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HomeMy WebLinkAboutCOMMUNITY PARTNERS (2)City of Santa Ana Clerk of the Council AGREEMENT TERMINATION FORM Please complete this form in its entirety when the attached agreement and all amendments (if any) are no longer in effect. Note: If your agreement is grant related, please ensure that all grant retention requirements have been satisfied prior to signing the termination form. Is the agreement(s) a permanent record? Yes No Return form to the Clerk of the Council Office (M-30). Call 647-1520 if you have any questions. The agreement with C'G %Qlmkv COTC Office Use t7nl C,2.,C)2;2,- Cjjyof Santa An ni er C's of ice N-2022-071 No. - was completed on 21 and final payment has been made. (List all amendments. Use space below if needed.) Department: C. Phone/Ext.: P1 ,_ Signature: Date.- ? iAagreementsiformsVorm - agreement termination form—goldenrod.doc Iii�UNANCE NOT REQUIRED N-2022-071 WORK MAY PROCEED CLERK OF COUNCIL DATE, !) / l ( 12Z CITY OF SANTA ANA O',DONATION AGREEMENT 1. PARTIES AND DATE This Donation Agreement ("Agreement") is made and entered into this 151 day of March, c 2022, by and between the City of Santa Ana, a charter city and municipal corporation organized and `-° existingunder the Constitution and the laws of the California ("City"), ( y ), and Community Partners, the fiscal receiver for applicant Media Arts Santa Ana ("Recipient"). City and Recipient are sometimes m individually referred to as "Party" and collectively as "Parties" in this Agreement. 2. RECITALS 2.1 Community Benefit. The City wishes to provide Recipient with funding to assist Recipient with SMART Walk (South Main Art, Retail & Technology), a free community event showcasing technology -based art, businesses, career opportunities, and training programs to Santa Ana youths and adults ("Community Benefit"). The Request for Sponsorship Funds is attached hereto as Exhibit A and incorporated herein by reference. The Parties wish to enter into this Agreement to establish the terms and conditions under which the City will provide funding. 2.2 Public Pumose. The City believes there is a public purpose in providing free, safe all - ages access to new creative and professional opportunities for youth and adults, including arts and culture activities, presentations, and networking. The event will also address the historic lack of access to technology and technology -focused instruction faced by Santa Ana's diverse multilingual immigrant community. The foregoing is a general description of the public purpose, and is not necessarily the only public purpose to be gained from the Community Benefit. 3. TERMS AND CONDITIONS 3.1 Use of Funds. The City has chosen to provide Recipient with a one-time payment of ONE THOUSAND, EIGHT HUNDRED, NINETY-FIVE DOLLARS ($1,895) for this event because the City has determined that there is a public purpose to be served in supporting the Community Benefit. Tn executing this Agreement and receiving the funds, Recipient agrees to use the funds only for the purpose described and subject to the terms and conditions provided for in this Agreement. Should Recipient fail to use the funds for such purpose or otherwise comply fully with the terms of this Agreement, City shall have the right to terminate this Agreement and demand the return of the funds pursuant to Section 3.2 below. 3.2 Term; Termination of Agreement. This Agreement shall take effect on the date first above written and remain in effect unless and until terminated by the City. The City has the right to terminate this Agreement upon one day's notice, with or without cause. Should the City terminate this Agreement, it shall also have the right to demand the immediate return of all funds provided to Recipient pursuant to this Agreement, as well as interest at the rate of ten percent (10%) per annum. Notwithstanding the foregoing, the indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. CITY OF SANTA ANA DONATION AGREEMENT Page 2 of 5 3.3 Waivers, Insurance or Other Obligations. For purposes of the City's protection, if the City determines that the funds will be used for a purpose, which may cause a significant risk of injury, the City may, in its sole discretion, require Recipient to provide certain insurance and participant waiver/release protections. This right shall be on -going and may be implemented by the City at any time, and all insurance and waiver/release forms shall be provided on forms, in amounts and with provisions acceptable to City. 3.4 No Oversight by City. Nothing in this Agreement shall be implied or interpreted as City establishing or providing oversight, control or approval of the Community Benefit or any activities conducted by the Recipient. 