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HomeMy WebLinkAbout25C - AGMT ARTIST GRANT PROGRAMREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 17, 2018 TITLE: INVESTING IN THE ARTIST GRANT PROGRAM FISCAL YEAR 2018-2019 (STRATEGIC PLAN NO. 5,51B) r RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2o° Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve the Arts and Culture Commission's recommendations for Fiscal Year 2018-2019 Investing in the Artist Grant Opportunity in the amount of $70,000; 2. 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, beginning July 17, 2018 and expiring July 16, 2019, subject to non -substantive changes approved by the City Manager and City Attorney, as follows: a. Marina C. Aguilera (Artist) will create a mosaic tile public art piece in downtown depicting Santa Ana's green parrots, in the amount of $3,000. b. Rogelio Reyes aka Roger Eyes R. (Artist) will create portraits of past and present labor workers from Santa Ana exhibit them at the Downtown Art Walk, in the amount of $3,000. c. Kimberly Janet Duran (Artist) will create a public art exhibition in downtown, in the amount of $2,000. d. Greg Camphire (Artist) will provide two musical performances at the Heritage Museum and the Santa Ana Public Library highlighting people, places, and histories of Santa Ana, in the amount of $2,000. e. Ann Phong (Artist) will produce an art exhibition highlighting environmental awareness themes at the John Wayne Airport and the Vietnamese American Arts & Letters Association (VAALA), in the amount of $2,000. f. Bud Herrera (Artist) will create murals in downtown with images from the city's history and cultural heritage, in the amount of $2,000. g. Vietnamese American Arts & Letters Association (Organization) will produce a free filmmaking workshop series that will engage Santa Ana youth in digital filmmaking and storytelling, in the amount of $6,820. h. The Orange County Center for Contemporary Art (Organization) will provide a 3 -month series of hands-on workshops, art field trips, and guest artist presentations to students from the Santa Ana Unified School District, in the amount of $6,770. i. Media Arts Santa Ana (Organization) will provide a multifaceted, multi -venue tribute to science fiction author and former Santa Ana resident Phillip K. Dick with free admission to Santa Ana residents, students, and teachers, in the amount of $6,690. 25C-1 Investing in The Artist Grant Program Fiscal Year 2018-2019 July 17, 2018 Page 2 j. Heritage Museum of Orange County (Organization) will develop a mural with Santa Ana artists, students, and residents, depicting the rich cultural heritage capturing two historic milestones of Santa Ana: the 150th year anniversary of the founding in 1869 and the 130th year anniversary of the Santa Ana Unified School District, in the amount of $6,210. k. Active Learning Believe and Inspire [ALBI] (Organization) in partnership with the Delhi Center summer camp will provide visual art and poetry lessons for students ages 5-15 depicting their own personal community superheroes, and showcase the work created by the students at various venues throughout the city, in the amount of $6,190. I. Orange County Children's Therapeutic Arts Center (Organization) will produce a large- scale youth art exhibition featuring the work of middle school students celebrating Santa Ana youth, history, culture, and diversity in partnership with the Mexican Consulate, Cambodian Family Community Center, and Southland Integrated Services, in the amount of $6,030. m. Outreach, Claire Trevor School of the Arts, UC Irvine (Organization) will provide scholarships for Santa Ana High School students to participate in college and career pathways in the arts workshops including transportation and meals, in the amount of $6,010. n. EI Centro Cultural de Mexico (Organization) will produce a Dia del Nino, or Day of the Child event on April 28, 2019, a free family arts festival celebrating the traditional Latin- American holiday that honors the important role of the child in the family and society in the amount of $5,690. o. Delhi Center (Organization) will present the history of the Delhi neighborhood through a permanent artistic display of student artwork capturing the history of the neighborhood since the late 1860's installed in the center's lobby in the amount of $5,590. ARTS AND CULTURE COMMISSION At a Special Meeting on July 2, 2018, the Arts and Culture Commission (ACC) recommended that City Council approve the Investing in the Artist Grant Opportunity funding recommendation for Fiscal Year 2018-2019 by a vote of 4:0 (Pena and Rubio absent). DISCUSSION For the past three years, the "Investing in the Artist Grant Opportunity' has distributed funds averaging $75,000 per year to assist artists, arts organizations, and community organizations who live and/or create work in the City of Santa Ana to enrich and invigorate the city's arts and culture landscape. This year, a total of $70,000 is available to be awarded to selected applicants. The grant funding may be applied towards artistic needs small and large, depending on the proposal. Often times, artists are faced with financial barriers and the grant will serve as a catalyst to further their endeavors. Grants for arts organizations and collectives would support special events, arts and 25C-2 Investing in The Artist Grant Program Fiscal Year 2018-2019 July 17, 2018 Page 3 cultural programming, marketing efforts, and nonprofit essentials; such as, materials, supplies, special event production, artist fees, and community engagements. Funding will be awarded as follows: • up to $2,500 for emerging artists • up to $5,000 for mid -career and established artists • up to $5,000 for small arts organizations and collectives • up to $10,000 for mid-sized and large arts organizations and collectives The Investing in the Artist Grant Opportunity is entering the fourth year in 2018-2019. Applications were accepted between March 1, 2018 and May 3, 2018. Staff conducted two mandatory information sessions on March 14, 2018 and March 28, 2018. 11 individual artists and 11 nonprofit 501(c)(3) arts organizations applied for a total of 22 applications. A. review panel of five members consisting of artists, arts leaders, and arts educators reviewed and rated the applications. See Exhibits 1-15 for the signed agreements and summary of each applicant's proposal. Artist applications were evaluated on the following criteria: (1) Project Merit & Theme Relevance - 40% (2) Artist Portfolio - 25% (3) Potential Community Impact - 25% (4) Individual Need - 10% Organization applications were evaluated on the following criteria: (1) Project Merit & Theme Relevance - 40% (2) Organization Readiness/Fiscal Responsibility - 25% (3) Potential Community Impact - 25% (4) Organizational Need — 10% Based on the panel's ratings, funding is recommended to be awarded to 6 individual artist applicants and 9 nonprofit 501(c)(3) arts organizations, listed in the charts below, for a total of 15 final awardees, contingent upon staff determination of project feasibility and the ability of the awardee to secure any required permits and/or utilities needed for the project. Individual artists need to score over 60 points and nonprofit 501(c)(3) arts organizations need to score over 80 points to be considered for funding. Four applicants were disqualified because they did not meet the minimum requirements. Individual artist applications and organizations were scored separately taking into account that organizations tend to score higher because they typically have staff and resources to prepare their proposals. Artist applications that scored over 60 points are recommended for awards based on the identified need for their particular project, totaling $14,000, and were given priority before the organizations as seen in the chart below: 25C-3 Investing in The Artist Grant Program Fiscal Year 2018-2019 July 17, 2018 Page 4 ARTIST AVERAGE SCORE AMOUNT RECOMMENDED BY PANEL Marina C. Aguilera 78.6 $3,000 Rogelio Reyes aka Roger Eyes R. 74 $3,000 Kimberly Janet Duran 69.2 $2,000 Greg Cam hire 65.4 $2,000 Ann Phong 63.6 $2,000 Bud Herrera 63.6 $2,000 TOTAL 85.4 $14,000 To be equitable in the distribution of funds to the nine qualifying nonprofit 501(c)(3) arts organizations, the remaining $56,000 in funds were then allocated based on their average score and requested amount. Each organization's amount was then reduced by $2,530 as seen in the chart below. See Exhibit 16 for a detailed explanation of the formula used to determine awarded funds for organizations. ORGANIZATION AVERAGE SCORE AMOUNT RECOMMENDED BY PANEL Vietnamese American Arts & Letters Association (VAALA) 93.5 $6,820 The Orange County Center for Contemporary Art OCCCA) 93 $6,770 Media Arts Santa Ana (MASA) 92.2 $6,690 Heritage Museum of Orange County 87.4 $6,210 ALBI 87.2 $6,190 Orange County Children's Therapeutic Arts Center (OCCTAC) 85.6 $6,030 Outreach, UC Irvine 85.4 $6,010 EI Centro Cultural de Mexico 82.2 $5,690 Delhi Center 81.2 $5,590 TOTAL $56,000 Grantees will meet with staff and be required to submit a final report on outcomes achieved upon the completion of their projects. The first payment will be disbursed at the commencement of the grant period, and the second payment will be disbursed after completion of a final report, which will include documentation for expenses paid, such as receipts, to support grant expenditures. Grantees will also be required to submit a worksheet detailing the date, time, and location of the 25C-4 Investing in The Artist Grant Program Fiscal Year 2018-2019 July 17, 2018 Page 5 workshop/event. Staff will provide the details of the workshops/events to City Council as they become available. STRATEGIC PLAN ALIGNMENT Approval of this item supports Engagement & Sustainability, Strategy B (Generate public and finding for the arts). FISCAL IMPACT the City's efforts to meet Goal Objective 5 (Promote a strong private support and resources to 5 -Community Health, Livability, arts and culture infrastructure), strengthen, expand and stabilize Funds in the amount of $70,000 are anticipated to be available in the CDA Strategic Plan Projects account number (05218018-69152) for expenditure in FY 2018-2019. Steven A. Mendoza Executive Director Community Development Agency SAM/tl APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director 00 Finance and Management Services Agency Exhibits: 1. - 6. Agreements with Artists 7. - 15. Agreements with Organizations 16. Rating Table 25C-5 25C-6 EXHIBIT 1 ARTS AND CULTURE ARTIST GRANT PROGRAM AGREEMENT BETWEEN THE CITY OF SANTA ANA AND MARINA C. AGUILERA This Artist Grant Agreement ("Agreement") is made and entered this 171" day of July, 2018, by and between the City of Santa Ana, a charter City and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"), and Marina C. Aguilera ("Grantee") for the purpose of providing grant funding pursuant to the Investing in the Arts Grant Program. City and Grantee may herein individually be referred to as a "Party" and collectively be referred to as the "Parties" to the Agreement. RECITALS: A. On July 2, 2018, 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"). A true and correct copy of Grantee's Application is attached hereto as Exhibit A and incorporated herein by reference. B. On July 17, 2018, the City Council approved the grant funding for Grantee and authorized the execution of this Agreement. C. In undertaking the performance pursuant to this Agreement, Grantee represents that it is skilled and knowledgeable in the arts and culture arena and that the 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. Fundina. 