out regular updates via Mail Chimp and social media before, during and after the
festival. The project's impact is communicated via news coverage, social media and presentations
to City Council, business groups and community organizations. We receive regular consistent
Media Arts Santa Ana (MASA)
Page 2 of 5
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EXHIBIT 9
and generous coverage from the OC Weekly, OC Register, Excelsior, Miniondas, the City of
Santa Ana, online events calendars and local Latino electronic and online media outlets.
MASA's Radio Partner La Ranchera 96.7 FM, which is based in Santa Ana, will promote the
project to more than 420,000 listeners throughout Southern California, We also have outreach
partners such as Stay Connected OC, SAUSD and the OCHCC. This helps to maximize our
visibility and communicate the value, impact, artistic rigor and accessibility of our programs to
over 350,000 people. We also document all our programs via photography and video.
Funding from the Santa Ana Investing in the Arts grant is critical to success of this project, and
will help leverage the resources of the Film Fiesta and the Philip K. Dick Film Festival to bring the
festival to Santa Ana. If funding from the grant is not received, the 2019 Philip K. Dick Festival will
be held in New York.
Answers to Supplemental Questions:
Question 1: Please describe any additional City of Santa Ana resources required for your
project (permits, public space, licenses etc.) that you are required to obtain?
This project does not currently require additional resources from the city beyond the grant funds.
Depending on the diversity of the final screening locations, we may need to request use the new
city screening equipment to be used for free outdoor community screenings in parks.
Question 2: Is this a new or existing program/project?
This collaboration is a new project and for the OC Film Fiesta, which is in its 9th year. The website
for the OC Film Fiesta is www.ocfilmfiesta.org, and the trailer for Media Arts Santa Ana (MASA)
is viewable at https:/ivimeo.com/252737907
The Philip K. Dick Film Festival is in its 7th season. The website for the festival is
www.ThePhilipKDickFilmFestival.com, and the trailer for the 2017 festival is viewable at
https:/Ivimeo.com/244124683
The Multicultural Dystopian/Science Fiction Short Film Challenge is a new component, and is part
of Media Arts Santa Ana's strategic plan to create a citywide filmmaking challenge.
Question 3: How will the proposed project be presented or shared with the public? Will the
art display, event or performance be free and accessible to the public?
The project will be presented via a series of innovative and engaging events at traditional and
non-traditional screening venues, community spaces, schools, the Santa Ana Public Library and
sites relevant to Philip K. Dick's life and history in Santa Ana.
By selecting venues and sites located throughout the city, this project demonstrates a
commitment to accessibility, to geographic diversity and to showcasing diverse cultural spaces
located in Santa Ana's often overlooked communities outside of downtown.
Attendance to activities funded by the Investing in the Artist grant will be free for all Santa Ana
residents, students and teachers.
Media Arts Santa Ana (MASA)
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The Multicultural Dystopian Science Fiction Film Challenge will be launched and promoted during
the 9th OC Film Fiesta, and will encourage participation from filmmakers in all six of Santa Ana's
wards. The winning films will be presented in Santa Ana as part of the Philip K. Dick Film Festival
in March 2019.
In addition to providing accessible and affordable prices for Film Fiesta festival passes and tickets
to individual screenings, MASA offers low-cost $5 ticket prices to Santa Ana residents, students,
teachers and military/veterans. MASA is also committed to free community programming as part
of its events, in order to increase accessibility and family participation.
MASA utilizes a successful three-month outreach plan, strong media relationships, an extensive
outreach list and network of community partners to promote and share the project to the public.
The PKD festival will also be promoted at WonderCon, which takes place at the Anaheim
Convention Center in March 2019.
Question 4: How will this project enrich the quality of life for Santa Ana residents?
This project will enrich the quality of life for Santa Ana residents by providing innovative, engaging,
participatory and inspirational screenings, discussions and filmmaking opportunities celebrating
Santa Ana's most famous author, and visionary science fiction writer Philip K. Dick..
Philip K. Dick is recognized as one of the most prolific sci-fi writers in the world, whose works
have been adapted to numerous influential Hollywood releases including Blade Runner, Minority
Report, Total Recall and A Scanner Darkly.
While the fact that Philip K. Dick spent the last seven years of his life in Santa Ana is known to
fans and scholars throughout the world, it is virtually unknown to Santa Ana residents.
Few Santaneros know, for example, that PKD wrote three major novels in a small apartment
across from St. Joseph's Church, and lived there when film legend Ridley Scott was adapting
Dick's story "Do Androids Dream of Electric Sheep?" into the watershed multicultural 1982
Science Fiction classic Blade Runner starring Edward James Olmos.
Screenings will be distributed all over Santa Ana so residents have equal access and opportunity
to watch the free films. The Short Film competition will energize Santa Ana's citywide film
community.
Awareness that one of the most beloved writers in the world lived in Santa Ana will be a source
of pride for Santa Ana residents, especially youth, aspiring writers, filmmakers and artists. It will
spur an important discussion, appreciation and interest in the city's history, revisiting Santa Ana
in the late 1970s and reimagining its future.
Question 5: Describe how your project will stimulate economic development for the City
of Santa Ana.
This project will stimulate economic development in Santa Ana by identifying and promoting the
city as a major international cultural destination for fans of author Philip K. Dick, science fiction
literature and film, speculative fiction, history, metaphysics and Anaheim's WonderCon.
The combined resources, visions and fan bases of the OC Film Fiesta and the Philip K. Dick Film
Festival will put Santa Ana on the multicultural map for audiences from California to New York,
Media Arts Santa Ana (MASA)
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and in cities where the PKD Festival has been held, including Berlin, Rotterdam and Lille, France
This project will attract international tourists, artists, visitors, scholars to Santa Ana, adding an
important artistic figure to Santa Ana's cultural legacy, which already Includes Marlon Brando,
Dianne Keaton, The Righteous Brothers and Pepito and Joanne.
This project fulfills numerous priorities of Santa Ana's Arts Strategic Plan, and is in alignment with
the Film Fiesta's mission to celebrate Santa Ana's multicultural history and to stimulate creative
cultural development.
Since 2010, the Film Fiesta has spotlighted venues and organizations in Santa Ana's six wards,
.introducing them to wider audiences. These include SAUSD's SanArts Conservatory, OC
Musicians' Association, Frida Cinema, Heritage Museum of OC, LGBT Center on 4th, the
Suavecito Pomade Store, and the Bowers Museum.
The Short Film Challenge will promote Santa Ana as a film making destination, stimulate
investment in digital production in Santa Ana, engage the city's writers and media artists. MASA
will showcase important production resources, such as the SAC Digital Media Center and Samy's
Camera on Bristol.
Media Arts Santa Ana (MASA)
Page 5 of 5
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EXHIBIT 10
ARTS AND CULTURE ARTIST GRANT PROGRAM AGREEMENT BETWEEN
THE CITY OF SANTA ANA AND HERITAGE MUSEUM OF ORANGE COUNTY
This Artist Grant Agreement ("Agreement") is made and entered this 171' day of July, 2018, 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 Heritage- Museum
of -Orange County ("Grantee") for the purpose of providing grant funding pursuant to the Investing
in the Arts Grant Program. City and Grantee may herein individually be referred to as a "Party"
and collectively be referred to as the "Parties" to the Agreement.
RECITALS:
A. On July 2, 2018, the Arts and Culture Commission reviewed all applicants. and
recommended that Grantee be awarded an artist grant based on its Application for its
artwork ("Project"). A true and correct copy of Grantee's Application is attached hereto as
Exhibit A and incorporated herein by reference.
B. On July 17, 2018, the City Council approved the grant funding for Grantee and authorized
the execution of this Agreement.
C. In undertaking the performance pursuant to this Agreement, Grantee represents that it is
skilled and knowledgeable in the arts and culture arena and that the Project created or
performed hereunderwill 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 be effective upon signature by both Parties and shall expire one
year from the date first written above, unless terminated earlier in accordance with this
Agreement.
2. Fundina.
2.1. Subject to Grantee's performance of all required actions under this Agreement, City shall
provide funding, in two disbursements, as detailed below, of an amount not to exceed Six
Thousand, Six Hundred, Ninety Dollars ($6,210.00) ("Grant Amount" or "Grant").
2.2. Grantee will be paid in two (2) installments. First payment will be one-half of the funding
amount provided above or $3,105.00 and will be provided within thirty (30) days of the full
execution of the Agreement by the parties. The second and final payment will include the
remaining amount of $3,105.00 and will be issued within thirty (30) days after the Grantee submits
to the City all the proper receipts, invoices and final report for the Project.
2.3. Appropriate performance of the Grantee 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 Grantee'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 institutions
or organizations for grant awards and an institution or organization's business relationship or
potential business relationship with City.
25C-93
3. Grant Activities. Grantee agrees:
3.1. To perform the activities described in the Grant Application and Timeline submitted to City
for consideration dated May 3, 2018, 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 Grantee, or any portion thereof, for any reason.
3.3. Grantee 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,
Grantee shall provide, at its expense, copies of all financial and accounting records produced by
it arising out of this Agreement.
3.4. Grantee shall allow audits, compliance or special reviews and inspections, including on-site
inspection, with or without prior notice, of Grantee's facilities by City or by third parties designated
by City, or their authorized representatives. Grantee 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. Grantee shall ensure that any areas utilized for the Project are maintained and restored to a
well-maintained, safe, sanitary, and clean condition, and kept free of any hazardous waste at all
times. All equipment associated with the installation of the artwork, trash and debris shall be
removed and cleaned up on a daily basis. Grantee 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 its sole discretion.
3.7. The Project may not include any breach of intellectual property, trademarks, brands, or
images of illegal activity, and the Grantee must be the copyright holder for the Project.
4. Termination.
4.1. City may immediately terminate this Agreement upon one or more of the following:
4.1.1. Grantee's violation of any federal, state or local law or regulation.
4.1.2. Grantee'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.
25C-94
EXHIBIT 10
4,2, In the event the Agreement is terminated under Section 4.1, City reserves the right to require
Grantee to refund any or all grant funds awarded to Grantee under this Agreement, and Grantee
agrees to refund to City any or all grant funds awarded under 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 Grantee's rights, including its ability to seek recovery,
against anyone other than City, its directors, officers, employees, agents, successors and
assigns.
