HomeMy WebLinkAboutSANTA ANA UNIFIED SCHOOL DISTRICT (SAUSD)CDA (0)
iR 10 7D
Utility Box Pilot Art Project
(Phase Three)
A-2017-044
Agreement between the City of Santa Ana and the Santa Ana Unified
School District
This agreement is made and entered into as of March 7 , 2017, by and
between the City of Santa Ana, a charter city and municipal corporation (hereinafter
"City"), and the Santa Ana Unified School District (hereinafter "SAUSD") representing
the schools selected to participate in the Utility Box Art Pilot Project (hereinafter
"School(s)") listed on Exhibit A attached herewith and incorporated herein by this
reference.
In consideration of the promises contained herein, the receipt and adequacy of which is
hereby acknowledged, the parties hereto agree as follows:
A. Preparation
1. A representative from each School shall attend a mandatory pre -installation
meeting with the City prior to starting work. During this meeting City staff will
identify any electronics, equipment, and other facilities on the exterior of the utility
box which shall not be painted, including:
a. Official plaques, stickers, or identification numbers
b. Keyholes, or keyhole covers
c. Vents or viewports
B. Materials
1. The Schools shall use the following paint type and paint products recommended
by the City:
a. Paint Type: Premium high solids 100% acrylic latex waterborne exterior
wall and trim paint; low sheen, eggshell or satin finish; minimum 1.5 mil
dry thickness per coat.
b. Paint Products (in recommended order):
i. Nova Color (available in wholesale at: www.novacolorpaint.com)
ii. Sherwin Williams: Accolade Exterior Acrylic Latex, Satin
iii. Frazee #126 Mirro Glide Low Sheen Acrylic Latex
iv. Pratt and Lambert: Accolade Exterior Acrylic Latex, Eggshell
1
2. SAUSD will purchase the needed paint and supplies, including paintbrushes,
paint rollers, rolling pans, drop cloth, masking tape, latex gloves, and cups for
blending/mixing pain. SAUSD must provide its own additional supplies if needed.
C. Project
1. Each School will paint the utility box assigned to it by the City, and nothing more.
Schools can commence work after the effective date of the contract. Painting of
the box must be completed by June 9 , 2017. Painting may only
occur during the hours of 7 a.m. to 7 p.m. A minimum sidewalk clearance of four
feet must be adhered to at all times.
2. Artwork must include all visible sides of the utility box including the top.
3. Each School shall provide for City maintenance, operations, and emergency
access to its respective utility box at all times.
4. Reserved.
5. Artwork may not contain advertising, religious art, sexual content, negative or
violent imagery, convey politica[ partisanship or include any hidden, subliminal or
camouflaged messages or statements of any kind or nature.
6. Artwork may not include any breach of intellectual property, trademarks, brands,
images of illegal activity or involve the attachment of any objects to the box.
7. The Schools 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. The Schools 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.
D. Property Rights
1. SAUSD hereby waives any legal rights under Federal, State, local, and/or
Administrative law to maintain the artwork upon City property. The completed
work will be the property of the City, which retains the sole and absolute right and
discretion to remove, modify, or replace the utility box, components of the utility
box, or the artwork if necessary without compensation or notice to the SAUSD,
2. SAUSD grants the City the right to use any images, photographs or video of the
artwork and the installation process for publicity or promotional purposes and
agrees that the results of such activity shall remain the sole property of the City.
2
E. Payment
The City agrees to pay, and SAUSD agrees to accept as total payment for all
paint and paint supplies necessary for the Project, a total sum not to exceed two -
hundred dollars ($200.00) for each School participating in the project. Pursuant
to Exhibit A, there are six Schools participating in the project, which equates to a
total payment of $1,200.00 to SAUSD. The City will send payment to SAUSD
after an Agreement and Release from Liability forms, as attached hereto as
Exhibit B and incorporated herein by reference, has been fully executed by a
representative for SAUSD and a representative for each participating School.
2. Completion of the artwork by each School will serve to verify that payment was
used for the purpose of the project. Receipts will not be required. However, if a
School is unable to complete the artwork for the assigned utility box by the
completion date, then funds allocated for the School shall be returned to the City
within a reasonable time.