3.5 Indemnification. Recipient understands, acknowledges and agrees that Recipient shall assume all risks associated with the Community Benefit, including, but not limited to, the possibility of death or serious trauma or injury. To this end, therefore, Recipient shall defend, indemnify and hold City and its officials, officers, employees, agents and volunteers free and harmless from and against any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any and all acts, omissions, willful misconduct or other activities of the Recipient or its officials, officers, employees, agents, guests, participants attendees, and contractors, including the performance of the Community Benefit or this Agreement, including without limitation the payment of all consequential damages and attorneys' fees and other related costs and expenses. The only exception to the Recipient's obligations hereunder shall be for claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries caused by the sole negligence, sole willful misconduct or sole active negligence of the City. Recipient shall defend, at Recipient's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, employees, agents, or volunteers. Recipient shall pay and satisfy any judgment, award or decree that may be rendered against the City or its officials, officers, employees, agents, or volunteers, in any such suit, action or other legal proceeding. Recipient shall reimburse City and its officials, officers,` employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Recipient's obligation to indemnify shall not be restricted or limited by insurance proceeds, if any, received by the City, its officials, officers, employers, agents or volunteers. The indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. 3.6 Entire Contract/Modification. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. The terms and conditions of this Agreement may be altered, modified or amended only by written agreement signed by both Parties. 3.7 Authority to Enter Agreement. The person executing below on behalf of Recipient represents and warrants that the Recipient has all requisite power and authority to conduct its business and to execute, deliver and perform this Agreement. Each Party warrants that the CITY OF SANTA ANA DONATION AGREEMENT Page 3 of 5 individuals who have signed this Agreement have the legal power, right and authority to make this Agreement hind each respective Party. ❑ocuSign Envelope ID: FBFD231A-1 DOC-43E7-A21E-D84OB9918D84 CITY OF SANTA ANA DONATION AGREEMENT N-2022-071 Page 4 of 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. ATTEST: ZMN /�DaisyGomez Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attoj-pey By: N Ryan O o ge Assistant City Attorney RECOMMENDED FOR APPROVAL: Steven A. Mendoza Assistant City Manager Executive Director, Community Development Agency CITY OF SANTA ANA Kristine Ridge City Manager ARTIST: 5eoaa8lgnod by., = PRy" Sign (Media Arts Santa Ana) victor Payan Print Name: Media Arts Santa Ana Address: Po Box 1816 Santa Ana, cA 92702 ARTIST: —enouSignedby: 11 mit, t`UVti. "Siu Sign (Community Partners) Mamie Funahashi Print Name: 1000 N Alameda St, Ste Address: 74D Los Angeles, cA 90012 CITY OF SANTA ANA DONATION AGREEMENT Page 5 of 5 EXHIBIT A Request for Sponsorship Funds City of Santa Ana Title ,I l by Victor Payan in Arts & Culture - Special Event Sponsorship Request Form (SESRF) - 2021 910 E Grant St Santa Ana, California 92701 United States 619-701-0073 victor@masamedia.org Powered by Submittable U 02/08/2022 id. 22521443 Original Submission 02/08/2022 Name of Primary Victor Contact Payan Contact Title Executive Director Name of Entity Media Arts Santa Ana (MASA), a Project of Community Partners (organization, business, neighborhood association) Check the box that Nonprofit 501(c)(3) applies to your entity: Additional Applicant Names (if applicable) Physical Address 1666 N. Main Street Santa Ana CA 92706 us Mailing Address PO Box 1816 Santa Ana CA 92702 us Phone +16197010073 Email victor@masamedia.org Website www.masamedia.org Event Name/Title SMART Walk (South Main Art, Retail & Technology) Event Date(s) June 25, 2022 Is this event open to Yes the public? Event Location(s) OC Musicians Union (2050 S Main St, Santa Ana, CA 92707), Media Arts Santa Ana (1666 N Main, Santa Ana, CA 92706) and Five Augmented Reality (AR) virtual art installations on South Main, locations TBD What city ward(s) will Ward 4 the event be located Ward 5 (click on link below to Ward 6 find wards)? Ward 3 Number of expected 1,500 attendance for your event Brief Description of Media Arts Santa Ana (MASA) seeks support for the SMART Walk Project (South Main Art, Retail & Technology), a free community event showcasing technology -based art, businesses, career opportunities and training programs to