5. Indemnification.
6.1. Grantee 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 Grantee, and Grantee's employees, subcontractors or other persons, agencies or firms for
whom Grantee is legally responsible in connection with the execution of the work covered by this
Agreement. Grantee 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 Grantee.
Grantee's obligations shall survive the termination of this Agreement.
6.2. Grantee 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. Grantee 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. General Provisions.
7.1. Grantee shall acquire prior written permission from City for any use of the City name or logo
in association with its Project.
7.2. 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.
7.3. Grantee shall comply with all governmental requirements that may now or in the future
become applicable to its activities under this Agreement.
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EXHIBIT 10
7.4. 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.
7.5. 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.
7.6. 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.
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:
Grantee: Heritage Museum of Orange County
3101 W. Harvard Street
Santa Ana, CA 92704
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
7.7. 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.
7.8. Grantee agrees to comply with all applicable equal opportunity and affirmative action laws as
appropriate, Grantee 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. Grantee affirms that it is an equal opportunity employer (if
applicable) and shall comply with all applicable federal, state and local laws and regulations.
4
25C-96
IOTA :11-3IM101
7.9. 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.
7.10. Grantee 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.
7.11. Grantee and any of the Grantee'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.
7.12. Neither Party shall assign any rights or obligations under this Agreement.
7.13. 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.
7.14. 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.
7.15. 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.
7.16. 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}
25C-97
EXHIBIT 10
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
Maria D. Huizar
Clerk of the Council
APPROVED AS TO FORM:
Sonia R. Carvalho
CityA"ORgy 0
RECOMMENDED FOR APPROVAL:
Steven A. Mendoza
Executive Director
Community Development Agency
CITY OF SANTA ANA
Raul Godinez II
City Manager
GRANTEE:
Name: moi%C%v-,rA
Title: Z,c��,ti•s O�r�
0
25C-98
EXHIBIT 10
EXHIBIT A
INVESTING IN THE ARTS GRANT PROGRAM
APPLICATION
25C-99
Name of Applicant:
Heritage Museum of
Orange County
Award Amount: Category:
$6,210 Organization
Organization's description of Project:
EXHIBIT 10
Average Score:
87.4 — 4'h
"Celebrating Santa Ana: History, Heritage, Culture, Art, and Education" project will bring Santa
Ana artists, Santa Ana students, and Santa Ana residents together to develop a mural that
emphasizes and depicts the rich cultural heritage of the city and workshops that documents the
process from conceptualization to final product of the process. The mural will capture two historic
milestones of Santa Ana. First, the 150th anniversary of the founding of Santa Ana in 1869 and
the 130th anniversary of Santa Ana Unified School District.
Organization is based in Santa Ana and proposes to use grant funds to provide arts and culture
programming in Ward 6.
Organization's proposed use of funds:
"Celebrating Santa Ana: History, Heritage, Culture, Art, and Education" project will bring Santa
Ana artists, Santa Ana students, and Santa Ana residents together to develop a mural that
emphasizes and depicts the rich cultural heritage of the city and workshops that documents the
process from conceptualization to final product of the process.
Over the past two years, Heritage Museum has collected data and ideas from community
residents, museum stakeholders, and community partners of what they envision the mural to
represent. The final mural product will be a amalgamation of two Santa Ana celebrations; Santa
Ana Unified School District celebrating 130 years (2018) and City of Santa Ana celebrating 150
years (2019). Our theme of History, Heritage, Culture, Art, and Education will weave the mosaic
of layers of Santa Ana into a 15' Height X 80' Length mural located at Heritage Museum (Ward
6). The layers will include natural history (plant habitats and wildlife habits), mixed in with cultural
history dating back to Indigenous Tongva to present day city cultural life, and incorporating Santa
Ana Unified school history profiling landscapes, buildings, and educator and student profiles.
The unique location of Heritage Museum is home to many layers of cultural history such as the
Pas Benga (Tongva village) to Rancho Santiago de Santa Ana to Gospel Swamp and much more.
Utilizing Heritage Museum's educational model, the project will consist of Artist Educators working
with Student Artists from Godinez High School visual and graphic design and photography
students. This is confirmed through our community partner at Santa Ana Unified School District
with Robyn McNair. Robyn has helped organize the Boca de Oro Literacy Festival in downtown
Santa Ana the past couple years and turning SAUSD into a premier arts school district in the
county.
Our mentor artists will be the experienced coalition of muralists from Orange County Fine Arts
Studio. The muralists have made their mark around Santa Ana at various locations throughout
downtown and Ward 1. The artists will work collaboratively with our students and community
residents in the conceptualization process through completion of the mural. Led by a series of 8
workshops by our muralists, students will learn theory and history of murals, composition (large
format painting, basic weight lines), and the final workshops focus on creation of the mural
including use of materials.
Heritage Museum of Orange County
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EXHIBIT 10
The purpose of the workshops is generating tools for the execution of the mural through learning
of technical knowledge about color, composition, painting, and drawing. Because most of the
student artists have no experience with murals, this will be valuable to their education and training
in art and provide them with first-hand experience of murals. The muralists will also host Saturday
drop in days, in which our Santa Ana community will have the opportunity to assist in creation of
the mural. These open art studios will provide general overview of mural creation but be valuable
learning experiences for interested community members to learn about their community history.
Lastly, Heritage Museum's mission is to preserve our natural and cultural history. The museum
will host a series of history talks that focuses on our cultural legacies. These history talks will bring
in community historians that will add a contextual background to what is being painted on the
mural. This will add a much more enriching experience for our student artists and community
members because the history of mural will not just drawn, but the histories of our past figures will
have voice. This will also allow the museum to curate a unit of study for local elementary and high
school students to visit the mural throughout the school year and interpret what they see and how
it relates to the current Santa Ana trends. The project will create a mural that represents the
continuity and change of the Santa Ana community, as well as passing the baton to the next
generation of community artists. The artists will work directly with the museum's historian to
develop a historically and culturally rooted mural design. The museum has already begun
gathering information from the community of what should be included in the Santa Ana mural,
Lastly, a portion of the grant will also be used print bilingual invites and flyers for the mural's
opening public reception which includes appetizers, drinks, and a cultural presentation about the
mural.
Answers to Supplemental Questions:
Question 1: Please describe any additional City of Santa Ana resources required for your
project (permits, public space, licenses etc.) that you are required to obtain?
Due to the project being on private property, the Heritage Museum should not be required to
obtain City of Santa Ana permits. If any permits are deemed to be obtained after the project
commences, the museum will file and pull permits through the city.
Question 2: Is this a new or existing program/project?
While this is a new project for Heritage Museum, this project is part of a vision plan developed in
summer 2015. The museum began an initiative to enhance our visitors' outdoor experience on
our 12 -acre property. A number of factors came into play: feeling comfortable and welcomed;
wayrinding; rest areas; and enhancing the educational and cultural opportunities. Educational
kiosks and interpretive panels were installed around the property, two site map kiosks were
installed, more benches to slow down and take in the scenery were installed, additional banners
and interpretive panels were installed as well. The museum also allocated an artistic cultural
space designated for a series of murals depicting Santa Ana and Orange County's cultural and
natural history. The cultural arts mural project aligns with the museum's outdoor interpretive plan
to enhance the visitors' museum experience. There will be a series of mural depicting not only
Santa Ana history, but Orange County as well. As an organization dedicated to preserving Orange
County, other cultural murals will incorporate the entire region of Orange County. This Santa Ana
mural will add to our existing outdoor interpretive and educational plan and add an artistic
expression to the museum grounds. It will also serve as an educational mural to teach our local
history through pictorial storytelling. A social science unit of study will be developed along with
visual arts standards.
Heritage Museum of Orange County
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Question 3: How will the proposed project be presented or shared with the public? Will the
art display, event or performance be free and accessible to the public?
We believe the phrase a pictures tells a thousand words has deep meaning. A mural representing
the over hundred years of Santa Ana history, heritage and culture will surely express thousands
of words to our public. Once the mural is complete Heritage Museum will host a grand opening
reception for the community. The event will consist of a presentation of the symbolical significance
of the mural by a Santa Ana historian. It will also honor the muralist team for their work on the
project. The reception will be free to the public. Lastly, since the mural is part of the outdoor
interpretive plan, it will be accessible to the public at all times during our museum public hours.
This will allow visits to understand the layers of history included in the mural by museum volunteer
docents and staff.
Question 4: How will this project enrich the quality of life for Santa Ana residents?
We believe this project will enrich the quality of life for Santa Ana residents in a numbers of ways.
First, Heritage Museum Is located in the southwest area of Santa Ana. While there is a vibrant
arts community in downtown, there is a void in other areas of the city. This will enable the local
community to enjoy arts and culture without heading downtown by spreading the availability of
arts throughout the city. Our Santa Ana community has major transportation issues; this project
will bring arts and culture to surrounding neighborhoods. Second, because this project is based
on artist and student platform, our student artists will be directly impacted in the process of mural
planning and implementation. This will impact the youth in a tremendous way as they becoming
the future art leaders of the community. Lastly, the cultural and historical significance of Santa
Ana will be permanently displayed for the community at an organization whose mission is to
preserve the history and culture of our community. We feel that the interpretive talks that we will
host for our community will deepen their connection to the historical heritage of their city and
develop a deeper sense of pride in their local history.
Question 5: Describe how your project will stimulate economic development for the City
of Santa Ana.
This project will assist in the economic development of the city by providing resident artists work
for a community project. We also feel that this project instills a sense of ownership and deeper
understanding of cultural heritage to our student artists. By during this we feel this will have a long
term effect on our student community staying in the city, purchasing homes in the city, and working
in the city. All these long term factors will increase economic development in the City of Santa
Ana. Many students wish to leave the city because they have no deep connection their city. We
also feel that the mural will attract more visitors to the museum increasing general operating
revenue that filters back into the city. As a southern California attraction the museum's has seen
an increase in visitors of 25% in the past two years.