F. Indemnity and Release of Liability
1. SAUSD 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 as a result of the
negligent acts, errors or omissions or the willful misconduct of any School, or
School's employees, subcontractors or other persons, agencies or firms for
whom SAUSD is legally responsible in connection with the execution of the work
covered by this agreement. SAUSD 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 declaration by the School. The SAUSD's
obligations shall survive the termination of this Agreement.
2. SAUSD 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 or installation of the artwork.
3. To protect the City, a representative from SAUSD and a representative from
each participating School shall execute a Release of Liability form before
participating in the Utility Box Art Pilot Project. A true and correct copy of the
Release of Liability form is attached hereto as Exhibit B and incorporated herein
by this reference. All terms and requirements of the Release of Liability shall be
enforceable in addition to all terms and requirements of this Agreement.
G. Repairs
If any component of the City's traffic signal system is damaged as a result of any
School's work, the SAUSD shall arrange for a licensed contractor to repair the
damage at the SAUSD's sole expense.
2. The SAUSD has the first option to repair artwork if damaged. The City may
repair, remove or modify damaged artwork if SAUSD is unavailable.
H. Termination
The City may terminate this Agreement at any time for any reason. SAUSD
hereby expressly waives any and all claims for damages or compensation arising
under this Agreement.
i. General Terms
SAUSD is, and any of the SAUSD'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, worker's compensation benefits, injury leave or
other leave benefits.
2. Neither party shall assign any rights or obligations under this Agreement.
3. 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.
4. Each party warrants that they have executed
and voluntarily and with full knowledge of its
involved warrant and represent that, prior to
party has had the opportunity to review and
counsel, and that the terms of this Agreement
understood by each party.
this Agreement knowingly, freely
legal consequences. All parties
executing this Agreement, each
consider this matter with legal
and its consequences, are fully
5. 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.
6. 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
CI
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.
A-2017.044
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date
and year first above written.
ATTEST:
o-� ---) p
MANIA D. HUIZ R
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City AttomW ,j
By:
Ryan Og
Assista t City �'dtorney
Recommended for Approval:
By6e�qJogiiSrnt Assistant
City Manager's Office
R
CITY OF SANTA ANA
GERARDO MOULT
Acting City Manager
SAUSD
a
y,
TPha Dau las
Title. Assistant Superintendent
EXHIBIT A
SCHOOLS PARTICIPATING IN THE UTILITY BOX
PILOT ART PROJECT (PHASE THREE)
SCHOOL
SCHOOL ADDRESS
BOX LOCATION
PRINCIPAL
1)
Advanced Learning Academy (ALA)
335 E. Walnut St
1 st & Downtown Plaza
Kim Garcia
z)
Davis Elementary School
1405 French St.
Main & Washington
RobertAnguiano
3)
Greenville Fundamental
3600 S, RaittSt
Raitr& MacArthur
Felisa Gear
4)
Lowell Elementary School
700 S. Flower St.
Flower St & Bishop
Refugio Gracian
5)
Jim Thorpe Fundamental
2450 W. Alton Ave.
Greenville & Alton
Teresa Stetler
6)
Wilson Elementary School
1317 N. Baker St.
Flower & Washington
Ligia Hallstrom
EXHIBIT B
UTILITY BOX PILOT ART PROJECT (PHASE THREE)
RELEASE OF LIABILITY
Utility Box Art Pilot Project (Phase Three)
City of Santa Ana
RELEASE OF LIABILITY
Santa Ana Unified School District (SAUSD) / School Information (Please print)
Authorized SAUSD / School Representative Name:
Kim Garcia
SAUSD / School Address:
Advanced Learning Academy 335 E. Walnut St.
City:
Santa Ana
Emergency Contact: Roxanna Owings
Waiver and Liability Release
State: CA
Zip: 92701
have read and understand the Santa Ana Unified School District Agreement and will adhere to
the rules and regulations set forth wherein and act in a respectful manner while representing the
City of Santa Ana. The SAUSD and/or participating School assumes the responsibility of
mental and physical fitness of the SAUSD and/or School staff, students, and volunteers to
participate in the assignment, and agrees to abide by all rules and requirements of the program.
also understand that failure to abide by the above may lead to the SAUSD's and/or School's
termination from the program.
understand that the SAUSD and/or School staff, students, and volunteers are not considered
employees of the City of Santa Ana for purposes of Workers' Compensation, but that the City
provides volunteer accident insurance in excess of any other medical insurance the SAUSD
and/or School staff, students, and volunteers may have. The SAUSD and/or School agree to
comply with the City's policy regarding any injuries any SAUSD and/or School staff, students,
and volunteers incur while under the City's supervision.