Santa Ana youth and adults. SMART Walk will take place on Saturday, June 25 from 11am-7pm, and include artist booths, demonstrations, educational opportunities, entertainment, food trucks and art and technology -based resource booths. The event will also include in -person and virtual workshops and will commission five Santa Ana artists to create virtual Augmented Reality (AR) art installations which will be located at key historic and cultural locations along South Main. Describe the The SMART Walk (South Main Art, Retail & Technology) will benefit community benefits the Santa Ana community in numerous ways, including: of this event Providing access to new creative and professional opportunities for youth and adults - Helping bridge the digital divide through technology instruction and technology access to a historically underserved population - Providing a free, safe all -ages arts and culture event for local families on South Main - Creating critical pathways to technology -based arts careers for historically excluded groups, such as women and people of color, who make up a large part of the Santa Ana community - Technology -based artists, organizations and creative businesses not currently served by the existing Art Walk, will benefit from this event via presentation opportunities, networking and access to clients - Artists working in traditional mediums will be exposed to new tools, technologies, platforms and potential collaborators for their creative practice and artistic production - Addresses the historic lack of access to technology and technology -focused instruction faced by Santa Ana diverse multilingual immigrant community This exciting new summer event produced by Media Arts Santa Ana (MASH) will showcase the intersection of Creativity and Technology by hosting booths showcasing the tech -based arts community, media artists and digital educators, such as: • Coding Boot Camps • Youth STEAM Educators • 3D Printmakers • Augmented Reality Artists • Gaming Design • Drone Operator Academies • Metaverse Projects • NFT Artists and Developers • Web3 • App Demos • Graphic Design Programs The event will also feature creators of digital murals, holograms, geofilters and custom cars. As technology fueled creativity and innovation on South Main over the last 100 years with advances in automobile customization, aerospace and music, Media Arts Santa Ana's SMART Walk will set the course for South Main's renaissance via harnessing new technologies to fuel economic prosperity over the next 100 years. Examples of organizations that will be invited to participate are: • Santa Ana Unified School District • Santa Ana College Digital Media Center • STEAM:CODERS • Sabio Coding Boot Camp • Orange County Youth Drone Piloting Program • Orange County Musicians Union • 2CPR Certification & Career Pathways Readiness Group (Adobe) • Orange Coast College Digital Media Arts & Design Program • Orange County School of the Arts • Santa Ana Middle College High School • Santa Ana Public Library • Santa Ana Work Center In addition to serving as a creative technology showcase, the SMART Walk will also include booths for local artists working in digital and media arts disciplines to present their work to the public. SMART Walk activities are planned to take place at the OC Musicians Union space, located at 2050 S. Main. The Musicians Union includes its own parking lot, and we will encourage walking, bicycling and public transportation as ways for the Santa Ana community to attend the event. We will also contract a diverse selection of food trucks to provide delicious food for attendees. As part of the SMART Walk, Media Arts Santa Ana will commission five Santa Ana artists to create virtual Augmented Reality (AR) art installations along South Main, showcasing the cultural and artistic history of the area. The geotagged virtual Augmented Reality artworks will be accessible to any member of the public visiting the location via mobile devices, such as cel phones and tablets. This will encourage participants to embark on a virtual art tour of South Main, visiting important sites, businesses and restaurants from 1st Street to Dyer. Selected artists will be provided instruction in how to use Adobe Aero and other apps to create engaging, interactive and immersive. Augmented Reality works on South Main. Here is a link to a video showcasing what Adobe Aero can do: https:/Iyoutu.be/7MW2_7sNil[. The first artist invited to participate in this project is Kimberly Duran. Born and raised in Santa Ana, Kimberly is an accomplished muralist, founding member of the Heavy Collective, and recipient of the Santa Ana Investing in the Arts grant. Kimberly is already creating Augmented Reality works. The SMART Walk special event for which we are seeking funding