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HomeMy WebLinkAboutAGUILERA, MARINA C.F%:;i'!11IR,? D A-2018-178-01 l;l_f: ti{ vi= COUNCIL DEC 1 8 MS AND CULTURE ARTIST GRANT PROGRAM AGREEMENT BETWEEN p`, Cp pV THE CITY OF SANTA ANA AND MARINA C. AGUILERA 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 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. 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 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. 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: 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. 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: xa a A L'� r t 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 11 City Manager GRANTEE: a latl-"tA ,I,, 1.4A i i 'Marina . Aguilera -- Artist �l Name of Applicant: Award Amount: Category: Average Score: Marina Aguilera $3,000 Artist 78.6 — 1st Artist's Description of Project: 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 • 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 April 28,2018 To Whom it may concern: It is my absolute pleasure to recommend Marina Aguilera. Marina is an amazing artist and was a truly valuable asset to our team when she accompanied us to Egypt on our trip last year to location scout for our upcoming film I am producing there. Marina was able to use her impressive art talents to sketch scenes and locations and was able to translate our vision clearly and concisely enabling our project to advance seamlessly. Marina is an award-winning artist and has many years of professional experience as well as a good reputation as a team player. Her high level of talent for her art has garnered much recognition for her work and was one of the many reasons we chose her to accompany us to Egypt. We are happy to have included her in the project. Best Always, Tracy Sabeti Producer Action film International tracy@actionfilmegypt.com East End Realty Partners LP 129 W. Wilson St. Ste 100 Costa Mesa, CA 92627 May 2, 2018 City of Santa Ana Arts Commission 20 Civic Center Plaza Santa Ana CA 92701 RE: Santa Ana Artist Grant To whom it may concern, The purpose of this letter is to recommend Marina Aguilera, a longtime Santa Ana artist and resident, in support of her proposed art project on the Spurgeon promenade in Downtown Santa Ana. The project will highlight the "The infamous Green Parrots of Santa Ana" made out of rectangular ceramic file planters. The artwork would be a nice addition to the area and help brighten the promenade, Any questions can reach be at contact above. Thanks for your consideration. Ryan Chase East End Realty Partners 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 2 U EQUIPMENT, MATERIALS, AND SUPPLIES Item (equipment, materials, supplies) Quan- tity Unit Cost Total Cost Grant Funds Requested a� ADDITIONAL EXPENSES Description Total Cost Grant Funds (permits, fees, facility rental for project) Requested 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 o O o Equipment Total Supplies Total 2SC� as o u Materials Total v o oU Additional Expense Total TOTAL 3 PROJECT REVENUE LIST ALL OTHER PROJECT RESOURCES "Funding Source" total must equal "Total Project Budget" listed above. FUNDING SOURCE AMOUNT Santa Ana Artist Grant TOTAL PROGRAM BUDGET City of Santa Ana, Community Development Agency 20 Civic Center Plaza, M-25, Santa Ana, CA 92701 (714) 647-5360 PROJECT TIMELINE DATE ACTION Outcome Sept 2018 Sketching out renderings, mock ups for upcoming relief Researching types of tiles to be used in Art mosaic. Gathering information for different tools, supplies etc. to be utilized in process. Buying materials and having supplies needed to begin Art project. Oct .2018 "GREEN PARROTS OF SANTA ANA" Art project begins. Start cutting out pieces, spacing and creating design work for Art relief Developing drawings, Purchasing supplies Design work begins. Nov. / Dec. 2018 Design work continues Design work on Art relief. Jan. 2019 Cutting Tiles pieces, molding clay, firing and glazing Art pieces Design work continues. Project halfway done. Feb./ March 2019 Finishing up Mosiac Tile relief, getting Artwork ready to apply onto wall, preparing to install. Finishing up Artwork Preparing to install. April/ May 2019 Add finishing touches to Artwork Project completed.