The SAUSD and/or School agree to hold harmless the City of Santa Ana, its officers, employees
and volunteers from and against any and all liability arising out of or in any way connected with
participation in the program. This release shall apply even though liability may arise out of
negligence or carelessness on the part of those discharged including their employees, agents
and volunteers.
This waiver and liability release shall apply to any SAUSD and/or School staff, students,
volunteers, executors or administrators.
I am of lawful age and legally competent to sign this agreement. I understand the terms and
have signed this document, on behalf of the SAUSD and/or School staff, students, and
volunteers, as my own free act.
I have fully informed myself of the contents of this release by reading it before I signed it. I attest
that I am an authorized SAUSD and/or School representative. I realize that by signing this
document I am giving up legal rights to which the SAUSD and/or School staff, students, and
volunteers may be entitled.
Tina Douglas
gnatuM Printed Name
March 24, 2017
Date
2
Utility Box Art Pilot Project (Phase Three)
City of Santa Ana
RELEASE of LIABILITY
Santa Ana Unified School District (SAUSD) / School Information (Please print)
Authorized SAUSD 1 School Representative Name:
Robert Angui.arna
SAUSD 1 School Address:
Davis Elementary School 1405 French St.
City: Santa Ana
Emergency Contact: Roxanna
Waiver and liability Release
State: CA Zip: 92701
have read and understand the Santa Ana Unified School District Agreement and will adhere to
the rules and regulations set forth wherein and act in a respectful manner while representing the
City of Santa Ana. The SAUSD and/or participating School assumes the responsibility of
mental and physical fitness of the SAUSD and/or School staff, students, and volunteers to
participate in the assignment, and agrees to abide by all rules and requirements of the program.
also understand that failure to abide by the above may lead to the SAUSD's and/or School's
termination from the program.
understand that the SAUSD and/or School staff, students, and volunteers are not considered
employees of the City of Santa Ana for purposes of Workers' Compensation, but that the City
provides volunteer accident insurance in excess of any other medical insurance the SAUSD
and/or School staff, students, and volunteers may have. The SAUSD and/or School agree to
comply with the City's policy regarding any injuries any SAUSD and/or School staff, students,
and volunteers incur while under the City's supervision.
The SAUSD and/or School agree to hold harmless the City of Santa Ana, its officers, employees
and volunteers from and against any and all liability arising out of or in any way connected with
participations in the program. This release shall apply even though liability may arise out of
negligence or carelessness on the part of those discharged including their employees, agents
and volunteers.
This waiver and liability release shall apply to any SAUSD and/or School staff, students,
volunteers, executors or administrators.
I am of lawful age and legally competent to sign this agreement. I understand the terms and
have signed this document, on behalf of the SAUSD and/or School staff, students, and
volunteers, as my own free act.
I have fully informed myself of the contents of this release by reading it before I signed it. I attest
that I am an authorized SAUSD and/or School representative. I realize that by signing this
document I am giving up legal rights to which the SAUSD and/or School staff, students, and
volunteers may be entitled.
Tina Douglas
i - ur Printed Name
March 24, 2417
Date
2
Utility Box Art Pilot Project (Phase Three)
City of Santa Ana
RELEASE OF LIABILITY
Santa Ana Unified School District (SAUSD) / School Information (Please print)
Authorized SAUSD / School Representative Name:
Felisa Gear
SAUSD / School Address:
Greenville Fundamental 3600 S. Raitt St.
City:
Santa Ana
Emergency Contact: Roxanna Ow
Waiver and Liability Release
State: CA Zi
92704
I have read and understand the Santa Ana Unified School District Agreement and will adhere to
the rules and regulations set forth wherein and act in a respectful manner while representing the
City of Santa Ana. The SAUSD and/or participating School assumes the responsibility of
mental and physical fitness of the SAUSD and/or School staff, students, and volunteers to
participate in the assignment, and agrees to abide by all rules and requirements of the program.
