HomeMy WebLinkAbout25A - AGMTS - ARTS AND CULTURE GRANTSREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
AUGUST 4, 2015
TITLE:
ARTS AND CULTURE ARTIST GRANT
PROGRAM FISCAL YEAR 2015 -2016
(STRATEGIC PLAN NO. 5, 513)
YJ_ C 9G�os
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1" Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Approve the Arts and Culture recommendations for fiscal year 2015 -2016 Investing in the
Artist Grant Opportunity in the amount of $80,000;
2. Approve staffs recommendation for fiscal year 2015 -2016 Investing in the Artist Grant
Opportunity to add one additional project in the amount of $5,000;
3. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the
Council to execute agreements with artists and art organizations awarded funds as part of
the approved program, subject to non- substantive changes approved by the City Manager
and City Attorney.
ARTS AND CULTURE COMMISSION
At Its regular meeting on July 16, 2015, the Arts and Culture Commission (ACC) directed staff to
transmit funding recommendations for the Investing in the Artist Grant Opportunity for fiscal year
2015 -2016 to the City Council by a vote of 5:0 (Cribb abstained, Rubio absent) for the Orange
County Center for Contemporary Art, 5:0 (McGee abstained, Rubio absent) for Downtown
Incorporated, and 6:0 (Rubio absent) for all other recommendations.
The ACC reviewed and rated a total of 48 completed applications. Artist applications were
evaluated on the following criteria: (1) Project Merit- 40 %; (2) Artist Portfolio- 30 %; Potential
Community Impact- 20 %; Individual Need- 10 %. Art organization applications were evaluated on
the following criteria: (1) Project Merit- 50 %; (2) Organization Need- 25 %; (3) Potential
Community Impact- 25 %.
The rating results for both Individual artists and art organizations have been combined and are
summarized below.
25A -1
Arts and Culture Artist Grant Program
August 4, 2015
Page 2
Applicant Score Project Requested
Funding Date
Downtown Inc. 70,g Hire live local artists to help increase $10,000
$10,000 08/0312016
free Artwalk activities
Host a mobile series of free art,
ceramic & craft workshops for
Nancy Alcala
70.7
children and adults in
$5,000
$5,000
08/03/2016
underprivileged neighborhoods
throw hout the city
Free arts & crafts for children and
Maria Rayne*
673
adults at Artwalk for a period of two
$5,000
$5,000
08/03/2017
ears
Albert Lopez, Jr.
67.4
Free solo exhibit of a series of oil
paintings at location in Santa Ana
$5,000
$5,000
08/03!2016
Santa Ana Strings Program: Provide
Pacific Symphony
67.1
music training to Santa Ana children
$10,000
$10,000
08/03/2016
at the Boys & Girls Club
Free series of live painting
Joseph Hawa ""
66.6
demonstrations at ArtBrunch. Free
$10,000
$5,000
08/0312016
collective exhibit at ArtWalk.
Free playwriting & theatre - making
Sarah Guerrero
66.1
workshops for children and adults
$5,000
$5,000
08/03/2016
throughout the city.
Orange County
Host three music related film
Children's
6S.7
viewings for children and adults at
$10,000
$10,000
08/03/2016
Therapeutic Arts
Frida Cinema
Center
Mural in Downtown Santa Ana
located between N. Main St. & N.
Alicia Rojas
64.7
Bush St. behind 4th St. created
$10,000
$10,000
08/03/2016
through a community survey process
to form the foundation of the mural
concept
Orange County
Free solo exhibit of artist George
Center for
64.2
Herms & jazz musical performance
$5,000
$5,000
08/03/2016
Contemporary Art
at OCCA
Host a series of free art workshops
Carlos Kalim
Carlos
61.7
and exhibitions for children and
$10,000
$10,000
08/03/2016
Q in
adults at a location in Santa Ana.
TOTAL: $80,000
'Applicant requested $5,000 to complete a one -year project; however, the budget worksheet submitted only indicates
a need for $2407. Staff recommended applicant continue the project for one additional year. ACC approved the
recommendation. "Applicant requested $10,000 to complete the project; however, the budget worksheet submitted
only indicates a need for $6,000. Staff recommended grant amount be reduced to $5,000. ACC approved the
recommendation.