Heritage Museum of Orange County
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25C-102
EXHIBIT 11
ARTS AND CULTURE ARTIST GRANT PROGRAM AGREEMENT BETWEEN
THE CITY OF SANTA ANA AND ALBI
This Artist Grant Agreement ("Agreement") is made and entered this 17"' day of July, 2018, 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 ALBI ("Grantee")
for the purpose of providing grant funding pursuant to the Investing in the Arts Grant Program.
City and Grantee may herein individually be referred to as a "Party" and collectively be referred
to as the "Parties" to the Agreement.
RECITALS:
A. On July 2, 2018, the Arts and Culture Commission reviewed all applicants and
recommended that Grantee be awarded an artist grant based on its Application for its
artwork ("Project"). A true and correct copy of Grantee's Application is attached hereto as
Exhibit A and incorporated herein by reference.
B. On July 17, 2018, the City Council approved the grant funding for Grantee and authorized
the execution of this Agreement.
C. In undertaking the performance pursuant to this Agreement, Grantee 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 be effective upon signature by both Parties and shall expire one
year from the date first written above, unless terminated earlier in accordance with this
Agreement.
2. Funding.
2.1. Subject to Grantee's performance of all required actions under this Agreement, City shall
provide funding, in two disbursements, as detailed below, of an amount not to exceed Six
Thousand, One Hundred, Ninety Dollars ($6,190.00) (`Grant Amount" or "Grant").
2.2. Grantee will be paid in two (2) installments. First payment will be one-half of the funding
amount provided above or $3,095.00 and will be provided within thirty (30) days of the full
execution of the Agreement by the parties. The second and final payment will include the
remaining amount of $3,095.00 and will be issued within thirty (30) days after the Grantee submits
to the City all the proper receipts, invoices and final report for the Project.
2.3. Appropriate performance of the Grantee 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 Grantee'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 institutions
or organizations for grant awards and an institution or organization's business relationship or
potential business relationship with City.
25C-103
EXHIBIT 11
3. Grant Activities. Grantee agrees:
3.1. To perform the activities described in the Grant Application and Timeline submitted to City
for consideration dated May 3, 2018, 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 Grantee, or any portion thereof, for any reason.
3.3. Grantee 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,
Grantee shall provide, at its expense, copies of all financial and accounting records produced by
it arising out of this Agreement.
3.4. Grantee shall allow audits, compliance or special reviews and inspections, Including on-site
inspection, with or without prior notice, of Grantee's facilities by City or by third parties designated
by City, or their authorized representatives. Grantee 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. Grantee shall ensure that any areas utilized for the Project are maintained and restored to a
well-maintained, safe, sanitary, and clean condition, and kept free of any hazardous waste at all
times. All equipment associated with the installation of the artwork, trash and debris shall be
removed and cleaned up on a daily basis. Grantee 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 its sole discretion.
3.7. The Project may not include any breach of intellectual property, trademarks, brands, or
images of illegal activity, and the Grantee must be the copyright holder for the Project.
4. Termination,
4.1. City may immediately terminate this Agreement upon one or more of the following:
4.1.1. Grantee's violation of any federal, state or local law or regulation.
4.1.2. Grantee'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.
25C-104
EXHIBIT 11
4.2. In the event the Agreement is terminated under Section 4.1, City reserves the right to require
Grantee to refund any or all grant funds awarded to Grantee under this Agreement, and Grantee
agrees to refund to City any or all grant funds awarded under 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 Grantee'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. Grantee 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 Grantee, and Grantee's employees, subcontractors or other persons, agencies or firms for
whom Grantee is legally responsible in connection with the execution of the work covered by this
Agreement. Grantee shall have no duty to indemnify or hold harmless the City if claims, damages,
liability, costs, expenses (including without limitation, attorneys fees) arise from the sole
negligence or sole willful misconduct of the City subsequent to declaration by the Grantee.
Grantee's obligations shall survive the termination of this Agreement.
6.2. Grantee 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. Grantee 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, General Provisions.
7.1. Grantee shall acquire prior written permission from City for any use of the City name or logo
in association with its Project.
7.2. 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.
7.3. Grantee shall comply with all governmental requirements that may now or in the future
become applicable to its activities under this Agreement.
25C-105
EXHIBIT 11
7.4. 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.
7.5. 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.
7.6. 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; (li) 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.
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:
Grantee: ALBI
505 E. Central Avenue
Santa Ana, CA 92707
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
7.7. 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.
7.8. Grantee agrees to comply with all applicable equal opportunity and affirmative action laws as
appropriate, Grantee 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. Grantee affirms that it is an equal opportunity employer (if
applicable) and shall comply with all applicable federal, state and local laws and regulations.
25C-106
EXHIBIT 11
7.9. 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,
7.10. Grantee 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.
7.11. Grantee and any of the Grantee'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.
7.12. Neither Party shall assign any rights or obligations under this Agreement.
7.13. 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.
j,.
7.14. 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.
7,15. 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,
7.16. 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}
25C-107
EXHIBIT 11
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
Maria D. Huizar
Clerk of the Council
APPROVED AS TO FORM:
Sonia R. Carvalho
M
City
RECOMMENDED FOR APPROVAL:
Steven A. Mendoza
Executive Director
Community Development Agency
CITY OF SANTA ANA
Title: F
25C-108
EXHIBIT 11
EXHIBIT A
INVESTING IN THE ARTS GRANT PROGRAM
APPLICATION
25C-109
EXHIBIT 11
Name of Applicant: Award Amount: Category: Average Score:
ALBI $6,190 Organization 87.2-5'h
Organization's Description of Project:
Active Learning Believe and Inspire in partnership with the Delhi Center summer camp will provide
the opportunityfor students ages 5-15, to create visual art and poetry based on their own personal
community superheroes. The varied pieces of artwork will be published and showcased
throughout the city at several venues such as DTSA Art walk, Santa Ana Public Libraries and
local businesses. The winning poetry piece will be showcased through a song or spoken word
and accompanied by a contemporary dance; while the winning art piece will become the cover of
the book.
Organization is based in Santa Ana and proposes to use grant funds to provide arts and culture
programming in Wards 1, 2, and 4.
Organization's proposed use of funds:
Active Learning Believe and Inspire (ALBI) will use the funding to pay for staff salaries, materials
for the projects and the publishing fees. The total amount of funding requested is $6190.00
A teaching artist will spend a total of 39 days teaching various age groups developmentally
appropriate lessons in visual art and poetry. Students will be working with the teacher for 50
minutes 5 days a week to learn and create their own works of art that will then be composed into
a published book by Classroom Authors. The teaching artist will be paid $25 an hour and have 1
hour to prepare program activities each day and 3 hours of instruction for all age groups. The first
6 weeks, or 24 days, will be spent in the classroom with students. At the beginning of each week,
a community hero, such as a police officer, local artist, educator or family member, will visit the
class and speak to the students about their career and their goals. Next, the teacher will guide
the students to analyze what they learned about this community hero, reflect on their own goals,
and write freely to express their thoughts. Students will then analyze and unpack a
developmentally appropriate poem related to the hero or subject of the week such as dreams or
goals. Additionally, the teacher will lead students into critically thinking and analyzing various
pieces of visual art that encapsulate their feelings into a picture. At the end of the week, students
will have the chance to present their works of art in front of the class and share their visions.
Skill development activities in each discipline of art are based on the California Arts Standards
and the developmentally appropriate needs of the students. The curriculum builds in a weekly
series that begins with foundational skills then methodically explored and analyzed through a
multitude of activities and projects that merge art, expression, self-awareness and end with a
culminating performance. Every class encompasses the development of English -Language skills
as well as providing opportunities for children to explore, create and innovate their ideas through
art. Students explore a wide variety of techniques and methods to produce meaningful artworks
ready for showcase. Various materials such as paper, colored pencils, paint and paint brushes,
will need to be purchased at a total cost of $700.
Throughout the program the community hero's will have a time to judge the material and choose
2 winning pieces by the end of 6 weeks. The winning poetry piece will be showcased through a
song or spoken word and accompanied by a contemporary dance; while the winning art piece will
become the cover of the book and will be submitted to Classroom Authors to be published. The
teacher will spend the remaining 15 days teaching students dance choreography to accompany
the poetry through song or spoken word and supporting students at their community
ALBI
Page 1 of 4
25C-110
EXHIBIT 11
performances. Students will have a chance to showcase their efforts and the published book at
various venues such as the end of summer performance at the Delhi Center, Downtown Santa
Ana Art Walk, Santa Ana Library and other local business.
The cost for each book is $18.00. We will order a total of 150 books. One hundred and fifty
books will be distributed to the students and throughout the city of Santa Ana in various venues.
Once the book is published and ready to distribute, the teacher, parents and the students will
attend one City of Santa Ana Council and one SAUSD board Meeting to share their project and
experiences, as well as other venues throughout the city to celebrate the artistic community.
Program activities and outcomes are defined based on 4 main areas to encourage positive youth
development included in classroom time at the Delhi Center.
SKILL BUILDING/CREATING: Youths will learn foundational skills to conceptualize, develop and
refine artistic ideas that are methodically explored and analyzed through a multitude of activities
combined with problem solving, personal development and gang prevention. Expert artists will
conduct classes on Iffe skills, self and body awareness, self-identity, how to resolve conflicts and
communication through arts -based lessons.
RESPONDING/CONNECTING: Young artists will observe, interpret, analyze, and evaluate
novice and professional art work and activities to establish critical thinking skills, increase
knowledge through personal experiences, and develop new ideas with societal, cultural and
historical context to deepen understanding of the work. Activities will help youths to discover
appreciation and inspiration for optimal growth and motivation to achieve personal goals.
PERFORMING/PRESENTING: Youths will exercise and refine artistic work to convey meaning
through presentation of artwork as individuals and with groups. Students will gain.positive peer
interactions, trust, teamwork and belonging to a community by connecting with peers and adults
who demonstrate positive social behaviors, networking, supportive mentors and community
engagement. Participants will create their presentations to highlight lessons learned through their
participation in gang prevention activities and skill development process.
RECOGNITION: Young artists will participate in events, attend crime prevention workshops and
gain an understanding of humane values, empathy and a sense of social justice. Activities are
focused on social and behavioral skills. Students will be recognized for their accomplishments
during regular performance evaluations and feedback provided by the instructors as well as by
the rewards of participating in the community performances.
