HomeMy WebLinkAboutREYNA, MARIA - 2015INSURANCE NOT REQUIRED A-2015 -134
WORK MAY PROCEED
CLERK OF COUNCIL
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` ARTS AND CULTURE ARTIST GRANT PROGRAM AGREEMENT BETWEEN
!� THE CITY OF SANTA ANA AND MARIA REYNA
This Artist Grant Agreement ( "Agreement ") made and entered this 4T" day of August, 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 Maria Revna
( "Grantee ") and, collectively with City, the "Parties ", is for the purpose of providing grant funding
d 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
C7 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:
I. 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.
2.1. Subject to Grantee's performance of all required actions under this Agreement, City shall
provide funding, in one or more disbursements, as reasonably determined by City, of an amount
not to exceed Five Thousand Dollars ($55,000) ( "Grant Amount" or "Grant ").
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.
23. 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.
2.4. Organization Grantees will be required to obtain and demonstrate holding a current City of
Santa Ana business license, as well as provide proof of active nonprofit status and good
standing with the Internal Revenue Service.
3. Grant Activities. Grantee agrees:
3.1. To perform the activities described in the Grant Application and Timeline submitted to City
for consideration dated May 26, 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 Liabilitv.
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.
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6. Insurance.
6.1. Prior to undertaking performance of work under this Agreement, Organization Grantees
shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
Commercial General Liability Insurance. Grantee shall maintain commercial general
liability insurance naming the City, its officers, employees, agents, volunteers and
representatives as additional insured(s) and shall include, but not be limited to protection
against claims arising from bodily and personal injury, including death resulting
therefrom and damage to property, resulting from any act or occurrence arising out of
Grantee's operations in the performance of this Agreement, including, without limitation,
acts involving vehicles. The amounts of insurance shall be not less than the following:
single limit coverage applying to bodily and personal injury, including death resulting
therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with
$1,000,000 in the aggregate. Grantee shall supply City with a fully executed additional
insured endorsement in substantially the form attached hereto as Exhibit B upon
execution of this Agreement.
b. The following requirements apply to the insurance to be provided by Grantee pursuant to
this section:
(i) Grantee shall maintain all insurance required above in full force and effect for the
entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of this
Agreement and shall be approved by the City.
(iii) Certificates and policies shall state that the policies shall not be canceled or reduced
in coverage or changed in any other material aspect without thirty (30) days prior
written notice to the City.
c. If Grantee fails or refuses to produce or maintain the insurance required by this section
or fails or refuses to furnish the City with required proof that insurance has been
procured and is in force and paid for, the City shall have the right, at the City's election,
to forthwith terminate this Agreement. Such termination shall not affect Grantee's right
to be paid for its time and materials expended prior to notification of termination.
Grantee waives the right to receive compensation and agrees to indemnify the City for
any work performed prior to approval of insurance by the City.
7. Indemnification.
7.1. 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.
7.2. 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.
7.3. 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.
8. General Provisions.
8.1. Grantee shall acquire prior written permission from City for any use of the City name or logo
in association with its 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. 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.
8.4. Grantee shall comply with all governmental requirements which may now or in the future
become applicable to its activities under this Agreement.
8.5. 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.
8.6. 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
either party or its right at any time thereafter to require exact and strict compliance with
provisions of this Agreement.
8.7. 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.
4
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: Maria Reyna
770 S. Lyon Street Apt. 817
Santa Ana, CA 92705
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
8.8. This Agreement is subject to all applicable local, State and Federal laws
8.9. 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.
8.10. 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.
8.11. 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.
8.12. 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
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.
8.13. 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.
8.14. 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
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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.
8.15. Neither party shall assign any rights or obligations under this Agreement.
8.16. 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.
8.17. 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.
8.18. 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.