25A -2
Arts and Culture Artist Grant Program
August 4, 2015
Page 3
DISCUSSION
The Investing in the Artist Grant Opportunity is an effort to aid emerging and established artists
and art organizations in Santa Ana to further their artistic creativity while residing and /or working
In Santa Ana's vibrant local art scene. The goal of the grant is to distribute small but impactful
funds to artist and art organizations in Santa Ana. A total of $85,000 is available to be awarded to
selected artists and art organizations. Awardees will receive grants in the amounts of either
$5,000 or $10, 000. Grant funding for artists may be applied towards artist project (including time,
travel and research), equipment and supplies. Grant funding for art organizations may be applied
towards special events, special projects, equipment and supplies.
At Its regular meeting on April 21, 2015, City Council authorized staff to release the Investing in
the Artist Grant Opportunity application to solicit project proposals to emerging and established
artists and arts organizations. The application was released on April 23, 2015 and available until
May 26, 2015. Submissions were accepted online via submittable.com, by mail, or hand delivery.
Outreach included a Nixie press release, as well as contact with community partners. The
application was posted on the City s website and a direct e-mail announcing the grant opportunity
was sent to artists and art organizations who had expressed interest in receiving such notices.
Staff also presented an informational workshop which was attended by 25 individuals.
Grantees will be required to submit an interim and final report on outcomes achieved. The first
payment will be disbursed at the commencement of the grant period and the second payment will
be disbursed after completion of an interim report. Interim and final reports will require
documentation for expenses paid, such as receipts, to support grant expenditures. If receipts are
not available for certain expenses, a certification from the awardee certifying the expense may be
accepted on a case by case basis. Grantees will also be required to submit a worksheet detailing
the date, time, and location of the workshop /event. Staff will provide the details of the
workshops /events to City Council as they become available.
Staff recommends approval of the ACC recommendations in the amount of $80,000. After
reviewing the ACC recommended funding amount, staff identified an available balance of $5,000.
As a result, staff also recommends including one additional project that was rated next highest on
the ranking list (exhibit 1) in the amount of $5,000 for a total $85,000,
The rating results for the project are summarized below,
25A -3
Arts and Culture Artist Grant Program
August 4, 2015
Page 4
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #5 Community Health, Livability,
Engagement & Sustainability, Objective #5 (Promote a strong arts and culture infrastructure),
Strategy B (Generate public and private support and resources to strengthen, expand and
stabilize finding for the arts).
FISCAL IMPACT
Funds in the amount of $85,000 are available in the FY 2015 -2016 Community Development
Agengcy Strategic Plan Projects Loans and Grants account (no. 05218018 - 69152).
APPROVED TO FUNDS AND ACCOUNTS:
-- " V
Kelly Reen rs Francisco Gutierrez SAC
Executive irector Executive Director
Community Development Agency Finance and Management Services Agency
KR/SB
Exhibits: 1. Ranking List
2. Project Descriptions
3. Draft Agreement
25A -4
Arts & Culture Commission
Artist Grant Recommendations
Artist Grant 2015.2016
Rank
Score
Applicant
Project
Funding
Re nested
Recommended
Funding
1
70.8
Downtown Inc
Local Entertainment for Art Walk
$10,000
$ 10,000
2
70.8
Nancy Alcala
Home & Mobile Studio that offers free
workshops
$5,000
$ 5,000
3
67.7
Maria Reyna
Free art and crafts at Art walk
$5,000
$ 5,000
4
67.4
Albert Lopez, Jr
"Popsicle's" Series of oil painting
$10,000
$ 10,000
5
67.1
Pacific Symphony
Support for Santa Ana Strings program
$10,000
$ 10,000
6
66.6
Joseph Hawa
Live painting demonstrations in downtown
on Sundays
$10,000
$ 5,000
7
1 66.1 1
Sara Guerrero
Free playwriting & theatre- making
workshops
$5,000
$ 5,000
8
65.7
Orange County Children's
Therapeutic Arts Center
Host a series of music realted films at Frida
Theater
$10,000
$ 10,000
10
64.7
Santa Ana Community Artist(a)
Coalition
Mural in downtown
$10,000
$ 10,000
11
64.2
Orange County Center for
Contemporary Art
Solo exhibition of George Harms
$5,000
$ 5,000
12
61.7
ICados Kalim Quevedo
Series of workshops
$10,000
$ 10,000
13
W
61.4
65.1
The Wooden Floor
Roper Eyes R. Sculpture
Dance Free Weeks program
Sculpture in downtown
$5,000
$5,000
$ 5,000
0
14
60.2
Matthew B Southgate
Mural in downtown
$5,000
0
15
60.0
Give Art with Your Heart
Workshops at OCEAA
$10,0001
0
16
59.9
Relam a o del Cielo, Inc.
