HomeMy WebLinkAboutAGUILERA, MARINA (9)N-2023-058-02
MAYOR
Valerie Amezcua
MAYOR PRO TEM
Jessie Lopez
COUNCILMEMBERS
Phil Bacerra
Johnathan Ryan Hernandez
David Penaloza
Thai Viet Phan
Benjamin Vazquez
INSURANCE NOT REQUIRED
WORK MAY PROCEED
CITY CLERK
DATE: JAN 2 3 2024
D. cOACd)
CITY OF SANTA ANA
COMMUNITY DEVELOPMENT AGENCY
20 Civic Center Plaza • P.O. Box 1988
Santa Ana, California 92702
wwwaanta-ana.oro
Marina Aguilera
75 Via Cuidado
Rancho Santa Margarita, CA 42688
January 2, 2024
INTERIM CITY MANAGER
Thomas R. Hatch
CITY ATTORNEY
Sonia R. Carvalho
CITY CLERK
Jennifer L. Hall
RE: Letter Agreement — Completion of Services for Agreement #N-2023-058
Dear Ms. Aguilera,
On August 10, 2022, the City entered into an Artist Grant Agreement No. N-2023-058 ("Grant
Agreement") with Marina Aguilera ("Grantee") to provide services for an arts project detailed in
said Grant Agreement. The Grant Agreement was accompanied by a letter dated August 30, 2022,
regarding compliance with the American Rescue Plan Act (#N-2023-058-01) for services rendered
by the Grant Agreement. Copies of the aforementioned documents are attached here.
The Grant Agreement terminated on August 10, 2023; however, Grantee continued to provide
services related to the Grant Agreement with the City's permission. City acknowledges that said
services are now completed and monies owed to the Grantee under the terms of the Grant
Agreement.
By operation of this Letter Agreement, City and Grantee understand and agree that compensation
in the amount of $6,000.00 shall be made payable to the Grantee. Compensation paid herein will
be considered rendered in full and no further amounts will be owed stemming from the Grant
Agreement.
[signature page to follow]
SANTA ANA CITY COUNCIL
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
CITY OF SANTA ANAA
Thi3mas R. Hatch
Interim City Manager
APPROVED AS TO FORM
cj"�ZA2IG
A drea Garci-a-11ifler
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
is iael Garcia
Executive Director,
Community Development Agency
ATTEST
GRANTEE
Mari a Aguilera
SANTA ANA CITY COUNCIL
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N-2023-058
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ARTS AND CULTURE ARTIST GRANT PROGRAM AGREEMENT BETWEEN
0 04(fMo'L)XS� G' THE CITY OF SANTA ANA AND MARINA AGUILERA
This Artist Grant Agreement ("Agreement") is made and entered this 10ih day of August, 2022, 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 Agutlera
("Grantee") for the 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 "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 end knowledgeable in the arts and culture arena and that the Project created or
performed hereunderwlll 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 shell 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 three disbursements, as detailed below, of an amount not to exceed Nine
Thousand Dollars ($9,000) ("Grant Amount" or "Grant").
2.2. Grantee will be paid in three (3) installments. First payment will be one-third of the funding
amount provided above or ($3,000) 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
payment will be the second one-third of the funding amount provided above or ($3,000) and will
be provided within thirty (30) days after the Grantee submits to the City all the proper receipts and
Invoices up to the mid -point of the Project. The third and final payment will include the remaining
amount of ($3,000) 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 or second disbursement detailed above, and to
be reimbursed the Initial paynnent(s), 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.,3�r nt Actiyjtg. Grantee agrees:
V. To perform the activities described In Grantee's GrantApplioation 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 ns If sot out In full
3.2. To submit all reports (each, a "Report"), which shall Include, at a minimum, tho Rams 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.
33. 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, cpmplisnce ar 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.
3.6. 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 dally basis. If applicable to the Project, Grantee shall place a drop cloth or
similar barrier on the ground balow the artwork while Installation Is urxferway, which barrier shall
be removed each day upon completion of an Installation session.
3.&. 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
3.3. If the Project Is a mural, it must be covered In an anti -graffiti coating at the Grantee's expense
3.9, Should the Project mural be defaced and/or not repaired, maintained, preserved and/or
conserved, the City has the option to repair, maintain, preserve, and/or conserve the Project
mural, or alternatively, the City has the sole authority to remove, alter, or destroy the Project
mural.