2.1. Subject to Grantee's performance of all required actions under this Agreement, City shall provide funding, in two disbursements, as detailed below, of an amount not to exceed Three Thousand Dollars ($3,000.00) ("Grant Amount" or "Grant"). 2.2. Grantee will be paid in two (2) installments. First payment will be two-thirds of the funding amount provided above or $1,800.00 and will be provided within thirty (30) days of the full execution of the Agreement by the parties. The second and final payment will include the remaining amount of $1,200.00 and will be issued within thirty (30) days after the Grantee submits to the City all the proper receipts, invoices and final report for the Project. 2.3. Appropriate performance of the Grantee will be determined by City in its sole discretion. City reserves the right to cease funding after the first disbursement detailed above, and to be reimbursed the initial payment, if Grantee's performance is determined to be insufficient or unacceptable in the City's sole discretion. 2.4. City represents that there is no correlation or connection between its selection of individuals for grant awards and an individual's business relationship or potential business relationship with City. 25C-7 EXHIBIT 1 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 3,2018, 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. 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. 3.4. 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. 3.5. 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. 3.6. The Project may not contain advertising, religious art, sexual content, negative or violent imagery, convey political partisanship or include any hidden, subliminal or camouflaged messages or statements of any kind or nature. Appropriateness of the content of the Project will be determined by City in its sole discretion. 3.7. The Project may not include any breach of intellectual property, trademarks, brands, or images of illegal activity, and the Grantee must be the copyright holder for the Project. 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 that has not been cured within 30 days of written notice of such breach. 25C-8 EXHIBIT 1 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, and 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. Grantee shall comply with all governmental requirements that may now or in the future become applicable to its activities under this Agreement. 25C-9 EXHIBIT 1 7.4. This Agreement, including Exhibit A, Application, and any amendments or schedules hereto, contain the full understanding and agreement of the Parties with respect to its subject matter, and no waiver, alteration or modification of any of the provisions to this Agreement shall be binding unless in writing and signed by an authorized officer of both Parties. 7.5. 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. 7.6. 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 (5) 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: Marina C. Aguilera 75 Via Cuidado Rancho Santa Margarita, CA 92688 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 7.7. 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. 7.8. 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. 25C-10 EXHIBIT 1 7.9. 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. 7.10. Grantee grants to City a non-exclusive, irrevocable, transferable, royalty free, worldwide license to use, reproduce, display, distribute, and prepare derivative works, in any form or media at the discretion of the City for the Project conceived, performed or created as a result of this Agreement. 7.11. Grantee and any of the Grantee's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of the City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, work's compensation benefits, injury leave or other leave benefits. 7.12. Neither Party shall assign any rights or obligations under this Agreement. 7.13. Each Party covenants that it presently has no interests and shall not have Interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 7.14. Each Party warrants that they have executed this Agreement knowingly, freely and voluntarily and with full knowledge of its legal consequences. All parties involved warrant and represent that, prior to executing this Agreement, each Party has had the opportunity to review and consider this matter with legal counsel, and that the terms of this Agreement, and its consequences, are fully understood by each Party. 7.15. 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. 7.16. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or Is withdrawn. {Signatures on following page} 25C-11 EXHIBIT 1 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 Raul Godinez II Clerk of the Council City Manager APPROVED AS TO FORM: GRANTEE: Sonia R. Carvalho Marinak. Aguilera J Artist RECOMMENDED FOR APPROVAL: Steven A. Mendoza Executive Director Community Development Agency 25C-12 EXHIBIT 1 EXHIBIT A INVESTING IN THE ARTS GRAIN PROGRAM APPLICATION 25C-13 Name of Applicant: Award Amount: Category: Marina Aguilera $3,000 Artist Artist's Description of Project: EXHIBIT 1 Average Score: 78.6 — 15t My project is a celebration of Santa Ana's History in connection with the "Infamous Green Parrots of Santa Ana" creating these beautiful Green Parrots in ceramic mosaic form which will be inlaid in a rectangular relief, placed in downtown Santa Ana. This Art piece will be relevant to the community, as well as to the beautification of Santa Ana, lasting Artwork for all to enjoy. Artist is based in Santa Ana and proposes to use grant funds for a project in Ward 2. Artist's proposed use of funds: My fondest childhood memories living and growing up in Santa Ana are of the green and red birds I saw and admired around my neighborhood. The history of these parrots is little known among the residents of the city. Their presence is observed throughout the skies. I envision art that will permanently preserve and pass on the story and beauty of the life of the Green Parrot. This has Inspired me to develop the idea for The Santa Ana Green Parrot Mosaic Art relief. This project will consist of Artwork of the legendary Parrots, created in ceramic tiles which will be embedded and Inlaid into a rectangular relief. The size is approximately 4ft long by 2ft wide. The materials needed will consist of: Various mosaic tiled pieces, ceramic paints, glazes, clay for sculpting, grout, the cost for kiln use for kiln firings. adhesives to inlay pieces, a panel for the relief, tools, sculpting tools, firing materials, mounting etc. This art relief, being of inlaid tile will never fade with the elements, ensuring its durability and long lasting beauty will be adored and enjoyed by the community for many generations to come. Answers to Supplemental Questions: Question 1: Please describe any additional City of Santa Ana resources required for your project (permits, public space, licenses etc.) that you are required to obtain? This Green Parrot Mosaic relief will be installed in a private space Downtown Santa Ana. The letter from property Owner, Mr. Ryan Chase is included. Question 2: Is this a new or existing program/project? Yes this a new Art Project that will enhance the art experience to visitors along the historical 4th street in downtown area. Supplemental Question 3: How will the proposed project be presented or shared with the public? Will the art display, event or performance be free and accessible to the public? This proposed Art project will be presented in Ceramic Art form which will be designed and placed onto a rectangular panel. Permanently displayed, free and to be shared with the public. Supplemental Question 4: How will this project enrich the quality of life for Santa Ana residents? This Art project will enrich the quality of life for Santa Ana residents in that they will have: Marina Aguilera Page 1 of 2 25C-14 EXHIBIT 1 • A public Art piece celebrating the richness of Santa Ana's green parrots that everyone can connect with. • The Art is a permanent display to be admired and appreciated. • The Mosaic Art relief to be enjoyed as well as contributing to the beauty of Santa Ana. Supplemental Question 5: Describe how your project will stimulate economic development for the City of Santa Ana. My Art project will stimulate economic development for the City of Santa Ana by adding to the historical narrative of parrots in Santa Ana and Orange County. Visitors to downtown will learn about this rare bird that has inhabited the community for generations. The embedded ceramic parrots and beautiful Art will contribute and be an addition to the established Art. The narrative will be shared with many, bringing tourists to visit this area increasing the economy. Marina Aguilera Page 2 of 2 25C-15 EXHIBIT 2 ARTS AND CULTURE ARTIST GRANT PROGRAM AGREEMENT BETWEEN THE CITY OF SANTA ANA AND ROGELIO REYES This Artist Grant Agreement ("Agreement") is made and entered this 171' day of July, 2018, 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 Rogelio Reyes ("Grantee") for the purpose of providing grant funding pursuant to the Investing in the Arts Grant Program. City and Grantee may herein individually be referred to as a "Party' and collectively be referred to as the "Parties" to the Agreement. RECITALS: A. On July 2, 2018, 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"). A true and correct copy of Grantee's Application is attached hereto as Exhibit A and incorporated herein,by reference. B. On July 17, 2018, the City Council approved the grant funding for Grantee and authorized the execution of this Agreement. C. In undertaking the performance pursuant to this Agreement, Grantee represents that it is skilled and knowledgeable in the arts and culture arena and that the Project created or performed hereunderwill 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 two disbursements, as detailed below, of an amount not to exceed Three Thousand Dollars ($3,000.00) ("Grant Amount" or "Grant"). 