40th anniversary celebration concert
$10,000
0
17
59.6
Mancela Pena
Murals at the Lorin Griset Academy
$10,000
0
18
59.3
Emi dio "Hi " Vaz uez
Mural Restoration
$10,000
0
19
59.3
Orange County Children's
Thera utic Art Center
Establish "Discovering Santa Ana Gifted
Youth Artists"
$10,000
20
59.3
Delhi Center
Support Mariachi School
$5,000
0
21
57.6
Joseph Linnert
Beautify Santa Ana with plants
$5,000
0
22
1 57.6
lSoIArI Media Production
Write and produce documenta
$10,000
0
23
1 57.6
Tweena's Tumes Music Studio
Create more perforamce oppo�for
students
$10,000
0
*Based upon the project location proposed by the applicant, the project was deemed non - feasibl and
removed from the ranking*
* *Applicants with 0 in the recommended funding column are not recommended for funding **
1AXI 6
Rank
Score
Applicant
Project
Funding
Re uested
Recommended
Funding
24
56.7
Jul! Leo o Photographer
Encourage and Empower domestic violence
victims through a photographic medium
$10,000
0
25
55.7
Arts Oren a County
Free communtly dance workshop and
erformace
$10,000
0
26
1 55.1
1 Manuel Cortez
Open an Art Center
$10,000
0
28
54.0
Faces Santa Ana
Underprivliged youth to create a unique
portrait
$10,000
0
29
52.9
Abram Mo a Jr.
Curate and art exhibition
$5,000
0
30
52.9
Carlos Calle'o
Youth Art Education
$10,000
0
31
52.9
Arts & Learninq Conservatory
Develop the artistic avilities of 75 students
$10,000
0
32
51.4
Relam a o de Cielo, Inc.
Support annual student dance concert
$10,000
0
33
51.0
Jennifer Delson
Coach 25 students to improve writing skills
$10,000
0
34
50.0
Orange County Children's
Thera utic Art Center
Produce event "International Day of the
Child"
$10,000
0
35
49.1
Embark Dance Theatre
4 new works of dance from Embark Dance
$5,000
0
36
48.7
Marina C. A uilera
Permeanent public art collection
$10,000
0
37
48.7
Firouzeh Karamlou Sculpture
Creat new metal sculptures
$10,000
0
38
47.0
Annabelle Pritchard
Portaits and biographies of Santa Ana's
unique and talented individuals
$5,000
0
39
46.9
Xavier Robles Armes
Conversation, workshops, lectures and film
screening of the Santa Ana Riverbed
$5,000
0
41
44.9
Pierre Es ino = Everyoneexist
Create a prefiessional camera media kit
$10,000
0
42
41.9
Carlos Rodriguez Aguilar
Mural in Bishop Manor
$10,000
0
43
39.7
Jeffrey Frisch
Create artist's website
$5,000
0
44
38.4
Shelli Merrill Literary
'The Mission Walk" memoir on walking the
California mission Vail
$5,000
0
45
37.6
Shell Merrill Film
Documentary on winners of the artist grant
$10,000
0
46
37.0
Kristi Melton
Dance workshops for children with special
needs, adults with mental Illnesses and older
adults.
$10,000
0
47
35.7
Skieth Dewine
Preservation of Bees
$10,000
0
48
35.0
Charitable Ventures of Orange
County
Gardening to improve the community
$10,000
0
"Applicants with 0 in the recommended funding column are not recommended for funding.