3,10. Grantee will have first right of refusal to restore said Project MUNI, If Grantee is unwilling to
perform or unable to be contacted within a reasonable time, the City has the right to request the
services needed from a different artist,
3,11, The City holds all rights to murals on city property, and as such the Project mural may be
removed at the solo discretion of the City or as otherwise agreed upon with Grantee.
4. Tarminak1on,
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 Timellne, 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,
6. Limitation of Liability.
6.1, 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 OT14ER ACT ARISING OUT OF OR RELATING TO THIS AGREEMENT
OR THE ACTIVITIES COVERED HEREUNDER,
6.2. Section 6 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, lndotnniPicatlon.
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 Iimitation 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. Orontes shall have no duty to Indemnify or hold harmless the City If claims, damages,
liability, costs, expenses (including without limitation, attorney's fees) arlse 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 "clahns"), 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 hold 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, lasr ' ce
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:
1. Commercial General Liability (COL): Insurance Services Office Form CG 00 01
covering CGL on an "ocourrence" basis, Including products and completed
operations, praport damage, bodily Injury and personal & advertising Injury with
limits no less than R000,000 per occurrence. If a general aggregate limit applies,
either the general aggregatekimit shall apply separately to this project/location (ISO
CG 26 03 or 25 04) or the generalaggregate 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
pmvidos written veril7caftort It has no enlployeos)
3. 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.
b. 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 COL 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 1186 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
4
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 subrogation which any Insurer of said Grantee may acquire against the
City by virtue of the payment of any loss tinder such Insurance. Grantee
agrees to obtain any endorsement that may be necessary to affect this'
waiverof subrogation, but this provision applies regardless of whether or not
the City has received a walver of subrogatlon endorsement from the insurer,
6. $off•Insured Retentions: Self -Insured retentions must be declared to and
approved by the City, The City may require the Grantee to purchase
coverage with a lower retention or provide proof of ability to pay losses and
related Investigations, claim administration, and defense expenses within
the retention. The policy language shall provide, or be endorsed to provide,
that the self -Insured retention may be satisfied by either the named insured
or City.
6. Acceptability of Insurers: Insurance is to be placed with insurers
authorized to conduct business in the state with a current A.M. Best's rating
of no less than ANII, unless otherwise acceptable to the City.
7. Claims Made Policies: If any of the required policies provide coverage on a
olalms-made basis:
I. The Retroactive pate must be shown and must be before the date of the
contract or the beginning of contract work.
II. Insurance must be maintained and evidence of insurance must be provided
for at least five (6) years after completion of the contract of work.
ill. If coverage Is canceled or non-renowod, and not replaced with another
claims -made policyform with a Retroactive Date prior to the contract
effective date, the Grantee must purchase "extended reporting" coverage
for a minimum of five (5) years after completion of contract work,
8. t Mi1catton of Coverage, Grantee shall furnish the City with original
Certificates of insurance Including all required amendatory endorsements
(or copies of the applicable policy language effecting coverage requiredby
this clause) and a copy of the Declarations and Endorsement Page of the
CGL policy listing all policy endorsements to City before work begins,
However, failure to obtain the required documents prior to the work
beginning shall not waive the Grantee's obligation to provide them.The City
reserves the right to require complete, certified copies of all required
Insurance policies, Including endorsements required by these specifications,
at any time.
9. Subcontractors; Grantee shall require and verify that all subcontractors
maintain insurance meeting all the requirements stated herein, and
Contractor shall ensure that City is an additional insured on Insurance
required from subcontractors.
10.8pecial Risks or Circumstances: City reserves the right to modify these
requirements, Including limits, based on the nature of therisk, prior experience,
Insurer, coverage, or other special alroumstances.
& C3oneral Proyjaiona.
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 hold to be Invalid or unenforceable, the remaining parts of
the Agreement shall continue to be valid end enforceable,
8,3. Grantee shall comply with all governmental requirements that may now or In the future
become applicable to tine 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 Pathos.
8,& 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 exorcise 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 8me thereafter to require exact and strict compliance with provisions of this
Agreement.
U. 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 duty given: (1) five
(6) business days after the date of mailing if sont by registered or certified U.S, mail, postage
prepaid, with return receipt requested; (11) when transmitted if sent by facsimile, provided a
confirmation of transmission is produced by the sending machine; or (111) 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: Marine Agullere
76 Via Culdado
Rancho Santa Margarita, CA 92888
City: City of Santa Ana
Clerk of the Council (M-3D)
20 Clvio Center Plaza
P.O. Sox 1988
Santa Ana, CA 92702
PAX (714) 84M960
8,T 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.