2.2. Grantee will be paid in two (2) installments. First payment will be two-thirds of the funding amount provided above or $1,800.00 and will be provided within thirty (30) days of the full execution of the Agreement by the parties. The second and final payment will include the remaining amount of $1,200.00 and will be issued within thirty (30) days after the Grantee submits to the City all the proper receipts, invoices and final report for the Project. 2.3. Appropriate performance of the Grantee will be determined by City in its sole discretion. City reserves the right to cease funding after the first disbursement detailed above, and to be reimbursed the initial payment, if Grantee's performance is determined to be insufficient or unacceptable in the Citys sole discretion. 2.4. City represents that there is no correlation or connection between its selection of individuals for grant awards and an individual's business relationship or potential business relationship with City. 25C-16 EXHIBIT 2 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 3,2018, 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. 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. 3.4. 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. 3.5. 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. 3.6. The Project may not contain advertising, religious art, sexual content, negative or violent imagery, convey political partisanship or include any hidden, subliminal or camouflaged messages or statements of any kind or nature. Appropriateness of the content of the Project will be determined by City in its sole discretion. 3.7. The Project may not include any breach of intellectual property, trademarks, brands, or images of illegal activity, and the Grantee must be the copyright holder for the Project. 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 that has not been cured within 30 days of written notice of such breach. 25C-17 EXHIBIT 2 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, and 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. Grantee shall comply with all governmental requirements that may now or in the future become applicable to its activities under this Agreement. 25C-18 EXHIBIT 2 7.4. This Agreement, including Exhibit A, Application, and any amendments or schedules hereto, contain the full understanding and agreement of the Parties with respect to its subject matter, and no waiver, alteration or modification of any of the provisions to this Agreement shall be binding unless in writing and signed by an authorized officer of both Parties. 7.5. 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. 7.6. 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 (5) 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: Rogelio Reyes 200 W. Columbine Avenue, #12 Santa Ana, CA 92707 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 7.7. 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. 7.8. 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. 25C-19 EXHIBIT 2 7.9. 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. 7.10. Grantee grants to City a non-exclusive, irrevocable, transferable, royalty free, worldwide license to use, reproduce, display, distribute, and prepare derivative works, in any form or media at the discretion of the City for the Project conceived, performed or created as a result of this Agreement. 7.11. Grantee and any of the Grantee's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of the City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, work's compensation benefits, injury leave or other leave benefits. 7.12. Neither Party shall assign any rights or obligations under this Agreement. 7.13. Each Party covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 7.14. Each Party warrants that they have executed this Agreement knowingly, freely and voluntarily and with full knowledge of its legal consequences. All parties involved warrant and represent that, prior to executing this Agreement, each Party has had the opportunity to review and consider this matter with legal counsel, and that the terms of this Agreement, and its consequences, are fully understood by each Party. 7.15. 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. 7.16. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. {Signatures on following page} 25C-20 EXHIBIT 2 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 R. Carvalho City RECOMMENDED FOR APPROVAL: Steven A. Mendoza Executive Director Community Development Agency CITY OF SANTA ANA Raul Godinez II City Manager 01146U 25C-21 EXHIBIT 2 EXHIBIT A INVESTING IN THE ARTS GRANT PROGRAM APPLICATION 25C-22 Name of Applicant: Rogelio Reyes aka Roger Eyes R. Award Amount: Category: $3,000 Artist Artist's Description of Project: EXHIBIT 2 Average Score: 74.0 — 2"d Exhibition named "Another Day in Paradise: Portraying past and present Labor Workers in the Santa Ana Area." It's a combination of art and history, and the reality of some of the people who've helped make this area prosper, succeeding from the 18th century to present day. Artist is based in Santa Ana and proposes to use grant funds for a project in Ward 1 Artist's proposed use of funds: Total of expenditures are fully funded by SA Art Grant. All funds are to be used towards the materials needed to create said artwork, items needed to run and set up the art show and tools needed for online promotion of show and art creation. Answers to Supplemental Questions: Question 1: Please describe any additional City of Santa Ana resources required for your project (permits, public space, licenses etc.) that you are required to obtain? None. The art will be displayed during the art walk in the promenade area. Downtown Inc. has been made aware of project proposal. No license needed to display art, only prior booking of show. Question 2: Is this a new or existing program/project? This is a new project. Question 3: How will the proposed project be presented or shared with the public? Will the art display, event or performance be free and accessible to the public? The exhibition will be held during the Santa Ana Art walk, in the artist Village promenade. The large painted portraits will be hung on white panels spread across the promenade. Question 4: How will this project enrich the quality of life for Santa Ana'residents? I want people to walk away from this exhibition with a sense of the worker as a strong individual who is contributing to this country daily. I want people to walk away recognizing workers in their daily life. I want people to come and identify with what they see on the wall, to find a connection to their your own story and possibly even their family's history. Question 5:Describe how your project will stimulate economic development for the City of Santa Ana. Bringing more of our residents and their buying power out to art walk and spend at shops, galleries and surrounding businesses. Rogelio Reyes aka Roger Eyes R. Page 1 of 1 25C-23 EXHIBIT 3 ARTS AND CULTURE ARTIST GRANT PROGRAM AGREEMENT BETWEEN THE CITY OF SANTA ANA AND KIMBERLY JANET DURAN This Artist Grant Agreement ("Agreement") is made and entered this 17th day of July, 2018, 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 Kimberly -Janet Duran ("Grantee") for the purpose of providing grant funding pursuant to the Investing in the Arts Grant Program. City and Grantee may herein individually be referred to as a "Party" and collectively be referred to as the "Parties" to the Agreement. RECITALS: A. On July. 2, 2018, 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"). A true and correct copy of Grantee's Application is attached hereto as Exhibit A and incorporated herein by reference. B. On July 17, 2018, the City Council approved the grant funding for Grantee and authorized the execution of this Agreement. C. In undertaking the performance pursuant to this Agreement, Grantee represents that it is skilled and knowledgeable in the arts and culture arena and that the 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 two disbursements, as detailed below, of an amount not to exceed Two Thousand Dollars ($2,000.00) ("Grant Amount" or "Grant"). 2.2. Grantee will be paid in two (2) installments. First payment will be two-thirds of the funding amount provided above or $1,200.00 and will be provided within thirty (30) days of the full execution of the Agreement by the parties. The second and final payment will include the remaining amount of $800.00 and will be issued within thirty (30) days after the Grantee submits to the City all the proper receipts, invoices and final report for the Project. 2.3. Appropriate performance of the Grantee will be determined by City in its sole discretion. City reserves the right to cease funding after the first disbursement detailed above, and to be reimbursed the initial payment, if Grantee's performance is determined to be insufficient or unacceptable in the City's sole discretion. 2.4. City represents that there is no correlation or connection between its selection of individuals for grant awards and an individual's business relationship or potential business relationship with City. 25C-24 EXHIBIT 3 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 3,2018, 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. 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. 3.4. 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. 3.5. 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. 