HomeMy WebLinkAboutPHONG, ANNINSURANCE NOT REQUIRED A-2018-178-05
WORK MAY PROCEED
CLERK 111{711\1111.
nr:TG. SEP 13 WS
CO)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 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 Ann Phong
("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.
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.
2.1. 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.
2A, 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.
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: 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.
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:
Marla D. Hulzar
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
'A
RauTGodinez 11 V
City Manager
GRANTEE:
Name of Applicant:
Award Amount:
Category:
Average Score:
Ann Phong
$2,000
Artist
63.6 - 5th
Artist's Description of Project:
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. Some artworks include the Santa Ana City
scenes. Others are scenes from a broader worldwide living environment.
The finished paintings will be a solo exhibition at the Fourth Element Gallery. 210 N
Broadway, Santa Ana, CA 92701. The exhibition will run from May 51h to May 30,
2018.
The opening reception at the Fourth Element Gallery will be from 6PM to 9 PM. It's
the same day and time with the Santa Ana Art Walk Day.
During the exhibition, the brochure of the artworks that's funded by Santa Ana City
grant will be distributed to the art viewers.
I am also invited to have a solo exhibition at the John Wayne Airport (18601 Airport
way, Santa Ana, CA) in July 2020. Although the exhibition is not within the time frame
of the Santa Ana City grant for year of 2019. 1 still will put in my statement that I did
my artworks for this exhibition based on the grant I received from the City of Santa
Ana.
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:
$1700 will be used for purchasing artwork materials and printing brochure. The
artworks consist of 30 paintings in variety of size. They are relief like mixed media art.
$300 artist fee 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 30 paintings that
relate to the beauty of city clean dwellings vs the polluted areas in other cities on
earth.
Ann Phong
Page 1 of 2
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. The finished paintings will be exhibited at the
Fourth Element Gallery in May 2018 and in John Wayne Airport in July 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 Fourth Element Gallery is at 210 N Broadway, Santa Ana, CA 92701. The gallery
is on the map of the Santa Ana Art Walk. The gallery is open to public. Gallery Hours:
Tuesday - Saturday: 11 AM- 7 PM. There will be an artist talk during the opening
reception day. The exhibition will be promoted through emails, and social media
networking from the gallery and the artist.
In the John Wayne Airport, the exhibition will be displayed at the hallways in many
terminals. The audience who come from many different cities and countries will have a
chance to enjoy and contemplate while walking around waiting for the flight.
Ann Phong
Page 2 of 2
BREAST CANCER CARE
SPECIALISTS, INC
Date: April 27, 2018
City of Santa Ana
Community Development Agency
20 Civic Center Plaza, M-25
Santa Ana, CA 92701
To whom it may concern:
Bichllen Nguyen M.D. 714 378 5005 - fax 714 378 5611
American BoardCertitled In Medlcal oncology 9900 Talbed Avenue, Suite 103A
Fountain Valley, CA 92708
My name is BichLien Nguyen, an Orange County resident. I am writing this letter in support of Ann
Phong, an artitst who is applying for an Artists Opportunity Grant by the City of Santa Ana.
I have become an admirer and collector of her work over many years. I have seen her growth and
evolution as an artitst; and I am glad that more and more, she is getting well-deserved recognition
as a gifted painter with important messages through her paintings; and as an art teacher. However,
I still think her talent and important messages in her artworks need to be seen and appreciated by a
much wider audience.
Ann's artworks carried many messages, but her most profound concern and passion is the
environment. Her messages about pollution and the environment is very important to me, a medical
oncologist by profession; and my patients, who knows first hand the dire consequences of what
pollution can do to human health. I think these messages need to be seen and felt by as many
people as possible. I believe serious messages such as these reach people in more sublime and
profound ways through artworks than through any other means.
I applaud Ann for raising awareness of the effects of pollution on earth all living things; and for
seeking to reach a wider audience by exhibiting in public places such as the John Wayne airport;
I admire her wish to improve her understanding of global pollution problem by attending seminars
and traveling to sites of serious pollution problems, from which she can gain wider and deeper
knowledge and intuition that will in her own words in her application: "... integrate into my artworks
and help me to reach to the audience a more profound way."
I strongly recommend Ann Phong to your progam and I hope she will be awarded the grant she
asked for. I am sure this grant will help in furthering the development of this inspiring artist.
If you have further questions please feel free to contact me at bichlienmd@yahoo.com
Sincerely Yours,
Bichlien Nguyen, M.D.
April 28, 2018
City of Santa Ana
Community Development Agency
20 Civic Center Plaza, M-25
Santa Ana, 92701
To Whom It May Concern:
This is a letter in support of Ann Phong who is applying for a grant to
create artwork to be displayed at the John Wayne Airport.
