HomeMy WebLinkAboutAVALOS, OMAR-2016INSURANCE NOT REQUIRED
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CLERK OF COUNCIL
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ARTS AND CULTURE ARTIST GRANT PROGRAM AGREEMENT BETWEEN
THE CITY OF SANTA ANA AND OMAR AVALOS
A -2016 -183
This Artist Grant Agreement ( "Agreement") made and entered this 5th day of July, 2016, 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 Omar Avalos ( "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 February 2, 2016, 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 June 16, 2016, the Arts and Culture Commission reviewed all applicants and
recommended that Grantee be awarded an artist grant based on its Application for its
artwork ( "Project ") attached hereto and incorporated herein as Exhibit A.
C. On July 5, 2016, 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 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 ($5,000.00) ( "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.
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.
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 2, 2016, a copy of which is attached as Exhibit A and incorporated
into this Agreement as if set out in full.
3.2. To submit all reports (each, a "Report "), which shall include, at a minimum, the items set
forth as required by the Application. No personally identifiable information shall be included in
any of the Reports, except where specifically requested. The Reports shall be in a format that is
reasonably acceptable to City. City may request additional information as City, in its sole
discretion, determines is necessary to monitor performance of this Agreement. City shall have
the right to use any Reports submitted by Grantee, or any portion thereof, for any reason.
3.3. To 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.
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.
7.3. 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.
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
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:
(i) 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: Omar Avalos
425 Diamond St.
Santa Ana, 92703
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
7.8. 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.
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
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.
41
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
CITY OF SANTA ANA
Maria D. Huizar David v
Clerk of the Council City Manager
APPROVED AS TO FORM:
Sonia R. Carvalho
RECOMMENDED FOR APPROVAL:
R be . Cort 2 (
%Y Special Assistant to the City Manager
City Manager's Office
GRANTEE:
Name: Uvu av/� (pS
Title:
EXHIBIT A
ARTS AND CULTURE ARTIST GRANT PROGRAM
APPLICATION
Omar Avalos, Orchestral Music
Omar Avalos
5/2/2016
Artist Name & Category of Art:
Omar Avalos, Orchestral Music
City Ward of Residence:
5
City Ward of Project:
4 and 5
Name of Applicant:
Omar Avalos
Address:
425 Diamond St. Santa Ana, 92703
Phone Number:
714 - 460 -3676
Email:
avalos_omar @sac.edu
Website:
n/a
Letter of Support - Name & Affiliation:
John Marr, Santa Ana College
Brief Description of Project:
In 2011, world- renowned composer Arturo Marquez gifted the Santa Ana community a
wealth of his orchestral works for the purpose of having them performed in Santa Ana,
and for the enrichment of the community, and entrusted Santa Ana musicologist, Omar
Avalos, as the custodian of this extremely important body of work...
This is a proposal for the establishment of a new seasonal winter or summer community
chamber orchestra, to be offered to Santa Ana musicians free of charge, to be called
the Santa Ana Camerata, tentatively. This ensemble will perform, especially but not
exclusively, Mexican and Latin - American "art," or, "classical," music for orchestra and or
chamber ensembles. The ultimate size of the ensemble will depend on the amount of
musicians taking part in it. The project includes a culminating concert to be shared with
the public, free of the price of admission into Phillips Hall Theater at Santa Ana College.
This proposal asks for the use of City of Santa Ana Public Space, specifically the use of
a room for rehearsals at the Corbin Center, and if music stands are required, the stands
will become property of the City of Santa Ana, purchased with Santa Ana grant money.
Type of Application::
Artist based in Santa Ana
Need::
$5000
I am applying for::
Equipment, Materials & Supply,Other
If other please state below::
Most of the use of the funds asked for go towards renting City of Santa Ana property,
specifically the use of a room for rehearsal at the Corbin Center.
Artist Statement:
Hello. I'm a lifelong resident of Santa Ana that developed as a musician in SAUSD
schools, playing orchestral instruments. I'm very much a product of Santa Ana, and I'm
very passionate about teaching, but especially about creating knowledge of the subjects
that I'm passionate about, in Santa Ana. It's one of my greatest desires and it's what
motivates me. That's why you'll see me proposing new coursework, lectures,
performances, and I've had some success with that. I started a flamenco guitar course
at Santa Ana College, 1 lectured at the Bowers Museum, I interviewed composers, but
I'm far from done. The Santa Ana environment is what contributed to my formation as a
flamenco guitarist and a specialist in Latin - American classical music. It was in a very
unassuming Santa Ana music store that I discovered composer Silvestre Revueltas,
and Mexican classical music, back in 1997 or so.
My interest in music education started while in elementary school. I later
concentrated on blues, jazz, flamenco and classical guitar while in high school,
eventually majoring in Music at Santa Ana College and Cal State Fullerton, where I
studied conducting, earned a Bachelor of Music degree in Music Composition, and a
Master of Arts degree in Music History and Literature (Musicology). I've been an
Instructional Assistant with the Santa Ana College Music Department since 2001, have
taught after school piano in Santa Ana elementary charter schools, and currently teach
children's piano through the North Orange County Community College District, and
Flamenco Guitar through the Santa Ana College Community Service program.
Ultimately, I'm restless about sharing knowledge of the Mexican classical music that I
discovered, because of Santa Ana.
Narrative for proposed use of funds::
Much of funds requested will go back to the City, by renting public space at the Corbin
Center, in addition to Corbin Center Staff fees, instructor's insurance, and a Corbin
Center cleaning deposit. Other expenses are the hiring of professional theater staff at
Santa Ana College, the purchase of music stands, and an instructor's fee.