3.6. The Project may not contain advertising, religious art, sexual content, negative or violent imagery, convey political partisanship or include any hidden, subliminal or camouflaged messages or statements of any kind or nature. Appropriateness of the content of the Project will be determined by City in its sole discretion. 3.7. The Project may not include any breach of intellectual property, trademarks, brands, or images of illegal activity, and the Grantee must be the copyright holder for the Project. 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 that has not been cured within 30 days of written notice of such breach. 25C-25 EXHIBIT 3 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, and 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. Grantee shall comply with all governmental requirements that may now or in the future become applicable to its activities under this Agreement. 25C-26 EXHIBIT 3 7.4. This Agreement, including Exhibit A, Application, and any amendments or schedules hereto, contain the full understanding and agreement of the Parties with respect to its subject matter, and no waiver, alteration or modification of any of the provisions to this Agreement shall be binding unless in writing and signed by an authorized officer of both Parties. 7.5. 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. 7.6. 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 (5) 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: Kimberly Janet Duran 204 E. 41' Street, #A8 Santa Ana, CA 92701 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 7.7. 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. 7.8. 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. 25C-27 EXHIBIT 3 7.9. 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. 7.10. Grantee grants to City a non-exclusive, irrevocable, transferable, royalty free, worldwide license to use, reproduce, display, distribute, and prepare derivative works, in any form or media at the discretion of the City for the Project conceived, performed or created as a result of this Agreement. 7.11. Grantee and any of the Grantee's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of the City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, work's compensation benefits, injury leave or other leave benefits. 7.12. Neither Party shall assign any rights or obligations under this Agreement. 7.13. Each Party covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 7.14. Each Party warrants that they have executed this Agreement knowingly, freely and voluntarily and with full knowledge of its legal consequences. All parties involved warrant and represent that, prior to executing this Agreement, each Party has had the opportunity to review and consider this matter with legal counsel, and that the terms of this Agreement, and its consequences, are fully understood by each Party. 7.15. 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. 7.16. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. {Signatures on following page} 25C-28 EXHIBIT 3 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 Raul Godinez II Clerk of the Council City Manager APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: Steven A. Mendoza Executive Director Community Development Agency GRANTEE: KI berly JaWDura Artist 25C-29 EXHIBIT 3 EXHIBIT A INVESTING IN THE ARTS GRANT PROGRAM APPLICATION 25C-30 Name of Applicant: Award Amount: Category: Kimberly Duran $2,000 Artist Artist's Description of Project: EXHIBIT 3 Average Score: 69.2 — 3'd My proposal for the artist grant is a year-round public art exhibition that will be set in the existing Outdoor Art Alley in Downtown Santa Ana. My goal is to utilize the existing walls as a canvas for the exhibition. It will create a geographical location in the downtown of the city that will attract not only locals, and tourist but other creative individuals to utilize the artwork for potential collaborative projects. This exhibition will be free to the public, as well as accessible to all kinds of people, tourist, locals of all ages. Artist is based in Santa Ana and proposes to use grant funds for a project in Ward 2. Artist's proposed use of funds: Funding will provide artist with Materials for paint, masking and prepping materials as well as buff paint and rollers to help maintain the art throughout the year to assist with keeping it clean and buffing vandalism. Grant will also assist artist with purchasing professional ladders to assist with execution of artwork. Artist will also use funds towards marketing and advertising Art alley online, in person and via Social Media. Artist will create visuals and document creation of exhibition to help promote Art alley and market area to increase tourism and create a landmark space in Downtown as an outdoor art alley. Answers to Supplemental Questions: Question 1: Please describe any additional City of Santa Ana resources required for your project (permits, public space, licenses etc.) that you are required to obtain? No permits nor licenses are required. Artist already has a public space as well as permission from property owner to paint artwork. Question 2: Is this a new or existing program/project? This is an existing project. Question 3: How will the proposed project be presented or shared with the public? Will the art display, event or performance be free and accessible to the public? Artwork will be free of charge and accessible to the public as well as friendly to all age groups. Exhibition will be located off 3rd and Bush street directly in Front of Yost theater where tons of people congregate and have free access to artwork on their daily commutes. Question 4: How will this project enrich the quality of life for Santa Ana residents? This project will enrich the city by providing free access to art exhibition. Open spaces for public to collaborate with artist free of charge to utilize artwork for potential Photography, Film and Backdrops that are accessible to everyone as well as create more content for online/social media promotion. Artwork will also celebrate various ethnicity and beautify the spaces that will encompass the art making it more inviting to community. It will add to the public art scene as well as amplifying the heart of the city as a Haven for Art and enrich the Artist District. Kimberly Duran Page 1 of 2 25C-31 EXHIBIT 3 Question 5: Describe how your project will stimulate economic development for the City of Santa Ana. "The sign of a great state or a great city is the strength of its cultural life." This project will create an effort to improve the economic well-being and quality of life for the community by creating diversity in Public Art as well as generating additional revenue for surrounding businesses from Tourist. Study show the importance of public arts and culture as an effective product for tourism professionals both domestically and internationally. As well as identifying Downtown Santa Ana as a thriving geographical Artist District. Kimberly Duran Page 2 of 2 25C-32 EXHIBIT 4 ARTS AND CULTURE ARTIST GRANT PROGRAM AGREEMENT BETWEEN THE CITY OF SANTA ANA AND GREG CAMPHIRE This Artist Grant Agreement ("Agreement") is made and entered this 171" day of July, 2018, 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 Greg Camphire ("Grantee") for the purpose of providing grant funding pursuant to the Investing in the Arts Grant Program. City and Grantee may herein individually be referred to as a "Party' and collectively be referred to as the "Parties" to the Agreement. RECITALS: A. On July 2, 2018, 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"). A true and correct copy of Grantee's Application is attached hereto as Exhibit A and incorporated herein by reference. B. On July 17, 2018, the City Council approved the grant funding for Grantee and authorized the execution of this Agreement. C. In undertaking the performance pursuant to this Agreement, Grantee represents that it is skilled and knowledgeable in the arts and culture arena and that the 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 two disbursements, as detailed below, of an amount not to exceed Two Thousand Dollars ($2;000.00) ("Grant Amount" or "Grant"). 2.2. Grantee will be paid in two (2) installments. First payment will be two-thirds of the funding amount provided above or $1,200.00 and will be provided within thirty (30) days of the full execution of the Agreement by the parties. The second and final payment will include the remaining amount of $800.00 and will be issued within thirty (30) days after the Grantee submits to the City all the proper receipts, invoices and final report for the Project. 2.3. Appropriate performance of the Grantee will be determined by City in its sole discretion. City reserves the right to cease funding after the first disbursement detailed above, and to be reimbursed the initial payment, if Grantee's performance is determined to be insufficient or unacceptable in the City's sole discretion. 2.4. City represents that there is no correlation or connection between its selection of individuals for grant awards and an individual's business relationship or potential business relationship with City. 25C-33 EXHIBIT 4 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 3,2018, 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. 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. 3.4. 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. 3.5. 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. 3.6. The Project may not contain advertising, religious art, sexual content, negative or violent imagery, convey political partisanship or include any hidden, subliminal or camouflaged messages or statements of any kind or nature. Appropriateness of the content of the Project will be determined by City in its sole discretion. 3.7. The Project may not include any breach of intellectual property, trademarks, brands, or images of illegal activity, and the Grantee must be the copyright holder for the Project. 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 that has not been cured within 30 days of written notice of such breach. 25C-34 EXHIBIT 4 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, and 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. Grantee shall comply with all governmental requirements that may now or in the future become applicable to its activities under this Agreement. 