will take place on Saturday, June 25 from 11 am to 7pm, and will be open to families and people of all ages. The booths, activities and demonstrations will appeal to youth and adults and serve to inspire new career and creative possibilities for all participants. The SMART Walk will highlight South Main's notable creative legacy, which includes being the childhood home of actor Marlon Brando, the birthplace of the Righteous Brothers musical duo, the site of the influential Jon's Black Derby jazz, soul and blues venue, and the location of the legendary Rickenbacker musical instrument company, whose guitars and basses shaped the sound of groups such as The Beatles, The Bangles, The Who, The Byrds, Creedence Clearwater Revival, The Jam, Rush, Yes and even Mot6rhead. The SMART Walk will not only celebrate South Main's illustrious cultural past, it will also serve as a platform to envision and discuss South Main's future as a hub of digital arts, highlighting creative businesses on South Main, including the OC Musicians Union, Rickenbacker, Inc. and McLogan Silk Screen Supply Company. The SMART Walk aligns with the City's South Main Street Vision Plan, as well as with several of the City's Strategic Priorities (Modern Facilities and Infrastructure, Economic Diversification and Expansion) and Guiding Principles (Equity, Excellence and Innovation). Media Arts Santa Ana has a positive relationship with the South Main Neighborhood Alliance, and our outreach will include all six neighborhoods bordering the South Main corridor: • Pacific Park • Heninger Park • Wilshire Square • Madison Park • Delhi • Memorial Park We will also collaborate with schools in the area, such as Santa Ana High School and Cesar E. Chavez High School, and invite students and their parents to participate in the SMART Walk. We have also discussed the SMART Walk with and received encouragement from.Santa Ana City Council members, City staff, and South Main business leaders. The event organizers have more than 25 years' experience organizing successful community festivals and events including OC Film Fiesta, OC Dia del Nino Festival, City Heights International Village Celebration (San Diego) and the Adams Avenue Street Fair (San Diego). We also have successful experience producing virtual programming, including virtual iterations of the OC Dia del Nino Festival, OC Film Fiesta, Millennial Producers Academy (MILPA) and the VOICES Veterans Storytelling Project. We have also successfully completed several City -funded projects, including the OC Film Fiesta, Millennial Producers Academy and the Philip K. Dick Science Fiction Film Festival. MASA has collaborated with organizations and artists throughout Santa Ana and Orange County, conducting programming in five Orange County cities, as well as partnering on national programming with organizations in Los Angeles, San Diego, New York, Denver, San Antonio, San Francisco and New Orleans. Media Arts Santa Ana's programs are highly regarded for their excellence, and we have hosted community discussions with such acclaimed artists such as former Saturday Night Live Head Writer Andrew Steele, The Simpsons Producer Marc Wilmore, performance artist Kristina Wong, producer Dan Guerrero, and Chicanx acting legends Pepe Serna and Jesse Borrego. MASA's multicultural programming vision welcomes artists, films and presentations from the Latinx, Asian/Asian American, African/African American, MENASA, LGBTQ and immigrant communities. The SMART Walk (South Main Art, Retail & Technology) is designed to showcase South Main in relation to creative technology -based businesses, organizations, artists, career opportunities and training programs. The targeted audience is youth and adults, and the goal is to bridge Santa Ana's digital divide by connecting Santa Ana's residence with opportunities, networking, training and educational programs to prepare them for 21st Century, technology -based creative careers. Media Arts Santa Ana is seeking funding to create the first SMART Walk, with the hopes of developing it into an annual or more frequent event. Funding from the City of Santa Ana Special Event Sponsorship will allow us to fulfill a critical need in Santa Ana and to fully realize our vision for an extraordinary event on South Main, which will introduce Santa Ana residents to transformative and lifelong creative and professional opportunities and technology - based creative career pathways. Since this is a new event for which we are requesting support, we have not yet added it to our website. If you visit our website, however, you will find substantial evidence that Media Arts has the capacity to present this event. MASA has successfully presented numerous public festivals, such as the OC Film Fiesta (now.in its 13th