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HomeMy WebLinkAboutDURAN, KIMBERLY JANETINSURANCE NOT REQUIREDA-2018-178-03 WORK MAY PROCEED CLERK OF COUNCIL ( 80ATP, AUG 0 6 WS AND CULTURE ARTIST GRANT PROGRAM AGREEMENT BETWEEN 0 1 cp P�_O) THE CITY OF SANTA ANA AND KIMBERLY JANET DURAN fyrkb-f 1410, C-rw.r^A-r 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 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. 2011111111 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 frorn 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. 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. 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. 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. 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. 4 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} IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: I � h it y{ p. 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 Clerk of the Council City Manager I0:4:r INVESTING IN THE ARTS GRANT PROGRAM APPLICATION Name of Applicant: Award Amount: Category: Average Score: Kimberly Duran $2,000 Artist 69.2 — 3'd Artist's Description of Project: 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 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 2 360 Turnaround Youth Programs 708 North Garfield St. Santa Ana, CA 92701 March 30, 2018 City of Santa Ana Investing in the Artists Opportunity Grant Dear City of Santa Ana, Allow me to commend to you Kimberly Duran and her partner Bud Herrera who are applying as artists for your Investing in the Artists Opportunity Grant. Their projects consist of a revolving mural at McFadden Public Market and the second involves a free outdoor artist exhibition space outside the Yost Theater. With the benefit of your grant these two outstanding artists will be able to "...further their work while living and creating in Santa Ana, resulting in a more vibrant local art scene". My experience with them began when Kimberly approached Dr. Cristina Kampfner's 360 Turnaround Youth Program about painting a mural on our wall at 708 N. Garfield. I was immediately struck by her absolute zeal for the public art they create. Additionally she was completely in tune with the community where the mural would be located and the work done by our organization to serve Santa Ana's Hispanic community. We had an extended discussion about what we wanted reflected in the mural; children, the agricultural roots of our family, optimism, and she was able to perfectly capture those notions in the alternative designs she sketched for us. Once the design was selected they did an outstanding job painting the mural and making sure that we were totally satisfied with the work that was done. The mural is as beautiful today, and as uplifting, as the day it was installed. I can't tell you how many positive comments from the community and passers-by we have received from that mural, and it is a constant positive affirmation for the children participating in our programs. Please allow Kimberly and Bud to further their artistic work in the City. I promise you that all of Santa Ana will be delighted with your choice! Yours truly, Samuel B. Corliss, Jr. Erika Carranza Benavides Event Director The Love Santa Ana Initiative 2501 W. 51h St. Santa Ana, CA 92703 714.834.9331 x. 236 To Whom It May Concern: This letter is in support of Kimberly Duran, an amazing local artist who has given her time and talent for the betterment of Santa Ana. Kimberly has been a volunteer with our charitable organization since 2015 and she has put in a lot of her spare time and effort to make our work a success. She has been an integral part of our volunteer team and I am more than happy to write this letter as she looks to get support to continue her service to this City. Kimberly has been a blessing to our organization. We rely heavily on our volunteers and she has really made a difference to the lives of the communities we serve. She has helped us with painting murals and has integrated the community in the process as she has lead groups of volunteers to join in painting these murals. The Love Santa Ana Initiative has been in existence for the past two years. Our organization is committed to the betterment of 'troubled' neighborhoods throughout Santa Ana. Through our community organizing efforts, we bring together neighbors, churches, community leaders, non -profits, artist, and businesses for an impactful day of service and complete many beautification projects in various communities. Kimberly has been part of this transformative effort and our success is attributed to our committed volunteers. Please feel free to contact me should you have any questions. Sincere Regards, Erika Carranza Benavides 2501 W. Fifth Street Santa Ana, CA 92703 1 Phone 714.834.9331 1 Fax 714.541.5541 www.lovesantaana.org INVESTING IN TWE ARTIST Sample Project Timeline DATE ACTION OUTCOME jai /<.6I$ 44--fe k-0� a- Pt�-t'vt-l- 14l'•Sr'.a'+°�. In t�.ls{-Drva a(' �!s^t�,rw v,i -I-�� �,''-l-wcr k-. -,knwG�l'IiJnvplVE'S(.G�.,���rS� tvz -Ibte G,i^h � � 2��2.0 (�6 �k���til j yvlcic�,�s; t=ug Yv► t, d -e+ -t ��i1ct�I�iYc� fld- i Baa Ct c�'evv` W c� i n i Vvet wu L UY1 it t(- S V Lc v� d -I Cu Jl t o ra l mwl l 0v1 �2201� Uv�>✓Ut QLiblaL LS/ -A1 Lt fvi rvv live p �u4 A-ux-c-� - _ P0a lvt°t vy+L 'at '12 9jS41n,4Lv P vy vv�! 1;LJ 0126i� 'm ws4vvi. 4 vP r -um t u av �e �� i� o{iitnt�l re'( -.ccs ac ovilivo-u«tao Ornliv.a u�v�elih�, uv vve Vk j o,C- vt vlo o (Pvl-I eA.4 Frry vvrwg.l CAVJV C4,y- Cxk;b4. Qray�e�t 010112,01CA ° 08, !u I of brio �hh-ty) INVESTING IN THE ARTIST LINE ITEM BUDGET PROPOSED GRANT FUNDED PROGRAMMING SERVICES PERSONNEL Description of Personnel (artist fees, consultants, administrative fees, etc.) Total Compensation Grant Funds Requested Total Cost Grant Funds Requested 4�12L%tcI Pau 0-r -- �� (Sv I, Cac� F 11:06. coo r�`iTLi�GC' 14000 EQUIPMENT. MATERIALS. AND SUPPLIES Item (equipment, materials, supplies) quantl ty Unit Cost Total Cost Grant Funds Requested 4�12L%tcI Pau 0-r -- �� (Sv I, Cac� F 11:06. coo r�`iTLi�GC' 14000 -418c%�) a.cxa jv4C is i Qrcra- U� _ I erd er 2 ' cx 2exo, on 4-2r-10. 00 Description I Total Cost I Grant Funds (permits, fees, facility rental for project) Requested INVESTING IN THE ARTIST 10 City of Santa Ana, Community Development Agency 20 Civic Center Plaza, M-25, Sante Ana, CA 92701 (714) 647-5360 LINE ITEM BUDGET PROPOSED PROGRAM BUDGET PROPOSAL. Fntpr hudgst categories and projected expenditures for the proposed program: Category Expenditures Funded By Santa Ana Grant Expenditures Funded By Other Sources (Including in-kind) Total Project Budget Personnel Total 4� xug ' o Equipment Total 11cc'_°),C`�6'-? -!h 6,00 1,ey)9 0-0 Supplies Total Materials Total,,:. C)c">- AddltionalExpenseTotal TOTALZjY.�°C C17��C`C?S�,LtPCt^�SY,L7 PROJECT REVENUE LIST ALL OTHER PROJECT RESOURCES "Funding Source" total must equal "Total Project Budget" listed above. FUNDING SOURCE AMOUNT Santa Ana Artist Grant $oG f"" 0" 1 -- IN V.Il� P 4� xug ' o TOTALPROGRAM BUDGET CULTURAL INFO SHEET 11 City of Santa Ana, Community Development Agency 20 Civic. Center Plaza, M-25, Santa Ana, CA 92701 (714) 647-5360