8.8. Grantee agrees to comply with all applicable equal opportunity and affirmative action laws as
appropriate, Grantee shall not diserirmlnota 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 a(Irms that it is an equal opportunity employer (If
applicable) and shall comply with all applicable federal, state and local laws and regulations.
U. Any funds provided under this Agreement that are not expended, obiigated or otherwise
committed by the termination or expiration of this Agreement shall be immediately returned to
city.
VD, 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 Projeot 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. Nelthor Party shall assign any rights or obligations tinder 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.
M15. 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,
BAO. 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)
N-2023-058
IN WITNESS WHEREOF. the Parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
CITY OF SANTA ANA
JENN!FJEW U ALL KRISTI�NEERIDDG
of the Ccluncil City Manager
APPROVED AS TO FORM. GRANTEE
SONIA R. CARVALHO
City Attomey
By: Andrea Garcia -Miller Na e: MARINA A LERA
Assistant City Attomey TH a ARTIST
RECOMMENDED FOR APPROVAL
�;(41
MICHAEL L. GARCIA
Executive Director
Community Development Agency
mim-IflO
INVESTING IN THE ART$ GRANT PROGRAM
APPLICATION
10
Project Timeline
**Input your information directly onto this form and upload onto 5ubmittable.com,
DATE
ACTION_
OUTCOME
Jul/Aug
Working on designs
In the works
2022
Aug -Dec
Design Is established. ordering
in the works
2022
materials/suppiles. Mosaic Tile Process begins
Dec
Mosaic Tile Art Relief process Is continued
In the works
2022/Jan
2023
Jan/Feb
Mosaic Tile Art Relief near completion
Artwork near completion
2023
Feb 2023
Mosaic Tile Art Relief completed
Mosaic Tile Art Relief completed
Installation of Tile relief unto Garden
March/
Tile Install begins
April 2023
_
Building
March/
Unveiling
TBA_
April 2023
Line Item
your Information directly onto this form (2 pages) and upload onto
PERSONNEL
MOSAIC ART TILE RELIEF
Total Compensation
Grant .�.
Funds
Requested
Mosaic Tile Artist Fee
4,940
4,940
EQUIPMENT, MATERIALS, AND SUPPLIES
Item
(equipment, materials, supplies)
T
Total
Cost
»» Grant
Funds
Requested
Materials and Supplies
1,200
1,200
ADDITIONAL EXPENSES
Description �» _
(permits, fees, facility rental for project)
Natal Cost
Grant Funds
Requested
Digital work
The Installers
—'—Masate
350
950
350
950
Artist Assistant —
� 1,000�
1,000
Llahllity Insurance
560
560
Line item Budget - Page 2
Enter budget categories and projected expenditures for the roposed pro ram:
Expenditures
I x
Expenditures
Category
Funded By
Funded By Other
Total project
FlnT'(d
Santa Ana Grant
Sources
urces
Sources
Budget
Budget
T
(IncludingIn-kind)
Personnel Total
4,940
4,940
Digital Wod( for mock ups/ etc.
350
v
350
Supplies / Materials Total
1200
11200
Additional Expense Total
Mosaic Artist Assistant
1,000
1,000
Tile Installers
950
560
950
Liability Insurance
560
9,000
9,000
TOTAL
- - - --------
PROJECTREVENUE
LIST ALL OTHER PROJECT RESOURCES
"Funding Source" total must equal "Total Prolect Budget" listed above.
FUNDINGSOURCE T
AMOUNT
Santa Ana Artist Grant
9,000
TOTAL PROGRAM BUDGET
9,000
Victoria, Arnet
From: CTrax <certificate-request@ctrax.jdidata.com>
Sent: Wednesday, September 28, 2022 3:41 PM
To: tiffanie@cvuadvisors.com, AGUILERAARTS@GMAIL COM, Arts and Culture, Cramer,
Gabriela; marinaaguilera75@gmail.com
Subject: Internal Notice of Compliance
NOTICE OF COMPLIANCE
CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL
Contractor Marina Aguilera
Name:
Project TBD (43)
Number:
Project Arts And Culture Artist Grant Program Agreement Between The City Of
Name: Santa Ana And Marina Aguilera
The Certificate of Insurance (COI) submitted indicates that the coverages are in compliance with the
insurance requirements. No further action is required at this time.