8.19. 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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
J" 'G7t 4::),
Maria D. Huizar
Clerk of the Council
APPROVED AS TO FORM:
RECOMMEND APPROVAL:
Kell n ers, E utive Director
Community Devel p ent Agency
Davi avazos
City Manager
GRANTEE:
Name:
Title:
Title:
EXHIBIT A
ARTS AND CULTURE ARTIST GRANT PROGRAM
APPLICATION
Maria Reyna Visual Arts
Maria Reyna
5/26/2015
Artist Name & Category of Art:
Maria Reyna Visual Arts
City Ward of Residence:
Santa Anal
City Ward of Project:
Santa Ana 2
Name of Applicant:
Maria Reyna
Address:
770 S.Lyon Street apt. 817 Santa Ana, CA 92705
Phone Number:
714 352 9534
Email:
mmiaculpa @aol.com
Website:
MReyna.devianta rt. co m
Letter of Support - Name & Affiliation:
Orange County Children's Therapeutic Arts Center
Brief Description of Project:
Provide free arts and crafts at the monthly Downtown Santa Ana Art Walk. fora period
of one year)
Type of Application ::
Artist based in Santa Ana
Need::
$5000
I am applying for::
Equipment,Materials & Supply,Other
If other please state below ::
rcu0,111
rental space
Artist Statement:
Artist Statement
May 26, 2015
Maria Reyna
I am applying for this Artist Grant to be able to give back to my community.
Living here in Santa Ana has greatly benefited me as a Latina Artist, I have been
welcomed into
the Artist Community and feel that I have much to offer the Santa Ana community.
At this point in my life I feel that I have the skills, experience and artistic talents to offer
art
classes to children and adults of all ages.
If awarded an Artist Grant I will put it to good use by offering free Art classes at the
Downtown
Santa Ana Art Walk. For a period of one Year.
My two passions in life are Children and Art.
My background as a varied artist includes: Painting, Photography, Crafts, recycled art
and Poetry.
I have participated as a volunteer in various events in Santa Ana and through out
Orange County:
Day of the Dead Events, Patchwork Show, Cinco de Mayo Festival
Earth Day Celebration, Indigenous People Festival
Summer Art Program at Project Access where I live at Warwick Square Apartments
I am currently working at Orange County Children's Therapeutic Art Center as an Art
Instructor
And OC Arts Studios as an Art Instructor in after school enrichment Art program for
children k -6.
I feel that this is what I am meant to do with my life is teach art to children of all ages.
I believe that we all have talents and skills, one not need to be a philanthropist to give
back to the
community.
Narrative for proposed use of funds::
Narrative
Maria Reyna
I go and participate regularly In the Downtown Art Walks, I feel there needs to be more
free art
for the Santa Ana residents that attend this event.
I would like to have a booth with three tables that offers free arts and crafts for the
public.
This is a new project that I am proposing that will benefit and enrich the Artist Walk
experience
The proposed project would be for a period of twelve months. Starting in August 2015
1 would need to rent a space on for the Art Walk, purchase materials and supplies.
The biggest expense is the Artist Supplies.
I will donate my time , energy and talent and use some of the artist supplies I already
have.
Supplemental Question 1:;
I need to rent a space to participate in the Downtown Santa Ana Art Walk.
Supplemental Question 2::
Yes
Supplemental Question 8 ::
I would like to have a booth with three tables offering the public a variety of arts and
crafts using various art mediums. free of charge
Supplemental Question 4::
1 believe that the art and crafts will greatly enrich the art walk experience of the
participants at these event.
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Maria Reyna
Santa Ana, Ca.
714.352.9534 I mmiaculpa @aol.com
PROFILE:
Creative, motivated individual with experience in art education mid child care. Caring and
compassionate with aptitude for reaching children and communicating value of arts.
PROFESSIONAL EXPERIENCE:
Orange Couny Childrens Therapeutic Arts Center, Santa Ana, CA 2015
Art Instructor
• Teaching in a creative and motivating aspect in expressive art
• Helping participants learn how to express their thoughts and feelings around Stigma and
mental illness through a series of expressive art
• Help participants frame their art that are to be exhibit at the agency
• Instructor in poetry workshops, that help participants discover and release inner thougts
and feelings
O.0 Arts Studios, Orange, CA.
Art Instuctor
2015
• Art Instrucor in after school enrichment proram in various schools in Orange County.
• Teach fine art to children kindergarden through fifth grade
• Develop a curriculum for the students
• Teach children a munber of basic art elements while exporing my own ideas
Home Child Care, Santa Ana, CA
Child Care Provider
2006-2014
Managed daily care of children ages ranging from three to twelve including preparation
of meals, activities and homework
Teach children painting and drawing
Maintained home clean and safe.
