HomeMy WebLinkAboutQUILLARES JR., EDDIE dba DTSA FEEL GOOD EVENTS,6URANCE NOT ON FILE
•,VORK MAY NOT PROCEED N-2022-340
CLERK OF COUNCIL
DATE:
0• Cps Co, ARTS AND CULTURE ARTIST GRANT PROGRAM AGREEMENT BETWEEN
(TVolrvl6 r� i THE CITY OF SANTA ANA AND EDDIE QUILLARES JR. DBA DTSA FEEL GOOD EVENTS
This Artist Grant Agreement ("Agreement") is made and entered this 2nd day of August, 2022, by
N and between the City of Santa Ana, a charter City and municipal corporation organized and
o existing under the Constitution and laws of the State of California ("City"), and Eddie Quillares Jr.
a) dba DTSA Feel Good Events, a California nonprofit public benefit corporation ("Grantee") for the
o purpose of providing grant funding pursuant to the Investing in the Artist Grant Program. City and
' Grantee may herein individually be referred to as a "Party' and collectively be referred to as the
o
z Parties" to the Agreement.
RECITALS:
A. On June 17, 2022, the Arts and Culture Commission reviewed all applicants and
recommended that Grantee be awarded an artist grant based on its Application for its art
project ("Project"). A true and correct copy of Grantee's Application is attached hereto as
Exhibit A and incorporated herein by reference.
B. In undertaking the performance pursuant to this Agreement, Grantee represents that it is
skilled and knowledgeable in the arts and culture arena and that the Project created or
performed hereunderwill be created or performed in compliance with such standards as may
reasonably be expected from an artist.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the Parties agree as follows:
1. Term. This Agreement shall be effective upon signature by both Parties and shall expire one
year from the date first written above, unless terminated earlier in accordance with this
Agreement.
2. Fundinfl.
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 Nineteen
Thousand, Five Hundred Seven Dollars ($19,507) ("Grant Amount" or "Grant").
2.2. Grantee will be paid in two (2) installments. First payment will be one-half of the funding
amount provided above or ($9,753.50) and will be provided within thirty (30) days of the full
execution of the Agreement by the Parties along with a complete invoice submitted by Grantee.
The second and final payment will include the remaining amount of ($9,753.50) 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.
2.3. 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 Grantee's Grant Application and Timeline submitted to
City for consideration dated May 9, 2022, 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. To 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 Grantee
arising out of this Agreement.
3.4. To 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. To 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. If applicable to the Project, 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. It is the
sole responsibility of the Grantee to obtain any and all applicable copyrights or trademarks
associated with the artwork for the Project.
3.8. To be responsible for the maintenance of the Project, which Includes but is not limited to,
graffiti removal, touch-up, and restoration, for the duration of the Project's existence.
3.9. If the artwork is a mural, it must be covered in an anti -graffiti coating at the Grantee's expense.
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 Liabilltv.
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 goad 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. Insurance
7.1 Prior to undertaking performance of work under this Agreement, Grantee shall maintain and
shall require Its subcontractors, If any, to obtain and maintain insurance as described below:
a. Coverage shall be at least as broad as:
Commercial General Liability (CGL): Insurance Services Office Form CG 00 01
covering CGL on an "occurrence" basis, including products and completed
operations, property damage, bodily injury and personal & advertising injury with
limits no less than $1,000,000 per occurrence. If a general aggregate limit applies,
either the general aggregatelimit shall apply separately to this project/location (ISO
CG 25 03 or 25 04) or the general aggregate limit shall be twice the required
occurrence limit.
2. Workers' Compensation: insurance as required by the State of California, with
Statutory Limits, and Employer's Liability Insurance with limit of no less than
$1,000,000 per accident for bodily injury or disease. (Not required if Grantee
provides written verification it has no employees)
Broader Coverage: if Grantee maintains broader coverage and/or higher limits
than the minimums shown above, the City requires and shall be entitled to the
broader coverage and/or the higher limits maintained by the Grantee. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
Other Insurance Provisions: the insurance policies are to contain, or be endorsed to
contain, the following provisions:
Additional Insured Status: The City, its officers, officials, employees, and
volunteers are to be covered as additional insureds on the CGL policy with respect
to liability arising out of work or operations performed by or on behalf of the Grantee
including materials, parts, or equipment furnished in connectionwith such work or
operations. General liability coverage can be provided in the form of an
endorsement to the Grantee's insurance (at least as broad as ISO Form CG 2010
1185 or bothCG 2010, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if
later revisions used).
2. Primary Coverage: For any claims related to this contract, the Grantee's
insurance coverage shall be primary insurance primary coverage at least as broad
as ISO CG 20 01 0413 as respects the City, its officers, officials, employees, and
volunteers. Any insurance or self-insurance maintained by the City, its officers,
officials, employees, or volunteers shall be excess of the Grantee's insuranceand
shall not contribute with it.
3. Notice of Cancellation: Each insurance policy required above shall state that
coverage shall not be canceled, except withnotice to the City.
4. Waiver of Subrogation: Grantee hereby grants to City a waiver of any right to
subrogatlon which any insurer of said Grantee may acquire against the City by
virtue of the payment of any loss under such insurance. Grantee agrees to obtain
rd
8.1. Grantee shall acquire prior written permission from City for any use of the City name or logo
in association with the Project.