I also understand that failure to abide by the above may lead to the SAUSD's and/or School's
termination from the program.
I understand that the SAUSD and/or School staff, students, and volunteers are not considered
employees of the City of Santa Ana for purposes of Workers' Compensation, but that the City
provides volunteer accident insurance in excess of any other medical insurance the SAUSD
and/or School staff, students, and volunteers may have. The SAUSD and/or School agree to
comply with the City's policy regarding any injuries any SAUSD and/or School staff, students,
and volunteers incur while under the City's supervision.
The SAUSD and/or School agree to hold harmless the City of Santa Ana, its officers, employees
and volunteers from and against any and all liability arising out of or in any way connected with
participation in the program. This release shall apply even though liability may arise out of
negligence or carelessness on the part of those discharged including their employees, agents
and volunteers.
This waiver and liability release shall apply to any SAUSD and/or School staff, students,
volunteers, executors or administrators.
I am of lawful age and legally competent to sign this agreement. I understand the terms and
have signed this document, on behalf of the SAUSD and/or School staff, students, and
volunteers, as my own free act.
I have fully informed myself of the contents of this release by reading it before I signed it. I attest
that I am an authorized SAUSD and/or School representative. I realize that by signing this
document I am giving up legal rights to which the SAUSD and/or School staff, students, and
volunteers may be entitled.
Jgnat e
bla
Date
Tina Douglas
Printed Name _
2
Utility Box Art Pilot Project (Phase Three)
City of Santa Ana
RELEASE OF LIABILITY
Santa Ana Unified School District (SAUSD) / School Information (Please print)
Authorized SAUSD / School Representative Name:
Refugio Gracian
SAUSD / School Address:
Lowell Elementary School 700 S. Flower St.
City: Santa Ana
Emergency Contact:
Roxanna Owings
Waiver and Liability Release
State: CA Zip: 92703
have read and understand the Santa Ana Unified School District Agreement and will adhere to
the rules and regulations set forth wherein and act in a respectful manner while representing the
City of Santa Ana. The SAUSD and/or participating School assumes the responsibility of
mental and physical fitness of the SAUSD and/or School staff, students, and volunteers to
participate in the assignment, and agrees to abide by all rules and requirements of the program.
also understand that failure to abide by the above may lead to the SAUSD's and/or School's
termination from the program.
I understand that the SAUSD and/or School staff, students, and volunteers are not considered
employees of the City of Santa Ana for purposes of Workers' Compensation, but that the City
provides volunteer accident insurance in excess of any other medical insurance the SAUSD
and/or School staff, students, and volunteers may have. The SAUSD and/or School agree to
comply with the City's policy regarding any injuries any SAUSD and/or School staff, students,
and volunteers incur while under the City's supervision.
The SAUSD and/or School agree to hold harmless the City of Santa Ana, its officers, employees
and volunteers from and against any and all liability arising out of or in any way connected with
participation in the program. This release shall apply even though liability may arise out of
negligence or carelessness on the part of those discharged including their employees, agents
and volunteers.
This waiver and liability release shall apply to any SAUSD and/or School staff, students,
volunteers, executors or administrators.
I am of lawful age and legally competent to sign this agreement. I understand the terms and
have signed this document, on behalf of the SAUSD and/or School staff, students, and
volunteers, as my own free act.
I have fully informed myself of the contents of this release by reading it before I signed it. I attest
that I am an authorized SAUSD and/or School representative. I realize that by signing this
document I am giving up legal rights to which the SAUSD and/or School staff, students, and
volunteers may be entitled.
C61� - Tina Douglas
i ,rratur0 Printed Name
March 24, 2017
Date
2
Utility Box Art Pilot Project (Phase Three)
City of Santa Ana
RELEASE OF LIABILITY
Santa Ana Unified School District (SAUSD) / School Information (Please print)
Authorized SAUSD / School Representative Name:
Teresa Stetler
SAUSD / School Address:
Jim Thorpe Fundamental 2450 W. Alton Ave.