Program Evaluation will require two forms of assessments to ensure compliance with grant
requirements are met, and to evaluate students' progress and outcomes in the community. Result
findings will include accurate and complete data and demographics through proper intake and
eligibility assessment, tracking of attendance and levels of participation in all program
components, tracking of expenditures and staff time with appropriate source documentation.
Programmatic outcomes are expected to include an increase in communication, team building
and technical skills in visual and performing art, achievement of personal goals, self and body
awareness and confidence and a strong commitment to respecting self and their community.
Answers to Supplemental Questions:
Question 1: Please describe any additional City of Santa Ana resources required for your
project (permits, public space, licenses etc.) that you are required to obtain?
There are no additional City of Santa Ana resources required to obtain for our project
ALBI
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Question 2: Is this a new or existing program/project?
The proposed new program is an addition to the Active Learning and Delhi Center Summer
Enrichment program, with more opportunities to expand into the community.
ALBI was created as a non-profit organization as an offshoot of Active Learning (AL), which was
founded in 1999, with a vision to incorporate a sanctuary in the school setting that models healthy
behaviors. Active Learning has served the Santa Ana Community for over 18 years providing arts
enrichment education for the SAUSD after-school programs. ALBI was founded in response to
the need to provide arts enrichment activities at no cost to Santa Ana youths. After working for
years with low income families in the schools, it became evident that the schools cannot serve all
children in need of additional guidance and enrichment activities. ALBI was created with the vision
to make arts classes' accessible, fun, inspiring and educational beyond the school day. In an
attempt to fulfill its vision, Active Learning partnered with Delhi Center in 2016 and 2017 to conduct
a pilot Summer Enrichment Camp. Young artists completed daily activities that built their skill
level, self-efficacy and worked towards a goal that they exceeded in fulfillment. Each participant
surpassed the expectations and won over the audience in their final performance. Students were
so affected by the experience of making positive relationships, building skills, self-confidence and
bonding with their peers, that they have expressed an awakening need to attend more classes at
Delhi Center but cannot afford to due to financial constraints.
Question 3: How will the proposed project be presented or shared with the public? Will the
art display, event or performance be free and accessible to the public?
Arts events may be a source of pride for residents in their community, increasing their sense of
connection to that community. The Delhi Center is an integral, supportive icon in the community
and acts as a venue that draws people together engaged in constructive social activities and
fosters trust in the community. Furthermore, we will be reserving time and space at the Downtown
City of Santa Ana Art Walk at the beginning of August. Our students' parents are so supportive
and active in their child's life that parents will transport their kids to any of the free venues we
schedule performances at. This will also raise the families exposure to the wonderful sites
throughout Santa Ana and offer more opportunities for the young artists to showcase what they
learned through various free community events including SAUSD School Fair, Delhi center events
and Active Learning's Party in the Park.
Question 4: How will this project enrich the quality of life for Santa Ana residents?
The proposed program focuses on quality youth engagement, enrichment and education during
the summer with guiding experts who act as a positive influence on youth. Young artists will gain
skill enrichment, self-expression, stress relief and socialization through meaningful activities that
will be recognized and rewarded at culminating events throughout the community. This program
will sustain healthy bonding with pro social adults and peers to expand opportunities for young
Santa Ana artists.
ALIBI programs and teachers have been evaluated for effectiveness through classroom practiced
lessons for youth with an emphasis in art expression. Students who participate in constructive
arts based activities have an increase in cognitive skills, self-control, sense of belonging, and a
sense of achievement; as well as increased discipline, stress relief and focus on goals for their
future. The arts channel energy into positive quests for better education, stronger family life and
rich community. Our programs provide a multitude of opportunities for Santa Ana youth to
showcase a powerful personal voice that allows them to both assert their uniqueness and link to
others. Artistic expression helps young people learn and improve communication skills through
ALBI
Page 3 of 4
25C-112
EXHIBIT 11
collaboration in both the visual and performing arts that provide a safe medium for practicing and
rediscovering social interaction skills. Young artists will have the opportunities to have decision-
making and problem -solving responsibilities and thus feel ownership of the program and an
impact on the community.
Question 5: Describe how your project will stimulate economic development for the City
of Santa Ana.
During our fall and winter programs at the Delhi Center, we served a total of 120 students.
Seventy-four percent of our participants classified as extremely low income, 24% very low income
and 9% low income. Youths and teens living in the Delhi neighborhood qualify as at risk and
underprivileged communities face cyclical challenges due to the lack of opportunities to gain
insight and recognize their inner gifts in a safe environment. ALBI will improve the summer
program by giving artists a chance to voice their creations in poetry, spoken word, song, dance
and visual art. Furthermore, our young artists will discover community heroes and their impact in
the community, which will inspire our students to become heroes too. ALBI will provide support
for young artists to showcase what they learned through various community events including
DTSA Art Walk and connecting with local businesses to display the published book in their space.
This will also bring awareness to local venues that support the arts throughout Santa Ana. Our
students will enhance the community with powerful messages by sharing their published book
throughout the city and through their contemporary performances. Moreover, ALBI will offer
Santa Ana residents job opportunities to use their artistic backgrounds to teach skills within our
program. Currently, many of our teaching artists are Santa Ana residents who feel a sense of
empowerment and importance to giving back in our community, especially teaching the arts for
youth.
ALBI
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EXHIBIT 12
ARTS AND CULTURE ARTIST GRANT PROGRAM AGREEMENT BETWEEN
THE CITY OF SANTA ANA AND ORANGE COUNTY CHILDREN'S THERAPEUTIC ARTS
CENTER
This Artist Grant Agreement ("Agreement") is made and entered this 17th day of July, 2018, 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 Orange -County
Child ren's.Therapeutic Arts Center ("Grantee") for the purpose of providing grant funding pursuant
to the Investing In the Arts Grant Program. City and Grantee may herein individually be referred
to as a "Party" and collectively be referred to as the "Parties" to the Agreement.
RECITALS:
A. On July 2, 2018, the Arts and Culture Commission reviewed all applicants and
recommended that Grantee be awarded an artist grant based on its Application for its
artwork ("Project"). A true and correct copy of Grantee's Application is attached hereto as
Exhibit A and incorporated herein by reference.
B. On July 17, 2018, the City Council approved the grant funding for Grantee and authorized
the execution of this Agreement.
C. In undertaking the performance pursuant to this Agreement, Grantee represents that it is
skilled and knowledgeable in the arts and culture arena and that the Project created or
performed hereunderwill 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 be effective upon signature by both Parties and shall expire one
year from the date first written above, unless terminated earlier in accordance with this
Agreement.
2. Funding.
2.1. Subject to Grantee's performance of all required actions under this Agreement, City shall
provide funding, in two disbursements, as detailed below, of an amount not to exceed Six
Thousand, Thirty Dollars ($6,030.00)("Grant Amount" or "Grant").
2.2. Grantee will be paid in two (2) installments. First payment will be one-half of the funding
amount provided above or $3,015.00 and will be provided within thirty (30) days of the full
execution of the Agreement by the parties. The second and final payment will include the
remaining amount of $3,015.00 and will be issued within thirty (30) days after the Grantee submits
to the City all the proper receipts, invoices and final report for the Project.
2.3. Appropriate performance of the Grantee 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 Grantee's performance is determined to be insufficient or
unacceptable in the City's sole discretion.
25C-114
114A : I 1 :1111 a V
2.4. City represents that there is no correlation or connection between its selection of institutions
or organizations for grant awards and an institution or organization's business relationship or
potential business relationship with City.
3. Grant Activities. Grantee agrees:
3.1. To perform the activities described in the Grant Application and Timeline submitted to City
for consideration dated May 3, 2018, 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 Grantee, or any portion thereof, for any reason.
3.3. Grantee 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,
Grantee shall provide, at its expense, copies of all financial and accounting records produced by
it arising out of this Agreement.
3.4. Grantee shall allow audits, compliance or special reviews and inspections, including on-site
inspection, with or without prior notice, of Grantee's facilities by City or by third parties designated
by City, or their authorized representatives. Grantee 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. Grantee shall ensure that any areas utilized for the Project are maintained and restored to a
well-maintained, safe, sanitary, and clean condition, and kept free of any hazardous waste at all
times. All equipment associated with the installation of the artwork, trash and debris shall be
removed and cleaned up on a daily basis, Grantee 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 its sole discretion.
3.7. The Project may not include any breach of intellectual property, trademarks, brands, or
images of illegal activity, and the Grantee must be the copyright holder for the Project.
4. Termination.
4.1. City may immediately terminate this Agreement upon one or more of the following:
4.1.1. Grantee's violation of any federal, state or local law or regulation.
25C-115
EXHIBIT 12
4.1.2. Grantee'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.
4.2. In the event the Agreement is terminated under Section 4.1, City reserves the right to require
Grantee to refund any or all grant funds awarded to Grantee under this Agreement, and Grantee
agrees to refund to City any or all grant funds awarded under this Agreement.
5. Limitation of Llabllity.
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 Grantee'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. Grantee 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 Grantee, and Grantee's employees, subcontractors or other persons, agencies or firms for
whom Grantee is legally responsible in connection with the execution of the work covered by this
Agreement. Grantee 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 Grantee.
Grantee's obligations shall survive the termination of this Agreement.
6.2. Grantee agrees to hereby fully release and forever discharge the Cityfrom 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. Grantee 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. General Provisions.
7.1. Grantee shall acquire prior written permission from City for any use of the City name or logo
in association with its Project.
7.2. 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.
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EXHIBIT 12
7.3. Grantee shall comply with all governmental requirements that may now or in the future
become applicable to its activities under this Agreement.
7.4. 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.
7.5. 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.
7.6. 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.
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:
Grantee: Orange County Children's Therapeutic Arts Center
2215 N. Broadway Street
Santa Ana, CA 92706
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
7.7. 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.
7.8. Grantee agrees to comply with all applicable equal opportunity and affirmative action laws as
appropriate, Grantee shall not discriminate because of race, color, creed, religion, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited
4
25C-117
EXHIBIT 12
by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other
employment related activities. Grantee affirms that it is an equal opportunity employer (if
applicable) and shall comply with all applicable federal, state and local laws and regulations.