The works to be studied and performed are:
Menuet, Opus Postumo, by Ricardo Castro (1864 -1907)
Danzon No. 5, by Arturo Marquez (b. 1950)
La Loterfa (2005): Suite for Chamber Orchestra, by Omar Avalos (b. 1979)
About the composers
Ricardo Castro is regarded as one of the best, if not the best virtuoso pianist in the
history of Mexican piano literature. Castro composed many solo concert piano works, a
piano concerto (piano and orchestra), a cello concerto, the opera Atzimba, and was the
first to compose large -scale symphonic works in modern Mexico.
Arturo Marquez In 2011, world- renowned composer Arturo Marquez was presented to
the Santa Ana community by musicologist Omar Avalos, with the help of artists Moises
Camacho, Joseph Hawa, and the composer's brother George Marquez, Esq., who lived
in the Artist's Village for a time. Arturo Marquez is world- famous for his symphonic work,
Danzon No. 2, that has been performed by numerous orchestras including the Los
Angeles Philharmonic, Berlin Philharmonic, Orchestre de Paris, the Simon Bolivar
Orchestra in Venezuela, the UCLA Philharmonia and many others. The piece was used
as the theme of the film Arrancame la vida (Tear this heart out), and most recently in the
Golden Globe Winning TV series, Mozart in the Jungle.
Supplemental Question 1::
This project asks for the use of City of Santa Ana public space. It is understood that the
public space is only available to rent.
Supplemental Question 2::
This is a new project.
Supplemental Question 3::
The project will be shared with the public in the form of a free concert to be held at
Phillips Hall Theater at Santa Ana College or another sponsoring venue, should any
unforeseen conflicts arise.
Supplemental Question 4::
The City of Santa Ana has an opportunity to be at the helm of sponsoring this important
music repertory. The City would be a leader in this matter and would be allowing for
their Santa Ana, if not, United States debuts.
The project is intended to provide a supplemental, educational experience through
music repertory alternative to what's taught at Santa Ana schools and Santa Ana
College, for the benefit of Santa Ana youth and the larger community. The project is
designed to invite Santa Ana Unified School District musicians, those referred by their
music directors, to perform with Santa Ana College musicians, but all musicians are
welcome to participate, provided they have a musical background in orchestral band,
string orchestra, or symphony orchestra performance.
The intended repertory for the project is part of a larger cultural patrimony that is very
relevant to the Santa Ana community. The repertory also serves as an educational tool,
to edify all people of Santa Ana, regardless of ethnicities, in addition to newcoming
people to Santa Ana, about the sophistication of the cultural patrimony of their
neighbors of Mexican and Latin - American descent. Truly, for the City to aide in this
project would be reflective of its cultural sophistication. Mexican and Latino - Americans
excel in art music, as is evidenced by the examples of Gustavo Dudamel, who conducts
the Los Angeles Philharmonic, Sonia Marie De Leon, who conducts the St. Cecilia
Orchestra in Los Angeles, and Alondra de la Parra, who founded the Philharmonic
Orchestra of the Americas in New York City. Their examples are coupled with the
examples of many composers throughout history, like the ones listed in this project's
proposed repertory.
INVESTING IN THE ARTIST
SANTA ANA CAMERATA PROJECT TIMELINE
DATE ACTION OUTCOME
7/12/2016 COMMENCE FIRST REHEARSAL
8/9/2016 MIDWAY POINT OF 8 WEEK SESSION
8/30/2016 FINAL REHEARSAL
INVESTING IN THE ARTIST
LINE ITEM BUDGET
PROPOSED GRANT FUNDED PROGRAMMING SERVICES
EQUIPMENT, MATERIALS AND SUPPLIES
Item
(equipment, material, supplies for
project)
Quan-
tity
Unit
Cost
Total
Cost
Grant
Funds
Requested
Music stands
13
$27
$379.08
$379.08
Instructor insurance
1
$49
$49
$49
Instructor fee
1
$1250
$1250
$1250
Graphic design: Font
1
$40
$40
$40
Eight page concert programs
450
$10¢ percopy
$388.80
$388.80
Two -sided promo flyers
250
Pack: $291.60
$291.60
$291.60
Concert video recording
1
$600
$600
$600
ADDITIONAL EXPENSES
Description
(permits, fees, facility rental for project)
Total Cost
Grant Funds
Requested
Southwest Senior Center Space
$809.76
$809.76
Senior Center Staff
$524.16
$524.16
Southwest Senior Center cleaning deposit
$300
$300
Phillips Hall Theater staff
$275
$275
Artist is responsible for maintaining documentation of expenses paid for with grant
funds. Documentation, such as receipts for expenses, will be required for submittal on
the interim and final reports. If receipts are not available for certain expenses, a letter
from the artist certifying the expense may be accepted on a case by case basis.
INVESTING IN THE ARTIST
LINE ITEM BUDGET
PROPOSED PROGRAM BUDGET PROPOSAL
Enter bud aet categories and nrniectPd P.mnanditiiras fnr the nrnnncarl nrnnrnm-
Category
Expenditures
Funded By
Santa Ana
Grant
Expenditures
Funded By
Other Sources
(Including in-
kind)
Total Project
Budget
Equipment Total
$379.08
Supplies Total
$40
Materials Total
$680.40
Instructor fee
$1250
Additional expenses
$1908.92
Video recording / editing
$600
Instructor insurance
$49
TOTAL
$4907.40
$4907.40
PROJECT REVENUE
LIST ALL OTHER PROJECT RESOURCES
aair.,
FUNDING SOURCE
must equal " I otal Project B
AMOUNT
Santa Ana Artist Grant 1 $4907.40 I
I TOTAL PROGRAM BUDGET $4907.40
City of Santa Ana, Community Development Agency
20 Civic Center Plaza, N[ -25, Santa Ana, CA 92701 (714) 647 -5360
3