I have known Ann Phong for over twenty years both as an artist but
also as faculty at Cal Poly Pomona. She is a hardworking and talented
artist. Over the years she as exhibited her dedication to both
education and art as implements for social change.
Ann Phong has shown her work internationally and is well respected.
Her current works address the affects of human activity upon the
environment, especially the effects of poverty. Ocean and waterway
pollution is one of the biggest problems the world faces today and Ann
has been working with these issues in her artwork for many years.
Her work is emotional, affecting and informing.
This grant would help Ann execute her upcoming show at the John
Wayne Airport in 2019 with the acquisition of materials and also in the
research on global warming and current environmental issues. I have
no reservations in supporting Ann for a grant for this project.
If you have any further questions please feel free to contact me at
batz3@earthlink.net
Sincerely
U -
Barbara A. Thomason
INVESTING IN THE ARTIST
LINE ITEM BUDGET
Artist: Ann Phong
PROPOSED GRANT FUNDED PROGRAMMING SERVICES
PERSONNEL
Description of Personnel
(artist fees, consultants, administrative
fees, etc.)
Total Compensation
Grant
Funds
Requested
Artist fee
$400
$300
Quantity
Cost
Cost
EQUIPMENT, MATERIALS, AND SUPPLIES
Item
Total Cost
Unit
Total
Grant
(equipment, materials, supplies)
Quantity
Cost
Cost
Funds
$300
$300
Requested
Acrylic Paints:
Hansa Yellow Light.
1
Quart $20
Hot Pink
1
Quart/$15
$198
$198
Yellow green.
1
Quart/ $27
Purple
1
Gallon/$101
Orange
1
Quart/ $35
Acrylic medium and varnish.
5 gallons
$148.5
$148.5
$148.5
pail
Acrylic texture paste
Two 5 gal-
$193.6
$387.2
$387.2
Ions pail
Round canvases
5
$36
$180
$180
Wood panels and building materials:
$200.32
$200.32
Wood bars, wood panels, nails, staple
nails, glue, hooks, and tapes.
ADDITIONAL EXPENSES
Description
Total Cost
Grant Funds
(permits, fees, facility rental for project)
Requested
Printing brochure for the exhibition
$300
$300
Designer fee for designing the brochure
$300
$300
City of Santa Ana, Community Development Agency
20 Civic Center Plaza, M-25, Santa Ana, CA 92701 (714) 647-5360
INVESTING IN THE ARTIST
LINE ITEM BUDGET
PROPOSED PROGRAM BUDGET PROPOSAL
Enter budget 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
$300
$0
$300
Equipment Total
0
0
Supplies Total
0
0
Materials Total
$1,114.02
0
$1,114.02
Additional Expense Total
$600
0
$600
TOTAL
$2,014.02
$2,014.02
PROJECT REVENUE
LIST ALL OTHER PROJECT RESOURCES
..Funomg Source" total must equal "Total Project Budget' listed above.
FUNDING SOURCE AMOUNT
Santa Ana Artist Grant $2,000
TOTAL PROGRAM BUDGET $2,000
City of Santa Ana, Community Development Agency
20 Civic Center Plaza, M-25, Santa Ana, CA 92701 (714) 647-5360
INVESTING IN THE ARTIST
Project Timeline
Artist: Ann Phong
DATE
ACTION
OUTCOME
August
Self -guided tour/research.
To create paintings that reflect the living ac -
2018
Take photos of the city scenes. Draw/sketch
tivities in Santa Ana City.
on spot, then create paintings at artist's own
studio.
Location: Santa Ana City Library and the sur-
rounding.
October
Self -guided tour/research and sketch outdoor
To create paintings that reflect the living ac -
2018
scenes. Draw/sketch on spot, then create
tivities in Santa Ana City.
paintings at artist's own studio.
Location: Downtown Satna Ana: 4st street and
the surrounding.
December
Self -guided tour/research and sketch outdoor
To create paintings that reflect the living ac -
2018
scenes. Draw/sketch on spot, then create
tivities in Santa Ana City.
paintings at artist's own studio.
Location: Bowers Museum and the surround-
ing.
January
Self -guided tour/research and sketch outdoor
To create paintings that reflect the living ac -
2019
scenes. Draw/sketch on spot, then create
tivities in Santa Ana City.
paintings at artist's own studio.
Location: Metro East area in Santa Ana City.
February
Self -guided tour/research and sketch outdoor
To create paintings that reflect the living ac -
2019
scenes. Draw/sketch on spot, then create
tivities in Santa Ana City.
paintings at artist's own studio.
Location: The South East end of Santa Ana
City.
May 5th,
Exhibiting 30 paintings.
Solo Exhibition
2019
At
Fourth Element Gallery.
6 PM till 9 PM.
210 N Broadway, Santa Ana, CA 92701
City of Santa Ana, Community Development Agency
20 Civic Center Plaza, M-25, Santa Ana, CA 92701 (714) 647-5360