8.2. 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.
8.3. Grantee shall comply with all governmental requirements that may now or in the future
become applicable to the activities under this Agreement.
8.4. 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.
8.5. 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.
8.6. Any notice or other communication required or permitted to be made or given by either Party
pursuant to this Agreement will be in writing and will be deemed to have been duly given: (1) five
(5) business days after the date of mailing if sent by registered or certified U.S. mail, postage
prepaid, with return receipt requested; (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: Eddie Quillares Jr. dba DTSA Feel Good Events
415 N. Broadway
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
8.7. This Agreement is subject to all applicable local, State and Federal laws. This Agreement
has been executed and delivered in the State of Cafifornia 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.
8.8. 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.
8.9. 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.
8.10. 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.
8.11. 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.
8.12. Neither Party shall assign any rights or obligations under this Agreement.
8.13. 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.
8.14. 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.
8.15. 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.
8.16. 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}
7
N-2022-340
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
DAISY GOMEZ
clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
- 1241t,
By: RYO O HODGE
Assistan City Attorney
RECOMMENDED FOR APPROVAL:
Michael L. Garcia
Executive Director
Community Development Agency
CITY OF SANTA ANA
KRISTINE RIDGE
City Manager
GRANTEE:
r-
Name: ED QUILLARES JR.
Organization: DTSA Feel Good Events
Title: Chief Executive Officer
EXHIBIT A
INVESTING IN THE ARTS GRANT PROGRAM
APPLICATION
EXPENSES
DOCUMENTATION
Fire Department Permit
Health Permit
Parking Meters
City Permit
Traffic Control Plan
DOCUMENTATION TOTALS
2022 Tamal Fest Budget
ENTITY
Fire Department
Health Department
City of Santa Ana
City of Santa Ana
Citv of Santa Ana
Number AMOUNT
1
$
50.00
1
$
150.00
1
$
247.00
1
$
408.00
1
$
600.00
$
1,455.00
Security Guards
7
$
1,800.00
Police Officers
4
$
3,064.00
Set-up/Clean-up Staff
Romo Enterprises
6
$
1,200.00
Decor/Electrical Set-up Staff
Beatmix International
6
$
1,200.00
PERSONNELTOTALS
$
7,264.00
Stage/Trussing
Kilson Street
1
$
400.00
Sound
Kilson Street
1
$
200.00
Stage Banners
Thermal ID
3
$
150.00
Decor
1
$
100.00
MAIN STAGE TOTALS
$
850.00
ENTERTAINMENT
Emcee
1
$
100.00
DJ Allie Rock
1
$
300.00
DJ Grec C
1
$
300.00
Mariachi Espectacular
1
$
500.00
Betty's Mustache
1
$
500.00
Banda Joyas de Sinaloa
1
$
1,000.00
Selenamos
1
$
1,500.00
ENTERTAINMENT TOTALS
$
4,200.00
(VENT DECOR
Christmas Lights
1
$
1,000.00
Christmas Lights Set-up Beatmix International
1
$
1,000.00
Selfie Spot SoCa1360 Booth
1
$
300.00
Selfie Spot Backdrop/Decor
1
$
300.00
Entrance Baloons
1
$
300.00
EVENT DECOR TOTALS
$
2,900.00
MARKETING
Social Media
Thermal ID
1
$
1,000.00
Walking Banners
Thermal ID
2
$
600.00
FaceBook Ads
FaceBook
3
$
500.00
Videographer/Photographer
PhotosByRobert 714
1
$
675.00
Posters
MARKETING TOTALS
PRODUCTION
Barricades
Booths/Tables/Chairs
Cocktail Tables
Portable Restrooms
ADA Portable Restroom
Wash Station
ATM Machines
Dumpster/Trash Boxes/Liners
Walkie Talkie Rentals
Generators
Spider Boxes/Cables
Flood Lights
PRODUCTION TOTALS
Thermal ID
Thermal ID
$ 250.00
$ 120.00
$ 3,145.00
2
$
400.00
14
$
1,200.00
120
$
1,080.00
6
$
600.00
1
$
145.00
2
$
160.00
8
$
40.00
$
500.00
10
$
110.00
Beatmix International 3
$
900.00
Beatmix International
$
1,200.00
Beatmix International 3
$
900.00
$ 7,235.00
GRAND TOTALS $ 27,049.00
pow
REVIVE
�)Aiv s A ANA
INVESTING IN THE ARTIST GRANT OPPORTUNITY
Event Schedule
The event timeline is required and must be submitted no later than August 31 2022 An event timeline is
defined as a date or timeframe of when a project will be displayed or a public workshop will be held
DATE
TIME
EVENT NAME
LOCATION
(COMPLETE ADDRESS)
12I1x'l-zv
4-loppa,
Tk-t4 A�..&-'(a&.. rest
(�•i� S}. w rrz� Pam, l�
1, (W6&1 1( . understand that notification of any modification made to the
event schedule must be submitted in writing no less than 10 days prior to the event date.
Notice shall be sent by mail or email to the address as set forth below:
Community Development Agency
Investing in the Artist Grant
20 Civic Center Plaza
Santa Ana, CA 92701
Artsandculture(a)santa-ana.org
Jv
Name & Signature \ // Date