year), OC Dia del Nino Festival and the Philip K. Dick Science Fiction Film Festival. We also have numerous years' experience providing classes and workshops focusing on digital media arts instruction and in utilizing Adobe Creative Cloud apes. Media Arts Santa Ana has also partnered with an extensive number of Santa Ana organizations, which we will invite to participate in this event, such as SAUSD, OC Musicians Union, Santa Ana Digital Media Center, Santa Ana College, Bowers Museum, Orange County School of the Arts, Arts Orange County and the Mexican Consulate, among others. The four months leading up to June 25 are sufficient time to organize, promote and present the SMART Walk. For this project, we will be engaging accomplished digital media artists to provide classes in creating Augmented Reality works, such as interactive computer art pioneer Lucia Grossberger Morales (aka Cyber Chica), who was one of the first women of color hired by Apple Computer. She was also the Coordinator of The Silicon Valley Festival of Electronic Arts and contributed an Augmented Reality piece to an exhibit at the Orange County Center for Contemporary Art in Santa Ana in 2020. Digital arts instruction, creation of artworks by artists and related public events leading up to the SMART Walk will take place at Media Arts Santa Ana's new center for media arts located at 17th and N Main in Santa Ana. While SMART Walk activities will primarily take place in Wards 4, 5 and 6, Media Arts Santa Ana's space is situated on the border between Wards 3 and 4, and we will also promote the SMART Walk, as well as events taking place at MASA's center for media arts to Ward 3 residents. Thus, this project will directly serve residents in four of Santa Ana's six Wards. The SMART Walk is first and foremost an arts related special event. It will feature booths with technology -based artists, technology demonstrations, and the creation of new virtual art works on South Main. While the event will also feature resource booths for organizations and educational/training programs that open up new career paths in technology -based arts for Santa Ana residents, the SMART Walk is NOT a career fair. Providing presentation opportunities, networking opportunities and pathways to careers in technology -based arts are central to MASA's mission, and the SMART Walk will open up a critical window to artistic and economic opportunities for Santa Ana's students and residents that they have not historically been provided access to. In addition to the $10,000 requested from the City, Media Arts Santa Ana will contribute $5,000 towards additional staffing, equipment, outreach, artist fees and permits to ensure the success of this event. Media Arts Santa Ana (MASA) is a community -based digital arts organization whose mission is to inspire and empower the next generation of digital visionaries through free and accessible youth media classes, workshops, screenings, workforce development, networking opportunities, cultural agility, access to technology and creating pathways to 21st Century jobs. Amount Requested 10000.0 Proposed Use of The funds will be utilized in the production, presentation, and Funds promotion of the SMART Walk special event. The SMART Walk event will take place on Sat., June 25. Two months prior to the event, five artists will be contracted to create Augmented Reality (AR) art installations at significant locations along South Main to create a SMART Corridor, which can be viewed by members of the public via smartphones and tablets. Funds will also support five workshops taking place between June 1-25 to instruct and assist the selected artists in creating Augmented Reality projects using the Adobe Aero app. Adobe Aero is part of Adobe Creative Cloud, which Media Arts Santa Ana has used extensively as part of its programs for many years. Artist Fees 2500 Workshops 1000 Advertising 700 Venue Rental 500 Equipment 1000 Printing 200 Entertainment 750 Volunteer Coordinator 500 Director 500 Supplies 550 Insurance 300 Fiscal Sponsor Fee 15% 1500 Amount Requested 10000 Note: Media Arts Santa Ana has currently secured funding to provide free classes focusing on digital media arts production, including Augmented Reality, which will take place in the two months leading up to the SMART Walk. If this project is not fully funded at the requested amount, as has been the case with most of the grants from this program, Media Arts Santa Ana will still be able to produce and complete a high quality and engaging special event as described. By submitting this 1 agree application, I have read and agree to be bound by the terms and conditions of the Sponsorship Policy found on the website: https://www.santa- ana.org/cd/arts- culture-offi ce/s pecial- event-sponsorship- policy