25C-35 WN: II-3kCA 7.4. This Agreement, including Exhibit A, Application, and any amendments or schedules hereto, contain the full understanding and agreement of the Parties with respect to its subject matter, and no waiver, alteration or modification of any of the provisions to this Agreement shall be binding unless in writing and signed by an authorized officer of both Parties. 7.5. 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. 7.6. 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 (5) 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: Greg Camphire 322 Wakeham Avenue Santa Ana, CA 92701 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 7.7. 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. 7.8. 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. 25C-36 IWA: n ]1z! 7.9. Any funds provided under this Agreement that are not expended, obligated or otherMse committed by the termination or expiration of this Agreement shall be immediately returned to City. 7.10. Grantee grants to City a non-exclusive, irrevocable, transferable, royalty free, worldwide license to use, reproduce, display, distribute, and prepare derivative works, in any form or media at the discretion of the City for the Project conceived, performed or created as a result of this Agreement. 7.11. Grantee and any of the Grantee's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of the City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, work's compensation benefits, injury leave or other leave benefits. 7.12. Neither Party shall assign any rights or obligations under this Agreement. 7.13. Each Party covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 7.14. Each Party warrants that they have executed this Agreement knowingly, freely and voluntarily and with full knowledge of its legal consequences. All parties involved warrant and represent that, prior to executing this Agreement, each Party has had the opportunity to review and consider this matter with legal counsel, and that the terms of this Agreement, and Its consequences, are fully understood by each Party. 7.15. 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. 7.16. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. {Signatures on following page} 25C-37 EXHIBIT 4 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 R. Carvalho RECOMMENDED FOR APPROVAL: Steven A. Mendoza Executive Director Community Development Agency CITY OF SANTA ANA Raul Godinez II City Manager GRANTEE: G G1eg Camphire rtist 25C-38 EXHIBIT 4 EXHIBIT A INVESTING IN THE ARTS GRANT PROGRAM APPLICATION 25C-39 Name of Applicant: Award Amount: Category: Greg Camphire $2,000 Artist Artist's Description of Project: _ 01#1M, Average Score: 65.4-411, My project intends to feature the city in two location -specific performances featuring my original music as the soundtrack to people, places, cultures, and historical narratives in Santa Ana. My musical approach unites acoustic and electronic instruments that interact with the surrounding environment of each performance area. My skills as a writer also help to infuse my music with a storytelling sensibility, opening new windows through which residents can experience their surroundings. I intend to highlight how Santa Ana residents are global citizens, connected to many of the world's art forms and cultures right here in our city. Artist is based in Santa Ana and proposes to use grant funds for a project in Wards 2, 5, and 6. Artist's proposed use of funds: Funds would be used to purchase supplies and resources specific to the completion of this project. These would include music equipment, especially sound amplification gear suitable to produce live outdoor performances, as well as specific technology such as MIDI Sprout. A venue stipend will be included for the Heritage Museum, while additional performer honorariums will be provided to my potential collaborators for the Alex Odeh performance at the Santa Ana Public Library. Answers to Supplemental Questions: Question 1: Please describe any additional City of Santa Ana resources required for your project (permits, public space, licenses etc.) that you are required to obtain? The majority of these performances will be staged on private property owned by organizations or individuals. The only exception is the Alex Odeh performance on the lawn of the Santa Ana Public Library. The library's employees have informed me that this may only require the proper insurance liability, and I am working with them to ensure that those needs will be met if/when the performances takes place in 2019. Question 2: Is this a new or existing program/project? This is a new project, intended to highlight the people, places, and histories of Santa Ana. However, I have previous experience in staging similar performances that combine original music with multimedia productions, including film soundtracks, parades, and theatrical variety shows. Question 3: How will the proposed project be presented or shared with the public? Will the art display, event or performance be free and accessible to the public? All performances in this proposed series will be free and accessible to the public, with dedicated bilingual outreach to the surrounding neighborhoods of each performance. Photos and recorded video of the performances will also be made available for online viewing following the live events. Greg Camphire Page 1 of 2 25C-40 I:*:1:11-3111i! Question 4: How will this project enrich the quality of life for Santa Ana residents? Santa Ana residents already have a wealth of enriching places, people, and ideas right in front of them, all over the city. My project intends to expose elements that may have been overlooked, and place them in a new context. In turn, I hope to inspire residents to continue viewing these and other parts of their city with fresh perspectives, so that they are empowered to enrich their own lives with the art, culture, and science that surrounds them daily. Question 5:Describe how your project will stimulate economic development for the City of Santa Ana. Directly, my project will stimulate attendance at locations including the Heritage Museum and the Santa Ana Public Library. Indirectly, my project encourages civic participation, engagement with arts and culture, and curiosity about the city that can lead to other forms of development and stimulation. Greg Camphire Page 2 of 2 25C-41 EXHIBIT 5 ARTS AND CULTURE ARTIST GRANT PROGRAM AGREEMENT BETWEEN THE CITY OF SANTA ANA AND ANN PHONG This Artist Grant Agreement ("Agreement") is made and entered this 17'" day of July, 2018, 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 Ann Phohg ("Grantee") for the purpose of providing grant funding pursuant to the Investing in the Arts Grant Program. City and Grantee may herein individually be referred to as a "Party" and collectively be referred to as the "Parties" to the Agreement. RECITALS: A. On July 2, 2018, 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"). A true and correct copy of Grantee's Application is attached hereto as Exhibit A and incorporated herein by reference. B. On July 17, 2018, the City Council approved the grant funding for Grantee and authorized the execution of this Agreement. C. In undertaking the performance pursuant to this Agreement, Grantee represents that it is skilled and knowledgeable in the arts and culture arena and that the 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 two disbursements, as detailed below, of an amount not to exceed Two Thousand Dollars ($2,000.00) ("Grant Amount" or "Grant"). 2.2. Grantee will be paid in two (2) installments. First payment will be two-thirds of the funding amount provided above or $1,200.00 and will be provided within thirty (30) days of the full execution of the Agreement by the parties. The second and final payment will include the remaining amount of $800.00 and will be issued within thirty (30) days after the Grantee submits to the City all the proper receipts, invoices and final report for the Project. 2.3. Appropriate performance of the Grantee will be determined by City in its sole discretion. City reserves the right to cease funding after the first disbursement detailed above, and to be reimbursed the initial payment, if Grantee's performance is determined to be insufficient or unacceptable in the City's sole discretion. 2.4. City represents that there is no correlation or connection between its selection of individuals for grant awards and an individual's business relationship or potential business relationship with City. 25C-42 EXHIBIT 5 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 3,2018, 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. 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. 3.4. 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. 3.5. 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. 3.6. The Project may not contain advertising, religious art, sexual content, negative or violent imagery, convey political partisanship or include any hidden, subliminal or camouflaged messages or statements of any kind or nature. Appropriateness of the content of the Project will be determined by City in its sole discretion. 3.7. The Project may not include any breach of intellectual property, trademarks, brands, or images of illegal activity, and the Grantee must be the copyright holder for the Project. 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 that has not been cured within 30 days of written notice of such breach. 25C-43 EXHIBIT 5 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, and 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 herebyfully 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. Grantee shall comply with all governmental requirements that may now or in the future become applicable to its activities under this Agreement. 25C-44 EXHIBIT 5 7.4. This Agreement, including Exhibit A, Application, and any amendments or schedules hereto, contain the full understanding and agreement of the Parties with respect to its subject matter, and no waiver, alteration or modification of any of the provisions to this Agreement shall be binding unless in writing and signed by an authorized officer of both Parties. 7.5. 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. 7.6. 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 (5) 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: Ann Phong 13626 Beach Street Cerritos, CA 90703 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 7.7. 