City:
Santa Ana
Emergency Contact: Roxanna Owings
Waiver and liability Release
State: CA Zip: 92704
I have read and understand the Santa Ana Unified School District Agreement and will adhere to
the rules and regulations set forth wherein and act in a respectful manner while representing the
City of Santa Ana. The SAUSD and/or participating School assumes the responsibility of
mental and physical fitness of the SAUSD and/or School staff, students, and volunteers to
participate in the assignment, and agrees to abide by all rules and requirements of the program.
I also understand that failure to abide by the above may lead to the SAUSD's and/or School's
termination from the program.
I understand that the SAUSD and/or School staff, students, and volunteers are not considered
employees of the City of Santa Ana for purposes of Workers' Compensation, but that the City
provides volunteer accident insurance in excess of any other medical insurance the SAUSD
and/or School staff, students, and volunteers may have. The SAUSD and/or School agree to
comply with the City's policy regarding any injuries any SAUSD andlor School staff, students,
and volunteers incur while under the City's supervision.
The SAUSD and/or School agree to hold harmless the City of Santa Ana, its officers, employees
and volunteers from and against any and all liability arising out of or in any way connected with
participation in the program. This release shall apply even though liability may arise out of
negligence or carelessness on the part of those discharged including their employees, agents
and volunteers.
This waiver and liability release shall apply to any SAUSD and/or School staff, students,
volunteers, executors or administrators.
I am of lawful age and legally competent to sign this agreement. I understand the terms and
have signed this document, on behalf of the SAUSD and/or School staff, students, and
volunteers, as my own free act.
I have fully informed myself of the contents of this release by reading it before I signed it. I attest
that l am an authorized SAUSD and/or School representative. I realize that by signing this
document I am giving up legal rights to which the SAUSD and/or School staff, students, and
volunteers may be entitled.
0 f
04'a- Tina Douglas
pfi'a r Printed Name
March 24 2017
Date
2
Utility Box Art Pilot Project (Phase Three)
City of Santa Ana
RELEASE OF LIABILITY
Santa Ana Unified School District (SAUSD) / School Information (Please print)
Authorized SAUSD 1 School Representative Name:
LiRia Hallstrom
SAUSD / School Address:
Wilson Elementary School 1317 N. Baker St
City: Santa Ana State: CA Zip: 92ZU__
Emergency Contact: Roxanna Owi
Waiver and Liability Release
I have read and understand the Santa Ana Unified School District Agreement and will adhere to
the rules and regulations set forth wherein and act in a respectful manner while representing the
City of Santa Ana. The SAUSD and/or participating School assumes the responsibility of
mental and physical fitness of the SAUSD and/or School staff, students, and volunteers to
participate in the assignment, and agrees to abide by all rules and requirements of the program.
I also understand that failure to abide by the above may lead to the SAUSD's and/or School's
termination from the program.
I understand that the SAUSD and/or School staff, students, and volunteers are not considered
employees of the City of Santa Ana for purposes of Workers' Compensation, but that the City
provides volunteer accident insurance in excess of any other medical insurance the SAUSD
and/or School staff, students, and volunteers may have. The SAUSD and/or School agree to
comply with the City's policy regarding any injuries any SAUSD and/or School staff, students,
and volunteers incur while under the City's supervision.
The SAUSD and/or School agree to hold harmless the City of Santa Ana, its officers, employees
and volunteers from and against any and all liability arising out of or in any way connected with
participation in the program. This release shall apply even though liability may arise out of
negligence or carelessness on the part of those discharged including their employees, agents
and volunteers.
This waiver and liability release shall apply to any SAUSD and/or School staff, students,
volunteers, executors or administrators.
I am of lawful age and legally competent to sign this agreement. I understand the terms and
have signed this document, on behalf of the SAUSD and/or School staff, students, and
volunteers, as my own free act.
have fully informed myself of the contents of this release by reading it before I signed it. I attest
that I am an authorized SAUSD andlor School representative. I realize that by signing this
document i am giving up legal rights to which the SAUSD and/or School staff, students, and
volunteers may be entitled.
Y� Tina Douglas
Si re Printed Name
March 24, 2017
Date
'ra