25A -6
Name of Applicant: Amount Requested: Category: Score:
Downtown Inc. $10,000 Organization 70.8
Brief Description of Project:
Artwalk has been the monthly heartbeat of the Santa Ana art scene since 1999. Since late last year,
Downtown Inc. has been meeting with stakeholders to understand how to make Artwalk more open,
collaborative and more effective for its goal of showcasing local talent as well as providing a venue for
arts and culture as the cultural center of the County.
Community Benefit:
Artwalk provides a platform for artists of all levels to interact with each other and an ecstatic, willing
local audience. Much of the local arts economy relies on Artwalk as a night of sharing and building
audiences. Artwalk directly impacts artists as businesses hire promoters and musicians and galleries
and unconventional spaces showcase art for sale. Many emerging artists have received high - paying
commissions through their exposure at Artwalk and Local artisans' crafts and prints are sold on the
2nd Street Promenade as a micro - enterprise for many Santaneros and OC creatives. Despite the
critical part Artwalk plays in developing and showcasing our arts downtown, an injection of funds
would help it expand to the next level by hiring more artists, providing more spaces for art and
enticing the community to enjoy their biggest, free monthly event.
Portfolio:
Organizations not required to submit a portfolio.
Name of Applicant: Amount Requested
Nancy Alcala $5,000
Brief Description of Project:
Category: Score:
Artist 70.7
Over the past year, what began as a "side job" developed into an a project that I would like to expand
into a home and mobile studio that offers free once a month workshops to underprivileged
communities as a way to enrich Santa Ana's art and culture. This grant offers the opportunity to
expand my project into a sustainable business where I can provide studio services at the
convenience of the customer while using a portion to give back to the community.
Community Benefit:
I would like to focus on disadvantaged neighborhoods because exposure to the arts enriches the
quality of life for people across socio- economic levels. Research shows that children from low- income
families are less likely to be steadily involved in arts activities or education than children from high -
income families. Santa Ana has a large distribution of low- income families represented by a poverty
rate of 21.5 %. There is a correlation between low- income and lack of arts education in Santa Ana's
neighborhoods. As I've taught the last year I see children and adults, specifically in low- income
communities, having their first artistic experience. A large body of research has strongly identified arts
education to contribute to academic, basic, and comprehensive learning. There are various existing
art schools in Santa Ana that provide arts education; however, they are not accessible to low- income
families. Investment in art education provides sources for expression as well as academic, basic, and
comprehensive learning. Including underprivileged communities in Santa Ana's arts and culture is a
way to enhance and invest in the lives of all members of society.
1'•i .to
See pages 3 -7
25A -8
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25A-1 3
Name of Applicant: Amount Requested
Maria Reyna $5,000
Category: Score:
Artist 67.7
Brief Description of Project:
Provide free arts and crafts at the monthly Downtown Santa Ana Art Walk for a period of one year.
Community Benefit:
1 believe that the art and crafts will greatly enrich the art walk experience of the participants at this
event.
Portfolio:
Seepages 9 -13
25A -14
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Name of Applicant: Amount Requested
Albert Lopez, Jr. $10,000
Brief Description of Project:
Category: Score:
Artist 67.4
In a Popsicle's Space will be a series of paintings in various sizes spanning 4'x6'- 6'x8', oil on canvas
that will deconstruct a variety of popsicles by viewing them in unfamiliar places. Popsicles are iconic
in many communities and they create dialogue with their need to please others through what they
have to offer or what they lack.
Community Benefit:
This project will bring to the Santa Ana arts and culture community the invitation to conquer one's
aspirations and to do so without restraint. It will bring forth a dialogue in Santa Ana that is everlasting
because of the social inconsistencies that exist due to fear of diversity or change. This series will
consist of visuals that resonate with the population, challenge thought, and encourage thinking more
critically about how we have fulfilled our desires of space and contributed to our own lives and the
lives of others.
Portfolio:
See pages 15 -19
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25A-25
Name of Applicant: Amount Requested: Category:
Pacific Symphony $10,000 Organization
Brief Description of Project:
Score:
67.1
Funds are respectfully requested to help support Pacific Symphony's Santa Ana Strings program
providing music instruction for under - resourced elementary school -aged children in partnership with
the Boys & Girls Club of Santa Ana. Specifically funds will help support artists fees, educational
supplies needed to successfully implement the program, as well as costs related to the repair and
purchase of violins, bows and supplies.