Housing With Heart, San Clemente, CA
Activities Coordinator
• Coordinated after school program
• Taught art to children
• Prepared and organized special evets
• Helped children with homework
EDUCATION:
L.A. Harbor College General Education
Long Beach City College Photography
COMMUITY IIVVOLMENTNOLUNTEER:
Proj eet Access Santa Ana, CA- Arts and crafts activities
2005-2006
Kennedy Elementary Santa Ana, CA -Art Classes
Mary Erickson Housing San Clemente, CA —Art Instructor
City of San Clemente, CA, , San Juan Capistran, CA, Santa Ana, CA, — Participated in various Art
Festivals
2215 N Broadway s Santa Ana, GA 92746 .714.547.5468 b Fox 714.564.9690
www,ogc: .org 501 (c)3 Federal Tax ID#
May 24, 2015
Santa Ana Arts and Culture Commission
City of Santa Ana
20 Civic Center Plaza, M -2.5, 6th Floor
Santa A.na, CA.
Dear Members of the Santa Aria Arts and Culture Commission,
1 am pleased to submit this letter of support for Mania Reyna's Individual Artist grant proposal. 1
met Maria at a conuraunity event in Santa Ana where OCCJ'AC; partnered with the Lf&eria
Martinez of Chalmian University on April 4, 2015, Ms. Reyna donated a beautiful Art piece to
our organization that clay to help us support scholarship funds for Santa Ana youth, l was very
impressed that day with her beautiful Art work. A couple of weeks of er this event, I approached
Marra to teach a few art classes for our parents at our agency. l was very impressed with. her
teaohuig skills, so 1 decided to hire her to continue to teach at our agency, as well as at one of the
cletnentary schools iii tl-te Santa Ana Unificri School district tl•rat we had recently partneredwith.
Since them, it has been a joy to work with Maria Reyna,
I stronglyrecommetnd Maria Reyna for this wonderful grant opporuunity, and first ever Artist
grant in Santa Ana! She is v�qy well - deserving of this grant opportunity; and has dedicated
many years to the Santa. Ana community, as a volunteer Artist. She is an exceptional individual
With a great big heart for her carrim unityl We arc very fortunate to have Maria work at nor
agency mid teach the children, youth and parents in the Santa Ana community. I highly
recommend her without hesitation Thar k you for your consideration of the grant application.
Si1}clmely,{ -}
�l t.
Dr. Ana J' mer-mifiami
Founder & Executive Director
PI/I '(Project Access
DkI
FRI' U 8
April 18", 2015
To Whom It May Concern:
KT,
,10(Proiect Access
11 e, s 0 U ' r; P" Con z S
Tina Pe5a
Associate Service Coordinator
phone: 714 -b67 5 148
Fax! 714-558,2991
T
F"Mily kosouete cemerat I
W1, wick Square Apaaniencs
780 S. Lyon Street
Santa Ana. CA 92'705
My name Is Tina Pefia and I am the Associate Service Coordinator of The Family Resource
Center at Warwick Square Apartments. Maria Reyna has been volunteering at our location
since January 20 1' 2 creating Arts & Crafts with all the children at the community center.
Maria Reyna works well in groups of kids, or Interacting with others. Furthermore, she is
mature and friendly. Creates and implements a positive learning environment, Her
personality is delightful and she Is a great asset to our community.
I am deeply impressed by Maria Reyna's professional & artistic skills and recommend her
unhesitatingly. 1, or confident she would 1% provide the same high level of service and
commitment If you have any questions r wish to speak further about Maria Reyna, please
feel free to call me at 714 -667 -5148.
SiTr el
Tina Pella
Associate Service Coordinator
Family Resource Center at
Warwick Square Apartments
rpena@project-,access.org
INVESTING IN THE ARTIST GRANT OPPORTUNITY
Event Timeline
The event timeline must be submitted no later than September 15 2015
An event timeline is defined as a date or timeframe of when a proiect will b e d isplayed or workshop will be held
DATE & TIME
EVENT NAME
LOCATION
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I, Maria Reyna, understand that notification of any modification made to the event timeline 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:
Chris Dalton
Community Development Agency
20 Civic Center Plaza
Santa Ana, CA 92701
cdalton d(7santa- ana.oro
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