The compliant coverage(s) are:
TYPE OF INSURANCE
GENERAL LIABILITY
WORKERS COMPENSATION AND EMPLOYERSLIABILITY
Thank you,
City of Santa Ana
Risk Management Division
In partnership with
CTrax Plus Services Team
9/28/2022 6 40 PM
POLICY NUMBER EXPIRATION DATE C01 DATE
PLE738522AAA009798 07/21/2023 09/27/2022
WAIVER 07/19/2023 09/20/2022
FILE NAME
Certificate_PLE 738S22
AAA009798 ill.pdf
Worker's Comp
Declaration Marina
Aguilera.pdf
(3". C'10ACTrA L-c)C3/-k)ra-
MAYOR
ip
wcenle Sarmlento
MAYOR PRO TEM
N
Phil Bacama
N
COUNCILMEMBERS
Johnalhan Ryan Hernandez
Q
Jessie Lopez
Nelida Mendoza
DaNd Penaloza
Thal VAel Phan
CITY OF SANTA ANA
COMMUNITY DEVELOPMENT AGENCY
20 Civic Center Plaza . P.O. Box 1988
' 6•20Z1J Santa Are, Calllorna 92702
Santa-ana.orn
August 30, 2022
Marina Aguilera
75 Via Cuidado
Rancho Santa Margarita, CA 9268R
Re: American Rescue Plan Act Compliance
Dear Artist:
N-2023-OS8-01
CITY MANAGER
Kristine Ridge
CITY ATTORNEY
Sorge R Carvalho
CLERK OF THE COUNCIL
The City of Santa Ana I• -City-) entered into Arts and Culture Artist Grant Program .Agreement dated August
10, 2022 ("Agreement"), with Marina Aguilera ("Grantee") for its art project ("Program'). Pursuant to
section 2, Funding, of said Agreement, the City shall provide funding to Grantee in an amount not to exceed
S9,000 for the Program. Please he advised that the City will he using funds made available to it by the
American Rescue Plan Act of 2021 ("ARPA-) to pay this amount, and that Grantee will be responsible for
abiding by the rules and regulations associated with said funding.
ARPA was signed into law in March 2021. ARPA authorizes the United States Department of Treasury
(-'Treasury") to provide funding Fora number of different programs. including the Coronavirus State Fiscal
Recovery Fund and the Coronavirus Local Fiscal Recovery Fund, together known as the Coronavirus State
and Local Fiscal Recovery Funds rCSLFRF" ), to provide monetary support to local governments to
respond to, mitigate, and recover from the COVID-19 public health emergency. The City has determined
that this Agreement is a permissible use of CSLFRF funds.
As applicable, Grantee shall comply with all federal requirements including, but not limited to, the
following:
a. Sections 602 and 603 of the Social Security Act as added by Section 9901 or ARPA:
b. Treasury Final Rule for .ARPA, available at https:� www.govinfo.gov content . pkg FR-
2022-0I-27 pdf2022-00292.pdf:
C. Treasury Compliance and Reporting Guidance for ARPA, available al
hops:.- home.treasury.gov system files. 136 SLFRF-Compliance-and-Reponing-
Guidance.pdf-,
d. 2 C.F.R. Pan 200 - Unifunn .Administrative Requirements, Cost Principles- and Audit
Requirements for Federal Awards, other than such provisions as the Treasury may
determine are inapplicable to the CSLFRF program and subject to such exceptions as may
be otherwise provided by the Treasury: and
SANTA ANA CITY COUNCIL
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e. Treasury Coronavinis Local Fiscal Recovery Fund Award Terns and Conditions, available
at littpsJ/home.treasury.gov/systemlfilW I36/NEU_Award_Terms_t uid_Conditions.pd f.
All other terns and conditions of said Agreement remain unchanged and in full force and effect.
Please sign below and return to the City to acknowledge Grantee's understanding of the City's use of
CSLFRF funds to pay for the Program pursuant to the Agreement, and to confirm that Grantee will comply
with all requirements and regulations associated with said funds.
If you have any questions, please contact Tram Le, Arts and Culture Specialist with the Community
Development Agency at 714.647.5355.
Sincerely,
Q
Michael L. Garcia
Executive Director
Community Development Agency
CITY 4 N
Kristine Ridge
City Manager
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
Andrea Garcia -Miller
Assistant City Attorney
GRANTEE
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ATTEST:
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1
SANTA ANA CITY COUNCIL
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