Community Benefit:
Santa Ana Strings enriches the Santa Ana arts and culture community by engaging its young
residents in music, performing arts and creative expression. Learning to play a musical instrument
and participating in group music - making enhances a child's life -long skills to create a foundation for
success, not only for their academic careers, but throughout their lives.
Portfolio:
Organizations not required to submit portfolio.
25A -26
Name of Applicant: Amount Requested
Joseph Hawa $10,000
Brief Description of Project:
Category: Score:
Artist 66.6
Elder artist Joseph Hawa proposes a series of live painting demonstrations in DTSA on Sundays as
part of the new ArtBrunch program offerings. Additionally, a group of local Santa Ana artists will be
selected to apprentice with Mr. Hawa in the en plein air tradition. To ensure a healthy turnout, ads
will be purchased in art journals, gallery guides, event listings and culture blogs. To celebrate the end
of the series, a collective exhibit of program participants will be exhibited at the Santora Arts Building
during ArtWalk.
Community Benefit:
I am a longtime downtown Santa Ana artist and would like to provide demonstrations for the public
free of charge.
Portfolio:
See pages 22 -25
25A -27
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25A -31
Name of Applicant: Amount Requested
Sarah Guerro $5,000
Brief Description of Project:
Category: Score:
Artist 66.1
A free playwriting and theatre - making workshop series in the city of Santa Ana. To be held June 2015
through April 2016. There are a total of 3 workshop series; each up to 10 weeks. Workshops will be
hosted by local Santa Ana arts and non -art- making organizations and businesses. Participant will be
given tools on how to strengthen their innate story- telling abilities through the use of playwriting. It will
cover basic elements of dramatic writing, fundamentals of playwriting, discussion and reading of work
of contemporary playwrights, revising writing and theatre exercises all taught by professional
playwrights and theatre artists associated with Breath of Fire Latina Theater Ensemble. Series is
process based and no experience necessary. Each session will culminate in a supportive free public
reading of pieces generated by participants.
Community Benefit:
• Participants leave program with an introductory playwriting and theatre making tools taught by
professional theatre makers and playwrights working in American Theatre locally and
nationally.
• Participants will see themselves as creative story- tellers / playwrights.
Participants will have participated in constructive and devising discussions regarding their work
and others.
• Participants will have engaged and participated in collaborative rehearsal process to prepare
for their public reading.
• Participants will share their new work read aloud with their audience of families, friends,
supporters at a free public reading.
• Participants stories will be reflective of themselves and of their community.
• Participants will be exposed to the many intricate aspects of Santa Ana with the series hosted
at various Santa Ana organizations and locations associated with the project.
• Participants will leave with an introspective understanding of story - telling, a relationship to
theatre and to community building.
The desire for live theatre and theatre - making opportunities has a home in the Santa Ana
Community.This project and process reaffirms the support of programming for arts and culture
in the community and validates that Santa Ana is a community of thriving, emerging and soon
to be arts and artists.
See pages 27 -31
25A -32
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Name of Applicant: Amount Requested: Category: Score:
Orange County $10,000 Organization 65.7
Children's Therapeutic
Arts Center
Brief Description of Project:
OCCTAC proposes to host a series of three music related films at the Frida Theater in Santa Ana as
a means of educating the public about the value of music education. The films will be promoted I
conjunction with OCCTAC's efforts to expand its current music classes and to create a youth
orchestra in partnership with Chamber Music OC.
Community Benefit:
OCCTAC intends to put on this film series as a means of education current OCCTAC students and
their families about the power of orchestral music and training to change lives, and to expose Santa
Ana residents to classical music in a way that will make it more accessible and relatable to them by
relating it through Latino culture.
Portfolio:
Organizations not required to submit a portfolio.
25A -38
Name of Applicant: Amount Requested: Category: Score:
Alicia Rojas for the $10,000 Organization 64.7
Santa Ana Community
Artist(s) Coalition
Brief Description of Project:
The Santa Ana Community Artist(a) Coalition (aka "the Coalition ") proposes to undertake the creation
of a 60 feet wide by 19 feet high community mural located at the "Art Alley ". A public street alley
between N. Bush St. and N. Main St. Behind 4th St. in downtown Santa Ana; to engage local artists,
youth, business, and residents in a collaborative and transformational art- making process. The mural
itself will be composed of images gathered through and inspired by a wide - reaching community
interview process, with the final work of art representing the dreams and aspirations of the Santa Ana
Community.