7.9. 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.
7.10. Grantee 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.
7.11. Grantee and any of the Grantee'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.
7.12. Neither Party shall assign any rights or obligations under this Agreement.
7.13. Each Parry 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.
7.14. 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.
7.15. 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.
7.16. 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)
25C-118
EXHIBIT 12
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
Maria D. Huizar
Clerk of the Council
APPROVED AS TO FORM:
Sonia R. Carvalho
RECOMMENDED FOR APPROVAL:
Steven A. Mendoza
Executive Director
Community Development Agency
CITY OF SANTA ANA
Raul Godinez II
City Manager
GRANTEE: OC -
Name: C
Name:
Title: e Xer• , uL �` �Cec�q�
25C-119
EXHIBIT 12
EXHIBIT A
INVESTING IN THE ARTS GRANT PROGRAM
APPLICATION
25C-120
W14:II-:1111MV
Name of Applicant: Award Amount: Category: Average Score:
Orange County $6,030 Organization 85.6 — 6w
Children's Therapeutic
Arts Center (OCCTAC)
Organization's Description of Project:
The Orange County Children's Therapeutic Arts Center (OCCTAC) will produce a large-scale
Youth Art Exhibition ("We are Santa Ana") to celebrate our Santa Ana youth, history, culture and
diversityl The Art Exhibition will feature middle school students' personal self-portraits through
visual arts to express their cultural identity, voice and self-imagel Students will also exhibit their
personal "I am Santa Ana Poems" along with their art. In addition, OCCTAC will produce a
Multicultural Family Festival that same day to celebrate the rich cultural diversity in Santa Ana, in
partnership with the Mexican Consulate, the Cambodia Family and Southland Integrated
Services.
Organization is based in Santa Ana and proposes to use grant funds to provide arts and culture
programming in Wards 1-6.
Organization's proposed use of funds::
The majority of the funds will be used to hire local Santa Ana Artists and Contracted Instructors
for this project, as well as to pay Artists Stipends for the Multicultural Family Festival ($6450).
In addition, OCCTAC will require some materials and supplies for the Art workshops and
Exhibition. ($1,375); and funds for the production of the Art Exhibition and Multicultural Family
Festival ($2,175).
Answers to Supplemental Questions:
Question 1: Please describe any additional City of Santa Ana resources required for your
project (permits, public space, licenses etc.) that you are required to obtain?
The Orange County Children's Therapeutic ARTS Center has a business license and all required
insurances to conduct projectlevent. The only City of Santa resource that we will probably
request is the City of Santa Ana stage for the festival.
Question 2: Is this a new or existing program/project?:
Yes, this is a new project for the Orange County Children's Therapeutic ARTS Center (OCCTAC).
Although this is a new project, OCCTAC has done similar projects in the past with our strong
community partners, such as the Santa Ana Unified School District, the Mexican Consulate, the
Cambodian Family and Southland Integrated Services. Please see letters of support attached
with this proposal.
Question 3: How will the proposed project be presented or shared with the public? Will the
art display, event or performance be free and accessible to the public?
The Orange County Children's Therapeutic ARTS Center will work together with our community
partners to share with the public this exciting event, featuring our talented Santa Ana youth from
Orange County Children's Therapeutic Arts Center (OCCTAC)
Page 1 of 2
25C-121
EXHIBIT 12
the various ethnic/cultural communities in Santa Anal Entrance to the event will be provided at no
cost to the public. In addition, OCCTAC plans to promote, publicize and disseminate project in
the following ways: 1) OCCTAC website and Facebook, 2) local media channels (online & print),
3) contact local radio and TV stations both English and Spanish, 4) develop flyers and save the
date post cards for community outreach, 5) share with our Community partners, such as: City of
Santa Ana, Santa Ana Downtown Inc., the Santa Ana Unified School District, TCF, SIS and
others.
Question 4: How will this project enrich the quality of life for Santa Ana residents?
The Orange County Children's Therapeutic ARTS Center will hire local Santa Ana Artists to
conduct the workshops with the Santa Ana students and final Art Exhibition. Also, the
Multicultural Festival will feature local artists living in Santa Ana from the various ethnic/cultural
groups (Latinos, Vietnamese and Cambodian) communities. Furthermore, and most importantly,
our Santa Ana Youth will have the opportunity to showcase their personal stories, identity and
cultural values growing up in Santa Ana. Finally, because Santa Ana is the home to various
ethnically/culturally diverse communities, this project provides an opportunity to celebrate Santa
Ana's diverse arts and cultural communityl It is very important to educate our Santa Ana youth
and community about the importance of working together and valuing the different cultures in
Santa Ana. In the past, gang activity and conflicts among the various ethnic/cultural groups were
divisive in nature and created conflict in the community. An event like this one will foster peace,
unity, and cultural understanding of the various ethnic/cultural communities in Santa Ana, while
also celebrating the Santa Ana Arts community!
Question 5: Describe how your project will stimulate economic development for the City
of Santa Ana.
The project proposed here will stimulate economic development for the City of Santa Ana since
OCCTAC is reinvesting the funds with this project by hiring local talent from the Santa Ana
community. As mentioned previously, OCCTAC will hire local Santa Ana Art instructors and
professional artists living in the City of Santa Ana. This creates workforce development
opportunities for local residents. Also, OCCTAC plans to pay young adults to work on this project
to assist and learn from professional artists.
Orange County Children's Therapeutic Arts Center (OCCTAC)
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25C-122
EXHIBIT 13
ARTS AND CULTURE ARTIST GRANT PROGRAM AGREEMENT BETWEEN
THE CITY OF SANTA ANA AND UC REGENTS (OUTREACH, CLAIRE TREVOR SCHOOL
OF THE ARTS, UC IRVINE)
This Artist Grant Agreement ("Agreement") is made and entered this 171 day of July, 2018, 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 UC Regents
(Outreach, Claire Trevor School of the Arts, UC Irvine) ("Grantee") for the purpose of providing
grant funding pursuant to the Investing in the Arts Grant Program. City and Grantee may herein
individually be referred to as a "Party" and collectively be referred to as the "Parties" to the
Agreement.
RECITALS:
A. On July 2, 2018, the Arts and Culture Commission reviewed all applicants and
recommended that Grantee be awarded an artist grant based on its Application for its
artwork ("Project"). A true and correct copy of Grantee's Application is attached hereto as
Exhibit A and incorporated herein by reference.
B. On July 17, 2018, the City Council approved the grant funding for Grantee and authorized
the execution of this Agreement.
C. In undertaking the performance pursuant to this Agreement, Grantee 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 be effective upon signature by both Parties and shall expire one
year from the date first written above, unless terminated earlier in accordance with this
Agreement.
2. Funding.
2.1. Subject to Grantee's performance of all required actions under this Agreement, City shall
provide funding, in two disbursements, as detailed below, of an amount not to exceed Six
Thousand, Ten Dollars ($6,010.00) ("Grant Amount" or "Grant").
2.2. Grantee will be paid in two (2) installments. First payment will be one-half of the funding
amount provided above or $3,005.00 and will be provided within thirty (30) days of the full
execution of the Agreement by the parties. The second and final payment will include the
remaining amount of $3,005.00 and will be issued within thirty (30) days after the Grantee submits
to the City all the proper receipts, invoices and final report for the Project.
2.3. Appropriate performance of the Grantee 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 Grantee's performance is determined to be insufficient or
unacceptable in the City s sole discretion.
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2.4. City represents that there is no correlation or connection between its selection of institutions
or organizations for grant awards and an institution or organization's business relationship or
potential business relationship with City.
3. Grant Activities. Grantee agrees:
3.1. To perform the activities described in the Grant Application and Timeline submitted to City
for consideration dated May 3, 2018, 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 Grantee, or any portion thereof, for any reason.
3.3. Grantee 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,
Grantee shall provide, at its expense, copies of all financial and accounting records produced by
it arising out of this Agreement.
3.4. Grantee shall allow audits, compliance or special reviews and inspections, including on-site
inspection, with or without prior notice, of Grantee's facilities by City or by third parties designated
by City, or their authorized representatives. Grantee 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. Grantee shall ensure that any areas utilized for the Project are maintained and restored to a
well-maintained, safe, sanitary, and clean condition, and kept free of any hazardous waste at all
times. All equipment associated with the installation of the artwork, trash and debris shall be
removed and cleaned up on a daily basis. Grantee 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 its sole discretion.
3.7. The Project may not include any breach of intellectual property, trademarks, brands, or
images of illegal activity, and the Grantee must be the copyright holder for the Project.
4. Termination.
4.1. City may immediately terminate this Agreement upon one or more of the following
4.1.1. Grantee's violation of any federal, state or local law or regulation.
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2.3. City represents that there is no correlation or connection between its selection of Institutions
or organizations for grant awards and an institution or organization's business relationship or
potential business relationship with City.
3. Grant Activities. Grantee agrees:
3.1. To perform the activities described in the Grant Application and Timeline submitted to City
for consideration dated May 3, 2018, 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 Grantee, or any portion thereof, for any reason.
3.3. Grantee 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,
Grantee shall provide, at its expense, copies of all financial and accounting records produced by
it arising out of this Agreement.
3.4. Grantee shall allow audits, compliance or special reviews and inspections, including on-site
inspection, with or without prior notice, of Grantee's facilities by City or by third parties designated
by City, or their authorized representatives. Grantee 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. Grantee shall ensure that any areas utilized for the Project are maintained and restored to a
well-maintained, safe, sanitary, and clean condition, and kept free of any hazardous waste at all
times. All equipment associated with the installation of the artwork, trash and debris shall be
removed and cleaned up on a daily basis. Grantee 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 its sole discretion.
3.7. The Project may not include any breach of intellectual property, trademarks, brands, or
images of illegal activity, and the Grantee must be the copyright holder for the Project.
4. Termination.
4.1. City may immediately terminate this Agreement upon one or more of the following:
4.1.1. Grantee's violation of any federal, state or local law or regulation.
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4.1.2. Grantee'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.