Community Benefit:
For the mural, a Core Team is selected; many team members have in the past considered
themselves "just" an artist and not a leader, "just" someone who volunteers and not an artist, etc. The
Core Team has the responsibility of facilitating, listening, having conversations, and then serving as a
catalyst for a community vision. They are well - supported by a team who can consult on matters of
muralism, history, art administration, organizational skills, budgeting and financial issues, youth
involvement, and other topics that may come up. By investing in new leadership and empowering
them to lead each effort, we nurture emerging arts and community leaders who might not otherwise
have had the opportunity to shine.
We actively recruit new participants for the new Community Mural at the "Art Alley ", and participation
is open to all interested community members in all phases of the project. We have already reached
out and plan to connect with a wide range of community groups in order to increase community
participation. These include the Santa Ana Business Council, the Mexican Consulate, TeenSpace at
the Santa Ana Public Library, and Santa Ana College Upward Bound, among many others. In the
end, the City of Santa Ana will have new public art project to celebrate- a new community mural to
enhance our downtown, and a symbol of pride and collaboration for all those that participated in the
project.
Portfolio:
See pages 34 -37
25A -39
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Name of Applicant:
Orange County Center
for Contemporary Art -
Exhibition &
Performance
Amount Requested: Category:
$5,000 Organization
Brief Description of Project:
Score:
69.3
Solo exhibition of internationally recognized assemblage artist George Herms. The exhibition, free to
the public, will include a performance, also free to the public, presenting a music style called
`Jassemblage' which is heavily influenced by Mr. Herms' assemblage art. Mr. Harms' art is in many
national and international permanent collections, both public and private.
Community Benefit:
The exhibition of this particular artist of international reputation in the art world has the potential to
bring additional regional and /or national and /or international cultural focus, attention, viability, and
credibility to both OCCCA and the Santa Ana Artists Village with this professional level high quality
contemporary art and music.
Portfolio:
Organizations not required to submit a portfolio.
25A -44
Name of Applicant: Amount Requested: Category: Score:
Carlos Kalim $10,000 Artist 61.7
Quevedo- Prastein
Brief Description of Project:
The project is to conduct a series of workshops in the arts, including drawing, sculpting, painting, and
sewing. Media used will include pencil, oil, acrylic, paper mache, ceramic, wood, textiles, and
recycled materials such as newspaper and cardboard. The object will be to train people in specific
skills in art, to get them involved in creating art and expressing their creativity. The target age range is
from 8 years old up to adults.
Community Benefit:
This project will benefit the Santa Ana arts and culture community by providing members of the
public -la gente- the opportunity to gain skills to develop a better life, to enrich their lives and to
preserve their culture through artistic expression. The City of Santa Ana benefits in having a populace
that is trained and can participate directly in art, rather than only as spectators and admirers. By
spreading these concrete art and craft skills in a fun environment, we encourage the development of
new artists who will further contribute to the social and economic development of Santa Ana's art
community.
Portfolio:
See pages 40 -41
25A -45
40 25A-46
41 25A-47
AN
Name of Applicant: Amount Requested: Category: Score:
The Wooden Floor $5,000 Organization 61.4
for Youth Movement
Brief Description of Project:
Dance Free Weeks is a free, community engagement program of the Wooden Floor, an after - school,
creative youth development organization that serves low- income children in central Orange County.
Dance Free Weeks targets students in grades 3 -5 in Title I elementary schools primarily the Santa
Ana School District as well as schools in Tustin and Garden Grove. The program occurs on
approximately 20 school campuses, during the school day.
Community Benefit:
Dance Free Weeks creates a sense of community and fosters learning in a team environment. It
provides a safe space for children to explore and express artistic expression through dance. For
many, this is a first exposure to dance that launces a child's engagement in and appreciation of this
art form. This contributes to cultural literacy that enriches the Santa Ana community.
Portfolio:
Organizations not required to submit portfolio.
25A -48
Note: Same agreement will
be used for art organizations
and /or artists approved for
the ACC grant.
ARTS AND CULTURE ARTIST GRANT PROGRAM AGREEMENT BETWEEN
THE CITY OF SANTA ANA AND
This Artist Grant Agreement ( "Agreement ") made and entered this __ day of
2015, 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 Individual
Artist/Oraanization Name ( "Grantee ") and, collectively with City, the "Parties ", is for the purpose
of providing grant funding pursuant to the Arts and Culture Artist Grant Program.
RECITALS:
A. On March 17, 2015, the City Council authorized the release of the "Investing in the Artist
Grant Opportunity Application," finding that it serves a legitimate public purpose to enrich and
invigorate the Santa Ana arts and culture landscape.
B. On July 16, 2015, the Arts and Culture Commission reviewed all applicants and determined
that Grantee is hereby awarded an artist grant based on its Application for its artwork ( "Project ")
attached hereto and incorporated herein as Exhibit A.
C. On August 4, 2015, the City Council approved the grant funding for Grantee and authorized the
execution of this Agreement.
D. In undertaking the performance pursuant to this Agreement, Grantee represents that it is skilled
and knowledgeable in the arts and culture arena and that any 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
provide funding,
not to exceed
"Grant").
Grantee's performance of all required actions under this
in one or more disbursements, as reasonably determined
Thousand Dollars ($
Agreement, City shall
by City, of an amount
.) ( "Grant Amount" or
2.2. Appropriate performance of the Grantee will be determined by City in its sole discretion.
City reserves the right to cease funding after each disbursement.
2.3. City represents that there is no correlation or connection between its selection of institutions
for grant awards and an institution's business relationship or potential business relationship with
City.
a. Grant Activities. Grantee agrees:
BIT-
3.1. To perform the activities described in the Grant Application and Timeline submitted to City
for consideration dated , 2015, 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 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 facilitate site visits, conference calls and audits of Grantee, as reasonably requested by
City.
3.4. 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.
3.5. 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.
3.6. The Project may not include any breach of intellectual property, trademarks, brands, or
images of illegal activity.
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 which 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.
25A -50
6. Indemnification
6.1. Grantee shall defend, indemnify, protect and hold harmless the City, or 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.
73. This Agreement shall be construed and the rights and obligations of the Parties shall be
determined in accordance with the laws of the State of California, with venue of any action
arising out of this Agreement in Orange County, California.
7.4. Grantee shall comply with all governmental requirements which may now or in the future
become applicable to its activities under this Agreement.
7.5. 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.
7.6. 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
25A -51
either party or its right at any time thereafter to require exact and strict compliance with
provisions of this Agreement.
7.7. 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 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:
City: City of Santa Ana
Clerk of the Council (M -30)
20 Civic Center Plaza
P.C. Box 1988
Santa Ana, CA 92702
FAX (714) 647 -6956
7.8. This Agreement is subject to all applicable local, State and Federal laws.
7.9. Grantee agrees to comply with all applicable equal opportunity and affirmative action laws
as appropriate, Grantee shall not discriminate because of race, color, creed, religion, sex,
marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and
prohibited by applicable law, in the recruitment, selection, training, utilization, promotion,
termination or other employment related activities. Grantee affirms that it is an equal opportunity
employer (if applicable) and shall comply with all applicable federal, state and local laws and
regulations.
7.10. 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.
7.11. 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.
7.12. 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
25A -52
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.
7.13. Grantee grants to City a non- exclusive, irrevocable, transferable, royalty free, worldwide
license to use, reproduce, display, distribute, and prepare derivative works for the Project
conceived, performed or created as a result of this Agreement.
7.14. 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.
7.15. Neither party shall assign any rights or obligations under this Agreement.
7.16. 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.
7.17. 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.
7.18. 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.
7.19. 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.
25A -53
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
Maria D. Huizar
Clerk of the Council
APPROVED AS TO FORM:
Sonia arvalho
cftyxt9fpqy h
City
RECOMMEND APPROVAL:
Kelly Reenders, Executive Director
Community Development Agency
CITY OF SANTA ANA
David Cavazos
City Manager
GRANTEE:
Name:
Title:
25A -54
EXHIBIT A
ARTS AND CULTURE ARTIST GRANT PROGRAM
APPLICATION
25A -55
25A -56