4.2. In the event the Agreement is terminated under Section 4.1, City reserves the right to require
Grantee to refund any or all grant funds awarded to Grantee under this Agreement, and Grantee
agrees to refund to City any or all grant funds awarded under 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 Grantee'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. Grantee 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 Grantee, and Grantee's employees, subcontractors or other persons, agencies or firms for
whom Grantee is legally responsible in connection with the execution of the work covered by this
Agreement. Grantee 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 Grantee.
Grantee's obligations shall survive the termination of this Agreement.
6.2. Grantee 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. Grantee 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. General Provisions.
7.1. Grantee shall acquire prior written permission from City for any use of the City name or logo
in association with its Project.
7.2. 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.
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7.3. Grantee shall comply with all governmental requirements that may now or in the future
become applicable to its activities under this Agreement.
7.4. 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.
7.5. 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 orto 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.
7.6. 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 courierservice. All notices to City shall include a reference
to the Project 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:
Grantee: UC Regents (Outreach, Claire Trevor School of the Arts, UC Irvine)
4000 Mesa Road
Irvine, CA 92697-2775
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
7.7. 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.
7.8. Grantee agrees to comply with all applicable equal opportunity and affirmative action laws as
appropriate, Grantee shall not discriminate because of race, color, creed, religion, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited
0
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by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other
employment related activities. Grantee affirms that it is an equal opportunity employer (if
applicable) and shall comply with all applicable federal, state and local laws and regulations.
7.9. 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.
7.10. Grantee 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.
7.11. Grantee and any of the Grantee'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.
7.12. Neither Party shall assign any rights or obligations under this Agreement.
7.13. 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.
7.14. 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 Parry 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.
7.15. 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.
7.16. 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)
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
Maria D. Huizar
Clerk of the Council
APPROVED AS TO FORM:
Sonia R. Carvalho
Cityo ey n
0
RECOMMENDED FOR APPROVAL:
Steven A. Mendoza
Executive Director
Community Development Agency
CITY OF SANTA ANA
Raul Godinez II
City Manager
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Supervising Principal C&G Officer
EXHIBIT 13
EXHIBIT A
INVESTING IN THE ARTS GRANT PROGRAM
APPLICATION
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Name of Applicant: Award Amount: Category: Average Score:
Outreach, UC Irvine $6,010 Organization 85.4 — 71'
Organization's Description of Project:
The Claire Trevor School of the Arts at UC Irvine floods Santa Ana High School students and
teachers with opportunities to learn and grow through the arts. The emphasis of the partnership
is youth development, exposing SAHS students to college and career pathways, using the arts
as the tool. Through scholarships, workshops, master classes, performances and one-on-one
coachings, the Trevor School is 1.) building students' awareness of the university experience
making it a tangible goal; 2.) exposing students to the arts at the college level; 3.) emphasizing
the value of an arts education; and 4.) cultivating engaged young artists.
Organization is not based in Santa Ana and proposes to use grant funds to provide arts and
culture programming in Santa Ana in Wards 2, 3, 4, and 5.
Organization's proposed use of funds:
Funds from the City of Santa Ana will support the collaboration by providing scholarships for
SAHS students to participate in multi -week intensives and one -day workshops, stipends for the
teaching artists engaged in the program, and transportation, meals, materials, and free access to
these and other ticketed events. We learned that, in the past, when we only offered free access
to ticketed events without providing transportation and meals, students could not participate due
to food insecurity and lack of reliable transportation. We seek to provide truly free access for the
Santa Ana community, removing as many of the barriers to participation as possible.
Answers to Supplemental Questions:
Question 1: Please describe any additional City of Santa Ana resources required for your
project (permits, public space, licenses etc.) that you are required to obtain?
We present at least one, and as many as three, events in the Bill Medley Auditorium at SAHS and
will need access to the auditorium for those events. This is usually arranged through the teachers
at SAHS.
Question 2: Is this a new or existing program/project?
This is an existing program. It began in the 2012-13 school year with a single master class and
side-by-side performance in the SAHS instrumental music area, and has grown since then to
include all arts disciplines and many points of contact between UCI and SAHS.
Question 3: How will the proposed project be presented or shared with the public? Will the
art display, event or performance be free and accessible to the public?
The program will present at least one, and as many as three, free public performances at SAHS.
These free performances will include a full symphony orchestra concert performed side-by-side
by the UCI and SAHS Symphony Orchestras in Spring 2019. Additional free public events may
include open lecture/demonstrations, master classes, and workshops throughout the 2018-19
school year.
Outreach, UC Irvine
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Question 4: How will this project enrich the quality of life for Santa Ana residents?
Santa Ana has a thriving arts and culture community. By connecting with and supporting the
young artists of Santa Ana High School, we are cultivating artists who contribute to the community
both today and in the future. Free public performances will add another layer of enrichment for
residents. Infusing the Santa Ana community with premier arts experiences and instruction
enriches the quality of life for all of Santa Ana's residents.
Question 5: Describe how your project will stimulate economic development for the City
of Santa Ana.
When the arts thrive, the economy of a city thrives. Nationally, the average person spends $31.47,
in addition to the cost of their ticket, to attend an arts event (Arts and Economic Prosperity 5
Study, Americans for the Arts). We will produce at least one, and as many as three, free public
events at SAHS. While the cost of admission is free, the events will generate audience spending
on meals, transportation, and other expenditures. Additionally, SAHS students will be exposed to
the arts landscape at the college level and the professional creative sector, providing them with
the training and access necessary to contribute to the creative economy of the City of Santa Ana..
Outreach, UC Irvine
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25C-132
EXHIBIT 14
ARTS AND CULTURE ARTIST GRANT PROGRAM AGREEMENT BETWEEN
THE CITY OF SANTA ANA AND EL CENTRO CULTURAL DE MEXICO
This Artist Grant Agreement ("Agreement') is made and entered this 170' day of July, 2018, 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 El -Centro Cultural
de Mexico ("Grantee") for the purpose of providing grant funding pursuant to the Investing in the
Arts Grant Program. City and Grantee may herein individually be referred to as a "Party" and
collectively be referred to as the "Parties" to the Agreement.
RECITALS:
A. On July 2, 2018, the Arts and Culture Commission reviewed all applicants and
recommended that Grantee be awarded an artist grant based on its Application for its
artwork ("Project"). A true and correct copy of Grantee's Application is attached hereto as
Exhibit A and incorporated herein by reference.
B. On July 17, 2018, the City Council approved the grant funding for Grantee and authorized
the execution of this Agreement.
C. In undertaking the performance pursuant to this Agreement, Grantee 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 be effective upon signature by both Parties and shall expire one
year from the date first written above, unless terminated earlier in accordance with this
Agreement.
2. Funding.
2.1. Subject to Grantee's performance of all required actions under this Agreement, City shall
provide funding, in two disbursements, as detailed below, of an amount not to exceed Five
Thousand, Six Hundred, Ninety Dollars ($5,690.00) ("Grant Amount' or "Grant").
2.2. Grantee will be paid in two (2) installments. First payment will be one-half of the funding
amount provided above or $2,845.00 and will be provided within thirty (30) days of the full
execution of the Agreement by the parties. The second and final payment will include the
remaining amount of $2,845.00 and will be issued within thirty (30) days after the Grantee submits
to the City all the proper receipts, invoices and final report for the Project.
2.3. Appropriate performance of the Grantee 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 Grantee'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 institutions
or organizations for grant awards and an institution or organization's business relationship or
potential business relationship with City.
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3. Grant Activities. Grantee agrees:
3.1. To perform the activities described in the Grant Application and Timeline submitted to City
for consideration dated May 3, 2018, 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 Grantee, or any portion thereof, for any reason.
3.3. Grantee 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,
Grantee shall provide, at its expense, copies of all financial and accounting records produced by
it arising out of this Agreement.
3.4. Grantee shall allow audits, compliance or special reviews and inspections, including on-site
inspection, with or without prior notice, of Grantee's facilities by City or by third parties designated
by City, or their authorized representatives. Grantee 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. Grantee shall ensure that any areas utilized for the Project are maintained and restored to a
well-maintained, safe, sanitary, and clean condition, and kept free of any hazardous waste at all
times. All equipment associated with the installation of the artwork, trash and debris shall be
removed and cleaned up on a daily basis. Grantee 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 its sole discretion.
3.7. The Project may not include any breach of intellectual property, trademarks, brands, or
Images of illegal activity, and the Grantee must be the copyright holder for the Project.
4. Termination.
4.1. City may immediately terminate this Agreement upon one or more of the following:
4.1.1. Grantee's violation of any federal, state or local law or regulation.
4.1.2. Grantee'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.
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4.2. In the event the Agreement is terminated under Section 4.1, City reserves the right to require
Grantee to refund any or all grant funds awarded to Grantee under this Agreement, and Grantee
agrees to refund to City any or all grant funds awarded under 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 Grantee'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. Grantee 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 Grantee, and Grantee's employees, subcontractors or other persons, agencies or fines for
whom Grantee is legally responsible in connection with the execution of the work covered by this
Agreement. Grantee 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 Grantee.
Grantee's obligations shall survive the termination of this Agreement.
6.2. Grantee agrees to hereby fully release and forever discharge the Cityfrom 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. Grantee 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. General Provisions.
7.1. Grantee shall acquire prior written permission from City for any use of the City name or logo
in association with its Project.
7.2. 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.
7.3. Grantee shall comply with all governmental requirements that may now or in the future
become applicable to its activities under this Agreement.
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EXHIBIT 14
7.4. 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.
7.5. 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.
7.6. 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.
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:
Grantee: EI Centro Cultural de Mexico
837 N. Ross Street
Santa Ana, CA 92701
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
7.7. 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.
7.8. Grantee agrees to comply with all applicable equal opportunity and affirmative action laws as
appropriate, Grantee 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. Grantee affirms that it is an equal opportunity employer (if
applicable) and shall comply with all applicable federal, state and local laws and regulations.
25C-136
EXHIBIT 14
7.9. 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.
7.10. Grantee 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.
7.11. Grantee and any of the Grantee'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.
7.12. Neither Party shall assign any rights or obligations under this Agreement.
7.13. 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.
7.14. 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.
7.16. 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.
7.16. 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}
25C-137
L=wukfc1
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
Maria D. Huizar
Clerk of the Council
APPROVED AS TO FORM:
Sonia R. Carvalho
RECOMMENDED FOR APPROVAL:
Steven A. Mendoza
Executive Director
Community Development Agency
CITY OF SANTA ANA
Raul Godinez II
City Manager
GRANTEE:
Title:
IEt c
Id
25C-138
!Ctip ►^ i
EXHIBIT 14
EXHIBIT A
INVESTING IN THE ARTS GRANT PROGRAM
APPLICATION
25C-139
Name of Applicant: Award Amount: Category:
EI Centro Cultural de $5,690 Organization
Mexico
Organization's Description of Project:
EXHIBIT 14
Average Score:
82.2 — 8'h
This grant will support el Dia del Nino/Day of the Child 2019 event in downtown Santa Ana. On
April 28, 2019, EI Centro Cultural de Mexico will present the annual el Dia del Nino/Day of the
Child 2019 event, a free, family arts festival celebrating the traditional Latin-American holiday that
honors the important role of the child in the family and society. Taking place in urban downtown
Santa Ana's historic Birch Park, the day -long festival will feature approximately thirty participatory
arts workshops and performances. In the months preceding the festival, EI Centro Cultural de
Mexico will conduct interactive workshops.
Organization is based in Santa Ana and proposes to use grant funds to provide arts and culture
programming in Ward 2.
Organization's proposed use of funds::
This grant will support el Dia del Nino/Day of the Child 2019 event in downtown Santa Ana. On
April 28, 2019, EI Centro Cultural de Mexico will present the annual el Dia del Nino/Day of the
Child 2019 event, a free, family arts festival celebrating the traditional Latin-American holiday that
honors the important role of the child in the family and society. Taking place in urban downtown
Santa Ana's historic Birch Park, the day -long festival will feature approximately thirty participatory
arts workshops and performances. In the months preceding the festival, EI Centro Cultural de
Mexico will conduct interactive workshops to develop visual, literary, and performing art works to
be presented during the main festival.
The celebration intends to engage community members and local artists in meaningful artistic
and cultural experiences. EI Dia del Nino/Day of the Child event is Santa Ana's way of bringing
together tradition, community organizations, families, students, and businesses. Participants will
find themselves as creative and capable of meaningful participation regardless of skill level and
creating her/his own art. Funds from this grant will be used specifically to pay local community
artists to cover supplies and materials, and on stage performers. These funds would also help
fund permits fees and rentals.
Answers to Supplemental Questions:
Question 1: Please describe any additional City of Santa Ana resources required for your
project (permits, public space, licenses etc.) that you are required to obtain?
Event requires to reserve Birch park for the day and senior center for restrooms access. In
addition to Orange County Fire Authority permit fees to review and approve plot plan.
Question 2: Is this a new or existing program/project?
Since 2012 el Dia del Nino/Day of the Child event has been hosted at Birch Park.
EI Centro Cultural de Mexico
Page 1 of 2
25C-140
EXHIBIT 14
Question 3: How will the proposed project be presented or shared with the public? Will the
art display, event or performance be free and accessible to the public?
Day of the Child Event will take place on April 28th, 2019 at Birch Park. Where attendees will
have the opportunity to create their own piece of art while enjoying performances on stage from
local groups.
Question 4: How will this project enrich the quality of life for Santa Ana residents?:
EI Dia del Nino/Day of the Child event is Santa Ana's way of bringing together tradition, community
organizations, families, students, and businesses. Participants will find themselves as creative
and capable of meaningful participation regardless of skill level and creating her/his own art. EI
Dia del Nino/Day of the Child event serves to strengthen the relationship among participating
artists and independent contractors who live and work in our community. These artists gain
valuable experience on how to engage audiences in ways they may not have explored.
Furthermore, the community is offered a unique way to tap into their own creativity through
collaboration with highly -skilled practitioners engaging in diverse arts activities representing all
disciplines and different cultural traditions. An unintended benefit has also resulted in that the
neighborhood now has embraced the potential of a neglected urban park that is rarely visited by
children.
Question 5: Describe how your project will stimulate economic development for the City
of Santa Ana.:
This event is an opportunity to create jobs by hiring local artists.
EI Centro Cultural de Mexico
Page 2 of 2
25C-141
EXHIBIT 15
ARTS AND CULTURE ARTIST GRANT PROGRAM AGREEMENT BETWEEN
THE CITY OF SANTA ANA AND DELHI CENTER
This Artist Grant Agreement ("Agreement") is made and entered this Ir day of July, 2018, 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 Delhi Center
("Grantee") for the purpose of providing grant funding pursuant to the Investing in the Arts Grant
Program. City and Grantee may herein individually be referred to as a "Party" and collectively be
referred to as the "Parties" to the Agreement.
RECITALS:
A. On July 2, 2018, the Arts and Culture Commission reviewed all applicants and
recommended that Grantee be awarded an artist grant based on its Application for its
artwork ("Project"). A true and correct copy of Grantee's Application is attached hereto as
Exhibit A and incorporated herein by reference.
B. On July 17, 2018, the City Council approved the grant funding for Grantee and authorized
the execution of this Agreement.
C. In undertaking the performance pursuant to this Agreement, Grantee represents that it is
skilled and knowledgeable in the arts and culture arena and that the Project created or
performed hereunderwill 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 be effective upon signature by both Parties and shall expire one
year from the date first written above, unless terminated earlier in accordance with this
Agreement.
2 Funding.
2.1. Subject to Grantee's performance of all required actions under this Agreement, City shall
provide funding, in two disbursements, as detailed below, of an amount not to exceed Five
Thousand, Five Hundred, Ninety Dollars ($5,590.00) ("Grant Amount" or "Grant").
2.2. Grantee will be paid In two (2) installments. First payment will be one-half of the funding
amount provided above or $2,795.00 and will be provided within thirty (30) days of the full
execution of the Agreement by the parties. The second and final payment will include the
remaining amount of $2,795.00 and will be issued within thirty (30) days after the Grantee submits
to the City all the proper receipts, invoices and final report for the Project.
2.3. Appropriate performance of the Grantee 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 Grantee'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 institutions
or organizations for grant awards and an institution or organization's business relationship or
potential business relationship with City.
25C-142
EXHIBIT 15
3. Grant Activities. Grantee agrees:
3.1. To perform the activities described in the Grant Application and Timeline submitted to City
for consideration dated May 3, 2018, 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 Grantee, or any portion thereof, for any reason.
3.3. Grantee 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,
Grantee shall provide, at its expense, copies of all financial and accounting records produced by
it arising out of this Agreement.
3.4. Grantee shall allow audits, compliance or special reviews and inspections, including on-site
inspection, with or without prior notice, of Grantee's facilities by City or by third parties designated
by City, or their authorized representatives. Grantee 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. Grantee shall ensure that any areas utilized for the Project are maintained and restored to a
well-maintained, safe, sanitary, and clean condition, and kept free of any hazardous waste at all
times. All equipment associated with the Installation of the artwork, trash and debris shall be
removed and cleaned up on a daily basis. Grantee shall place a drop cloth or similar barrier on
the ground below the artwork while installation is underway, which barcier 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 its sole discretion.
3.7. The Project may not include any breach of intellectual property, trademarks, brands, or
images of illegal activity, and the Grantee must be the copyright holder for the Project.
4. Termination.
4.1. City may immediately terminate this Agreement upon one or more of the following:
4.1.1. Grantee's violation of any federal, state or local law or regulation.
4.1.2. Grantee'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.
25C-143
EXHIBIT 15
4.2. In the event the Agreement is terminated under Section 4.1, City reserves the right to require
Grantee to refund any or all grant funds awarded to Grantee under this Agreement, and Grantee
agrees to refund to City any or all grant funds awarded under 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 Grantee'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. Grantee 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 Grantee, and Grantee's employees, subcontractors or other persons, agencies or firms for
whom Grantee is legally responsible in connection with the execution of the work covered by this
Agreement. Grantee 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 Grantee.
Grantee's obligations shall survive the termination of this Agreement.
6.2. Grantee agrees to herebyfully 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. Grantee 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. General Provisions.
7.1. Grantee shall acquire prior written permission from City for any use of the City name or logo
in association with its Project.
7.2. 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.
7.3. Grantee shall comply with all governmental requirements that may now or in the future
become applicable to its activities under this Agreement.
25C-144
EXHIBIT 15
7.4. 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.
7.5. 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.
7.6. 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: (1) five
(5) business days after the date of mailing if sent by registered or certified U.S. mail, postage
prepaid, with return receipt requested; (11) 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.
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:
Grantee: Delhi Center
505 E. Central Avenue
Santa Ana, CA 92707
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
7.7. 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.
7.8. Grantee agrees to comply with all applicable equal opportunity and affirmative action laws as
appropriate, Grantee 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. Grantee affirms that it is an equal opportunity employer (if
applicable) and shall comply with all applicable federal, state and local laws and regulations.
25C-145
EXHIBIT 15
7.9. 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.
7.10. Grantee 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.
7.11. Grantee and any of the Grantee'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.
7.12. Neither Party shall assign any rights or obligations under this Agreement.
7.13. 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.
7.14. 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.
7.15. 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.
7.16. 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}
25C-146
EXHIBIT 15
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
Maria D. Huizar
Clerk of the Council
APPROVED AS TO FORM:
Sonia R. Carvalho
RECOMMENDED FOR APPROVAL:
Steven A. Mendoza
Executive Director
Community Development Agency
CITY OF SANTA ANA
Raul Godinez II
City Manager
GRANTEE:
Nam4; (ZxoS
Title: CE
25C-147
EXHIBIT 15
EXHIBIT A
INVESTING IN THE ARTS GRANT PROGRAM
APPLICATION
25C-148
EXHIBIT 15
Name of Applicant: Award Amount: Category: Average Score:
Delhi Center $5,590 Organization 81.2-901
Organization's Description of Project:
The Delhi Center Cultural History Project will present the history of the Delhi neighborhood
through a permanent artistic display that will be installed in the center's lobby. The display will
capture the history of the neighborhood since the late 1860's when James McFadden purchased
4,000 acres of the Rancho de Santiago land grant and named the property "Delhi". The rich
cultural history will be presented through storytelling by seniors who have lived in the
neighborhood for over 80 years, poetry, art, and photography, created by artists through a
community engagement process.
Organization is based in Santa Ana and proposes to use grant funds to provide arts and culture
programming in Ward 1.
Organization's proposed use of funds -
In -Kind Administrative Support
The Delhi Center Cultural History Project is a priority for the Delhi Center and for the residents.
Resident engagement will be a significant element of the project, which will require support from
administrative staff as well as the Community Engagement Program Coordinator. The cost for
this work totals approximately $15,319 and will be provided in-kind to ensure that the project goes
smoothly from planning to implementation.
Artist Fees
Artist fees will cover the cost of producing the art work that will be displayed in the lobby of Delhi
Center that will depict the cultural history of the center and the neighborhood through a mixed
media approach. A total of $3,210 has been allocated to this cost and the actual fee per artist will
be determined based on the size and scope of each artists' work.
There are a total of six wall panels in the lobby of approximately 42 square feet each. The panels
are about nine feet wide and may range from four to eight feet high. Each artist will be assigned
at least one panel and may be assigned up to three panels as deemed appropriate by the
selection committee. A total of approximately 140 square feet will be produced.
The artist recruitment process will take into account the talents of each artist and their capacity to
complete one or more panels. Artists will also be hired based on their ability to work together as
a team as well as to incorporate resident engagement in the artistic process.
Video
A video will be produced by Delhi Center staff at no cost to capture activities such as resident
engagement, artist work in progress, display development and construction, etc. Staff will produce
an eight to ten-minute video that will be used to promote the work that was done as well as to
encourage the general public to come to the Delhi Center to view the display.
Delhi Center
Page 1 of 4
25C-149
EXHIBIT 15
Art Supplies
Art supplies will include paint, brushes, canvasses, and other supplies to help support the artists'
work in order to ensure the quality production of the final display pieces that will be installed. Art
supplies may also be used as part of the resident engagement activities to give residents an
opportunity to explore art and to contribute to the display that will be installed. A total of $700 has
been allocated to art supplies, however if the total costs exceed that amount, Delhi Center is
prepared to cover the excess cost. The actual cost will depend on the level of resident
engagement and the number of original art pieces that will be produced.
Display Materials
Display materials will be needed to create a beautiful presentation of the cultural history of the
Delhi neighborhood and center in a creative and artistic format using enlarged photos, original art
pieces, short stories, poetry, and other work created by local artists using a community
engagement process. The displays will be designed and created through a teamwork approach
with the artists, Delhi Center staff and board members, and residents, including seniors, children,
and teens who regularly participate in Delhi Center programs and services. The materials may
include photo enlargement into poster size pieces, frames to highlight short stories and poetry,
display boxes to showcase historic artifacts from the neighborhood, and lighting to create an
artistic ambiance. A total of $1,680 in grant funding has been allocated to this cost for
approximately 140 square feet, however if the total costs exceed that amount, Delhi Center is
prepared to cover the excess cost.
Installation Hardware
An estimated cost of $840 in mounting hardware will be covered in-kind by Delhi Center. These
items include hardware to ensure that the walls can withstand the weight of the display pieces
andAbat they are protected from damage.
Answers to Supplemental Questions:
Question 1: Please describe any additional City of Santa Ana resources required for your
project (permits, public space, licenses etc.) that you are required to obtain?
The proposed project will not require any additional City of Santa Ana resources as the displays
will all be housed inside Delhi Center and will not require any permits for installation. Support from
the City of Santa Ana and from the Arts Commission will be appreciated in helping to promote the
recruitment of Santa Ana artists who will be contracted to do the work and to help spread the word
about the project before, during, and after its completion.
Question 2: Is this a new or existing program/project?
This is a new project that stems from an idea that grew out of a recent Delhi Center Open House
where attendees were asked to vote on different programs and services as well as different design
concepts that were presented as part of the center's facility improvements. One of the design
concepts was to display art and historical photos in the center's lobby. Residents were excited
about this idea because there were several attendees who have lived in the neighborhood all their
lives. One woman still lived in the house her father built over 100 years ago and another woman
has lived in the neighborhood all of her 83 years.
Delhi Center
Page 2 of 4
25C-150
i*cn7-1111MV
As part of the Open House program, residents were informed that the center would start the
planning for its 50th Anniversary to be celebrated in 2019 and volunteers for the planning
committee were being recruited. Residents thought it would be a great idea to tell the story of the
Delhi neighborhood through photos, stories, and art, which would complement the design concept
that received the most votes for the lobby. The decision was made to apply for the Arts Grant,
which could provide the resources necessary to make the project a reality. Residents eagerly
agreed to contribute photos and to tell their stories because their families are a part of the rich
history of one of the oldest neighborhoods that has made Santa Ana the great city it is today.
Question 3: How will the proposed project be presented or shared with the public? Will the
ant display, event or performance be free and accessible to the public?
Delhi Center's Cultural History Project will be installed and displayed in the Delhi Center lobby,
which is the first thing guests see when they enter the center. Delhi Center is open approximately
80 hours per week with regular weekly programming and through its social enterprise program,
including facility rentals for events, such as business meetings, employee training and
celebrations, conferences, resource fairs, community events, high school graduations, wedding
receptions, quinceaneras, and many others.
Approximately 34,500 people walk through our doors each year. We serve almost 2,000
individuals each month and sometimes we see over 400 people come through our doors in a
single day. About 90% of our guests and program participants are Santa Ana residents and about
55% of those are from the area immediately surrounding the center, from the 92707 zip code. All
of our guests will have the benefit of viewing the display when they come to the center. We will
also make every effort to promote the display to ensure increased opportunities for the general
public to visit Delhi Center to view the display at no cost.
Question 4: How will this project enrich the quality of life for Santa Ana residents?
The proposed project has incorporated community engagement since its conceptualization and
will continue to do so through the completion of the project, giving residents a sense of belonging
and fulfillment. The project started at a recent Open House at Delhi Center where residents gave
their input on programs and services they would like to see at the center and voted on different
design concepts that were being proposed throughout the center. The most popular design
concept was for the lobby to house art and historic photos of the Delhi neighborhood. This became
the idea that led to the proposed project.
The project will give Delhi residents an opportunity to have their stories captured and developed
into an artistic display for all to experience. Everyone in Santa Ana will be able to learn about the
rich cultural history of the Delhi neighborhood, stemming back to the late 1800's when the area
was first developed and they will be able to enjoy the artistic expression of that history here at
Delhi Center. The project will enrich not only Delhi residents but all of Santa Ana by
acknowledging and showcasing in a creative way the independence, perseverance, and
community involvement that has been the driving force of Santa Ana throughout its history.
Question 5: Describe how your project will stimulate economic development for the City
of Santa Ana.
The project will create work for local artists who will take on the work of producing the cultural
history display at Delhi Center. The work will provide valuable experience and will help the artists
Delhi Center
Page 3 of 4
25C-151
EXHIBIT 15
to develop skills not only in creative expression but also in teamwork and community engagement,
which will help develop transferable skills. The work itself will be well documented, which will help
the artists to develop or add to their portfolios for use in future artistic job searches.
The project will have a side effect of generating increased visibility for Delhi Center, which may
result in more people wanting to rent the facility for their events, such as business meetings,
employee trainings, conferences, community forums, school events, and private events. By
increasing revenue, Delhi Center will be in a better position to increase employment opportunities
for Santa Ana residents. When revenue is increased, programs and services are increased, which
results in more jobs being created to help the city's economy. This strategy is part of the center's
long-term plan of increasing revenue in order to provide more programs and services for the
community and for hiring more Santa Ana residents to fill jobs that are created.
Delhi Center
Page 4 of 4
25C-152
EXHIBIT 3
NAME
ARTIST/
ORGANIZATION
AMOUNT
REQUESTED
AVERAGE
SCORE
AMOUNT
RECOMMENDED
BY PANEL
Vietnamese American Arts & Letters Association (VAALA)
Organization
$10,000
93.5
$6,820
The Orange County Center for Contemporary Art (OCCCA)
Organization
$10,000
93
$6,770
Media Arts Santa Ana (MASA)
Organization
$10,000
92.2
$61690
Heritage Museum of Orange County
Organization
$10,000
87.4
$6,210
ALBI
Organization
$10,000
87.2
$6,190
Orange County Children's Therapeutic Arts Center (OCCTAC)
Organization
$10,000
85.6
$6,030
Outreach, UC Irvine
Organization
$10,000
85.4
$6,010
EI Centro Cultural de Mexico
Organization
$10,000
82.2
$5,690
Delhi Center
Organization
$10,000
81.2
$5,590
Marina C. Aguilera
Artist
$5,000
78.6
$3,000
Rogelio Reyes aka Roger Eyes R.
Artist
$4,400
74
$3,000
Kimberly Janet Duran
Artist
$5,000 1
69.2
$2,000
Greg Camphire
Artist
$5,000
65.4
$2,000
Ann Phong
Artist
$4,950
63.6
$2,000
Bud Herrera
Artist
$5,000
63.6
$2,000
Charitable Ventures of Orange County_CRECE Coop
Organization
$9,726
62.2
0
Maricela Ramirez Loaeza
Artist
$5,000
42.2
0
Yolanda Mendiveles
Artist
$1,500
41.8
0
TOTAL
$135,576
70,000
Steps to determine funding amount recommended by panelists to organizations:
Step 1: Organization's percentage score x funds requested = Dollar amount for each organization.
Step 2: Dollar amounts (based on percentage) per organization were then added together = Total Dollar amount
requested = $78,770.
Step 3: Of this amount only $56,000.00 is available to be funded after distributing to the individual artists first,
so the difference between $78,770 - $56,000 = $22,770.
Step 4: This difference of $22,770 is divided evenly into the 9 qualifying organizations = $2,530 per organization.
Step 5: $2,530 is subtracted from the dollar amount for each organization in Step 1 to get the final amount
recommended by panel.
25C-153
25C-154