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. 7.8. 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. 25C-45 EXHIBIT 5 7.9. 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. 7.10. Grantee grants to City a non-exclusive, irrevocable, transferable, royalty free, worldwide license to use, reproduce, display, distribute, and prepare derivative works, in any form or media at the discretion of the City for the Project conceived, performed or created as a result of this Agreement. 7.11. Grantee and any of the Grantee's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of the City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, work's compensation benefits, injury leave or other leave benefits. 7.12. Neither Party shall assign any rights or obligations under this Agreement. 7.13. Each Party covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 7.14. Each Parry 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. 7.15. 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. 7.16. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. {Signatures on following page} 25C-46 EXHIBIT 5 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 R. Carvalho 0 Attorney RECOMMENDED FOR APPROVAL: Steven A. Mendoza Executive Director Community Development Agency CITY OF SANTA ANA Raul Godinez II City Manager GRANTEE: 25C-47 EXHIBIT 5 EXHIBIT A INVESTING IN THE ARTS GRANT PROGRAM APPLICATION 25C-48 Name of Applicant: Award Amount: Category: Ann Phong $2,000 Artist Artist's Description of Project: EXHIBIT 5 Average Score: 63.6 — 5'" This project is to create the awareness of our living environment, with paintings that express the multiple viewpoints of human habitat. My paintings focus on the environmental issues: Some human creates comfortable place to live. Others who are careless or greedy in money do create harmful environment for themselves and others. The finished paintings will be exhibited at the John Wayne Airport (18601 Airport Way. Santa Ana, CA) in October of 2019, at the international terminal hallway exhibition walls. After that, the artworks will exhibit at VAALA Center for public view (1600 N, Broadway, Santa Ana 92706) in June 2020. Artist is not based in Santa Ana. Artist proposes to use grant funds for a project based in Santa Ana in Wards 1 and 2. Artist's proposed use of funds: $2000 will be used for purchasing artwork materials to create 20 large paintings. They are three- dimensional, relief like mixed media art. $800, will be used for self -guided trip to observe the Santa Ana's unique houses and buildings within a 10 months' time frame. Then create 20 paintings that relate to the beauty of city clean dwellings vs the polluted areas in other cities on earth. $2190 will be used for attending the international seminar that discusses the effects of pollution in our environment. The grant will financially support me taking some time off from work and will also let me learn more on the subject matter that I want to pursue in my art. Answers to Supplemental Questions: Question 1: Please describe any additional City of Santa Ana resources required for your project (permits, public space, licenses etc.) that you are required to obtain? No need for any additional City resource. I paint in my studio. Question 2: Is this a new or existing program/project? This is a new project/exhibition at John Wayne Airport in October 2019. The artworks will also be exhibited in VAALA Art Center in June 2020. Question 3: How will the proposed project be presented or shared with the public? Will the art display, event or performance be free and accessible to the public? The exhibition will be organized in October 2019 and will be displayed in the international terminal hallways. The audience come from many different cities and countries on earth. John Wayne Airport is one of the biggest airports in Southern California. If my artwork is exhibited there, my message will have a farther -reaching audience, for art is a language we can all understand and this is a planet we all share. When the exhibition travel to VAALA Center (1600 N, Broadway, Santa Ana, CA 92706) in June 2020, it welcomes public to come in to enjoy and study. Ann Phong Page 1 of 2 25C-49 EXHIBIT 5 Question 4: How will this project enrich the quality of life for Santa Ana residents? My artworks represent the Santa Ana residents to present their environmental awareness to everybody through art to the people who travel in and out the Orange County biggest airport. Question 5: Describe how your project will stimulate economic development for the City of Santa Ana.: Strong art beautifies the exhibition space, and enriches the viewers' mind. Ann Phong Page 2 of 2 25C-50 EXHIBIT 6 ARTS AND CULTURE ARTIST GRANT PROGRAM AGREEMENT BETWEEN THE CITY OF SANTA ANA AND BUD HERRERA This Artist Grant Agreement ("Agreement") is made and entered this 171° day of July, 2018, 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 Bud Herrera ("Grantee") for the purpose of providing grant funding pursuant to the Investing in the Arts Grant Program. City and Grantee may herein individually be referred to as a "Party" and collectively be referred to as the "Parties" to the Agreement. RECITALS: A. On July 2, 2018, 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"). A true and correct copy of Grantee's Application is attached hereto as Exhibit A and incorporated herein by reference. B. On July 17, 2018, the City Council approved the grant funding for Grantee and authorized the execution of this Agreement. C. In undertaking the performance pursuant to this Agreement, Grantee represents that it is skilled and knowledgeable in the arts and culture arena and that the 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 two disbursements, as detailed below, of an amount not to exceed Two Thousand Dollars ($2,000.00) ("Grant Amount" or "Grant"). 2.2. Grantee will be paid in two (2) installments. First payment will be two-thirds of the funding amount provided above or $1,200.00 and will be provided within thirty (30) days of the full execution of the Agreement by the parties. The second and final payment will include the remaining amount of $800.00 and will be issued within thirty (30) days after the Grantee submits to the City all the proper receipts, invoices and final report for the Project. 2.3. Appropriate performance of the Grantee will be determined by City in its sole discretion. City reserves the right to cease funding after the first disbursement detailed above, and to be reimbursed the initial payment, if Grantee's performance is determined to be insufficient or unacceptable in the City's sole discretion. 2.4. City represents that there is no correlation or connection between its selection of individuals for grant awards and an individual's business relationship or potential business relationship with City. 25C-51 424:11#1 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 3,2018, 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. 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. 3.4. 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. 3.5. 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. 3.6. The Project may not contain advertising, religious art, sexual content, negative or violent imagery, convey political partisanship or include any hidden, subliminal or camouflaged messages or statements of any kind or nature. Appropriateness of the content of the Project will be determined by City in its sole discretion. 3.7. The Project may not include any breach of intellectual property, trademarks, brands, or images of illegal activity, and the Grantee must be the copyright holder for the Project. 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 that has not been cured within 30 days of written notice of such breach. 25C-52 EXHIBIT 6 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, and 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. Grantee shall comply with all governmental requirements that may now or in the future become applicable to its activities under this Agreement. 25C-53 EXHIBIT 6 7.4. This Agreement, including Exhibit A, Application, and any amendments or schedules hereto, contain the full understanding and agreement of the Parties with respect to its subject matter, and no waiver, alteration or modification of any of the provisions to this Agreement shall be binding unless in writing and signed by an authorized officer of both Parties. 7.5. 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. 7.6. 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 (5) 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: Bud Herrera 204 E. 4th Street, #A8 Santa Ana, CA 92701 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 7.7. 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. 7.8. 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. 25C-54 EXHIBIT 6 7.9. 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. 7.10. Grantee grants to City a non-exclusive, irrevocable, transferable, royalty free, worldwide license to use, reproduce, display, distribute, and prepare derivative works, in any form or media at the discretion of the City for the Project conceived, performed or created as a result of this Agreement. 7.11. Grantee and any of the Grantee's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of the City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, work's compensation benefits, injury leave or other leave benefits. 7.12. Neither Party shall assign any rights or obligations under this Agreement. 7.13. Each Party covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 7.14. Each Party warrants that they have executed this Agreement knowingly, freely and voluntarily and with full knowledge of its legal consequences. All parties involved warrant and represent that, prior to executing this Agreement, each Party has had the opportunity to review and consider this matter with legal counsel, and that the terms of this Agreement, and its consequences, are fully understood by each Party. 7.15. 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. 7.16. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. {Signatures on following page} 25C-55 EXHIBIT 6 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 R. Carvalho FOR APPROVAL: Steven A. Mendoza Executive Director Community Development Agency CITY OF SANTA ANA Raul Godinez II City Manager GRANTEE: � u Herrera Artist 25C-56 EXHIBIT 6 EXHIBIT A INVESTING IN THE ARTS GRANT PROGRAM APPLICATION 25C-57 EXHIBIT 6 Name of Applicant: Award Amount: Category: Average Score: Bud Herrera $2,000 Artist 63.6 — 61" Artist's Description Project: Create cultural murals on a public wall and public alley that will celebrate various cultures as well as empower the community. Murals will amplify the public spaces and educate the locals as well as tourist on the cities diverse heritage and history. Artist will also provide live art entertainment and help educate their community by painting imagery that is derived from the cities colorful history. Artist is based in Santa Ana and proposes to use grant funds for a project in Ward 2. Artist's proposed use of funds: Funding will provide materials for murals to be painted i.e., paint, aerosol and brushes. As well as purchasing of professional equipment like ladders and prepping materials for masking. Grant will also fund artist to help market the artwork and location including promotional materials like stickers and advertising. Answers to Supplemental Questions: Question 1: Please describe any additional City of Santa Ana resources required for your project (permits, public space, licenses etc.) that you are required to obtain? Artist already has a public space as well as permission from property owner to paint artwork. No licenses nor permits are required to obtain. Question 2: Is this a new or existing program/project? Yes, this is already an existing project. Question 3: How will the proposed project be presented or shared with the public? Will the art display, event or performance be free and accessible to the public? Project will provide Murals free of charge and accessible to the public as well as friendly to all age groups. Question 4: How will this project enrich the quality of life for Santa Ana residents? Mural project will enrich the city by embracing Cultural diversity and Heritage through Public Art. It will promote open spaces for public to collaborate with artist free of charge to utilize artwork for potential Photography, Videography and Backdrops that are accessible to everyone as well as create more content for online/social media promotion and distribution. Artwork will also celebrate various ethnicity and embrace cultures of all types. Murals will beautify the spaces that will encompass the art making it more inviting to community. It will add to the public art scene as well as amplifying the Downtown Artist Scene. Bud Herrera Page 1 of 2 25C-58 EXHIBIT 6 Question 5: Describe how your project will stimulate economic development for the City of Santa Ana. This project will celebrate the multi -cultural neighborhoods of Santa Ana. It will create an effort to improve the economic well-being and quality of life for the community by creating diversity in Public Art as well as generating additional revenue for surrounding businesses from Tourist and visitors. The importance of public arts and culture are an effective product for tourism both local and internationally. As well as recognizing Downtown Santa Ana as a thriving geographical Artist District. Bud Herrera Page 2 of 2 25C-59 25C-60 EXHIBIT 7 ARTS AND CULTURE ARTIST GRANT PROGRAM AGREEMENT BETWEEN THE CITY OF SANTA ANA AND VIETNAMESE AMERICAN ARTS & LETTERS ASSOCIATION This Artist Grant Agreement ("Agreement") is made and entered this 170 day of July, 2018, 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 Vietnamese American Arts & Letters Association ("Grantee") for the purpose of providing grant funding pursuant to the Investing in the Arts Grant Program. City and Grantee may herein individually be referred to as a "Party" and collectively be referred to as the "Parties" to the Agreement. RECITALS: A. On July 2, 2018, 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"). A true and correct copy of Grantee's Application is attached hereto as Exhibit A and incorporated herein by reference. B. On July 17, 2018, the City Council approved the grant funding for Grantee and authorized the execution of this Agreement. C. In undertaking the performance pursuant to this Agreement, Grantee represents that it is skilled and knowledgeable in the arts and culture arena and that the Project created or performed hereunderwill 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. Fundina. 2.1. Subject to Grantee's performance of all required actions under this Agreement, City shall provide funding, in two disbursements, as detailed below, of an amount not to exceed Six Thousand, Eight Hundred, Twenty Dollars ($6,820.00) ("Grant Amount" or "Grant"). 2.2. Grantee will be paid in two (2) installments. First payment will be one-half of the funding amount provided above or $3,410.00 and will be provided within thirty (30) days of the full execution of the Agreement by the parties. The second and final payment will include the remaining amount of $3,410.00 and will be issued within thirty (30) days after the Grantee submits to the City all the proper receipts, invoices and final report for the Project. 2.3. Appropriate performance of the Grantee will be determined by City in its sole discretion. City reserves the right to cease funding after the first disbursement detailed above, and to be reimbursed the initial payment, if Grantee's performance is determined to be insufficient or unacceptable in the City's sole discretion. 25C-61 EXHIBIT 7 2.4. City represents that there is no correlation or connection between its selection of institutions or organizations for grant awards and an institution or organization'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 3, 2018, 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. 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. 3.4. 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. 3.5. 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. 3.6. The Project may not contain advertising, religious art, sexual content, negative or violent imagery, convey political partisanship or include any hidden, subliminal or camouflaged messages or statements of any kind or nature. Appropriateness of the content of the Project will be determined by City in its sole discretion. 3.7. The Project may not include any breach of intellectual property, trademarks, brands, or images of illegal activity, and the Grantee must be the copyright holder for the Project. 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. 25C-62 EXHIBIT 7 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 that has not been cured within 30 days of written notice of such breach. 4.2. In the event the Agreement is terminated under Section 4.1, City reserves the right to require Grantee to refund any or all grant funds awarded to Grantee under this Agreement, and Grantee agrees to refund to City any or all grant funds awarded under this Agreement. 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, and 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. 25C-63 EXHIBIT 7 7.3. Grantee shall comply with all governmental requirements that may now or in the future become applicable to its activities under this Agreement. 7.4. This Agreement, including Exhibit A, Application, and any amendments or schedules hereto, contain the full understanding and agreement of the Parties with respect to its subject matter, and no waiver, alteration or modification of any of the provisions to this Agreement shall be binding unless In writing and signed by an authorized officer of both Parties. 7.5. 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. 7.6. 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 (5) 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: Vietnamese American Arts & Letters Association 1600 N. Broadway, #210 Santa Ana, CA 92706 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 7.7. 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. 7.8. 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 25C-64 EXHIBIT 7 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. 7.9. 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. 7.10. Grantee grants to City a non-exclusive, irrevocable, transferable, royalty free, worldwide license to use, reproduce, display, distribute, and prepare derivative works, in any form or media at the discretion of the City for the Project conceived, performed or created as a result of this Agreement. 7.11. Grantee and any of the Grantee's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of the City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, work's compensation benefits, injury leave or other leave benefits. 7.12. Neither Party shall assign any rights or obligations under this Agreement. 7.13. Each Party covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 7.14. Each Party warrants that they have executed this Agreement knowingly, freely and voluntarily and with full knowledge of its legal consequences. All parties involved warrant and represent that, prior to executing this Agreement, each Party has had the opportunity to review and consider this matter with legal counsel, and that the terms of this Agreement, and its consequences, are fully understood by each Party. 7.15. 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. 7.16. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. (Signatures on following page) 25C-65 EXHIBIT 7 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 R. Carvalho RECOMMENDED FOR APPROVAL: Steven A. Mendoza Executive Director Community Development Agency CITY OF SANTA ANA Raul Godinez City Manager GRANTEE: VA9V,,A Ysa Le Executive Director 25C-66 EXHIBIT 7 EXHIBIT A INVESTING IN THE ARTS GRANT PROGRAM APPLICATION 25C-67 EXHIBIT 7 Name of Applicant: Award Amount: Category: Average Score: Vietnamese American $6,820 Organization 93.5 — 19t Arts & Letters Association (VAALA) Organization's Description of Project: Youth in Motion: A Workshop for Emerging Filmmakers will engage Santa Ana -based youth in a 12 -week skills -based workshop centered on digital filmmaking and storytelling. Participants will produce their own short films to premiere at the 2018 Viet Film Fest, community screenings in Santa Ana and an open mic showcase event in partnership with common ground oc and VietRISE. Organization is based in Santa Ana and proposes to use grant funds to provide arts and culture programming in Wards 1-6. Organization's proposed use of funds: A grant from the City of Santa Ana Investing in the Artist grant will enable VAALA to offer a series of skills -based workshops to youth living in Santa Ana led by filmmaking mentors and professionals. Over a 12 -week period, 25 Santa Ana -based youth participants between the ages of 15-25 years old will learn basic skills and tools for digital filmmaking and work collaboratively to produce their own short films to premiere at the 2018 Viet Film Fest on October 12-14, 2018 at the AMC Orange 30 (Outlets of Orange). The screening will be free and open to the public. Sessions will include guest speakers and training from the local and Vietnamese American filmmaking community. The 2018 Youth in Motion program will focus on the themes of social justice and cultural diversity in Santa Ana to encourage participants to think critically about the world they live in and how to use storytelling and filmmaking.as a way to highlight the diverse communities in Santa Ana. Additionally, VAALA will host two free community screenings in publicly accessible venues in Santa Ana, one of which will culminate in a community arts showcase and open mic presented in collaboration with common ground and VietRISE. common ground is an Orange County open mic series based in Santa Ana organized by progressive Vietnamese American community members, artists, and activists committed to cultivating a positive and safe healing space for artistic growth and community empowerment. VietRISE is a newly formed community-based organization with aims to support and strengthen civic engagement and organizing efforts within the Vietnamese community in Orange County. Its goals are to create opportunities for leadership development, increase civic participation, and foster transformative relationships and practices in the community. Through a $10,000 Investing in the Artists grant, VAALA will: -Encourage and empower self-expression, confidence among Santa Ana youth -Develop a sense of Santa Ana community -orientation and art appreciation -Familiarize youth to filmmaking and the many aspects of the art form -Expose 25 multi-ethnic youth to networking opportunities, expand career options, while developing practical job skills through artistic development -Create opportunities for 10 filmmaking artists to serve diverse communities in Santa Ana -Increase the diversity of voices and stories in media and film -Improve the quality of life of Santa Ana residents through community -centered film screenings and a multi -art showcase Vietnamese American Arts & Letters Association (VAALA) Page 1 of 3 25C-68 EXHIBIT 7 The Investing in the Artist grant will directly fund Youth in Motion Program Coordinators and support, Filmmaker Mentor Stipends, rental of filmmaking gear, editing software license and the Youth in Motion community screenings and multi -art showcase events with an expected audience of 1,000 people. Answers to Supplemental Questions: Question 1: Please describe any additional City of Santa Ana resources required for your project (permits, public space, licenses etc.) that you are required to obtain? With the support of common ground and VietRISE, VAALA will identify a space in Santa Ana that is accessible to all Santa Ana residents. Possible locations include Heritage Museum of Orange County, Godinez Fundamental High School, Valley High School and other areas in Santa Ana that VAALA may not have traditionally reached (Wards 4 & 6 in particular). Question 2: Is this a new or existing program/project? Youth in Motion: A Program for Emerging Filmmakers was launched in 2014 but this is the first time in which participants will be recruited specifically from within the City of Santa Ana. Question 3: How will the proposed project be presented or shared with the public? Will the art display, event or performance be free and accessible to the public? Youth in Motion participants will premiere their films at the annual Viet Film Fest on October 12- 14, 2018 at the AMC Orange 30 (Outlets of Orange). The screening will be free and accessible to the general public. Additionally, VAALA will host two, free community screenings in Santa Ana. One of the free screenings will also be produced in partnership with common ground open mic and VietRISE and will provide a safe and accessible space for creative expression through poetry, spoken word, music, dance, visual and performance art. Question 4: How will this project enrich the quality of life for Santa Ana residents? As of 2010, more than 50% of Orange County's population consisted of people of color. Through our extensive network of community partners, VAALA aims to create a diverse, inclusive and multilingual art event that welcomes and engages voices and perspectives in Santa Ana that may not historically been given an artistic platform. Providing opportunities for artistic enrichment and engagement beyond the bounds of the "Santa Ana Artists Village" acknowledges the importance of all communities (and wards) in Santa Ana and the desire to bring the transformative impact of creative expression to all communities. Most importantly, Youth in Motion and its events will center youth stories and creates opportunities to foster artistic leadership and career pathways. Question 5: Describe how your project will stimulate economic development for the City of Santa Ana. With a specific focus on film mentorship, Youth in Motion invites a cross-section of Vietnamese and Asian American Pacific Islander (AAPI) filmmakers to share, mentor and train Santa Ana - based youth. Past mentors have included filmmakers Vincent Tran (B -BOYS), Gen -a Hamamoto (THE CRUMBLES), Duc Nguyen (BOLINAO 52, STATELESS), Timothy Linh Bui (GREEN DRAGON, THREE SEASONS) and Thien Do (FUNNY MONEY, THE FADING LIGHT). Through Vietnamese American Arts & Letters Association (VAALA) Page 2 of 3 25C-69 L42H-- 7 the shared lens our immigrant and refugee communities, the mentors bring their personal experiences and filmmaking passion to the table and help the youth envision a career pathway for themselves. This serves the purpose of fostering a vital, fresh and inspired artistic force in the City of Santa Ana with a desire to continue bringing local stories to life through the medium of film. Vietnamese American Arts & Letters Association (VAALA) Page 3 of 3 25C-70 i*:cn:3IN111111:3 ARTS AND CULTURE ARTIST GRANT PROGRAM AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE ORANGE COUNTY CENTER FOR CONTEMPORARY ART This Artist Grant Agreement ("Agreement") is made and entered this 17"' day of July, 2018, 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 The Orange County Center for Contemporary Art ("Grantee") for the purpose of providing grant funding pursuant to the Investing in the Arts Grant Program. City and Grantee may herein individually be referred to as a "Party' and collectively be referred to as the "Parties" to the Agreement. RECITALS: A. On July 2, 2018, 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"). A true and correct copy of Grantee's Application is attached hereto as Exhibit A and incorporated herein by reference. B. On July 17, 2018, the City Council approved the grant funding for Grantee and authorized the execution of this Agreement. C. In undertaking the performance pursuant to this Agreement, Grantee represents that it Is skilled and knowledgeable in the arts and culture arena and that the Project created or performed hereunderwill 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 two disbursements, as detailed below, of an amount not to exceed Six Thousand, Seven Hundred, Seventy Dollars ($6,770.00) ("Grant Amount" or "Grant"). 2.2. Grantee will be paid in two (2) installments. First payment will be one-half of the funding amount provided above or $3,385.00 and will be provided within thirty (30) days of the full execution of the Agreement by the parties. The second and final payment will include the remaining amount of $3,385.00 and will be issued within thirty (30) days after the Grantee submits to the City all the proper receipts, invoices and final report for the Project. 2.3. Appropriate performance of the Grantee will be determined by City in its sole discretion. City reserves the right to cease funding after the first disbursement detailed above, and to be reimbursed the initial payment, if Grantee's performance is determined to be insufficient or unacceptable in the City's sole discretion. 25C-71 EXHIBIT 8 2.4. City represents that there is no correlation or connection between its selection of institutions or organizations for grant awards and an institution or organization'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 3, 2018, 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. 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. 3.4. 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. 3.5. 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. 3.6. The Project may not contain advertising, religious art, sexual content, negative or violent imagery, convey political partisanship or include any hidden, subliminal or camouflaged messages or statements of any kind or nature. Appropriateness of the content of the Project will be determined by City in its sole discretion. 3.7. The Project may not include any breach of intellectual property, trademarks, brands, or images of illegal activity, and the Grantee must be the copyright holder for the Project. 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. 25C-72 EXHIBIT 8 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 that has not been cured within 30 days of written notice of such breach. 4.2. In the event the Agreement is terminated under Section 4.1, City reserves the right to require Grantee to refund any or all grant funds awarded to Grantee under this Agreement, and Grantee agrees to refund to City any or all grant funds awarded under this Agreement. 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, and 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. 25C-73 EXHIBIT 8 7.3. Grantee shall comply with all governmental requirements that may now or in the future become applicable to its activities under this Agreement. 7.4. This Agreement, including Exhibit A, Application, and any amendments or schedules hereto, contain the full understanding and agreement of the Parties with respect to its subject matter, and no waiver, alteration or modification of any of the provisions to this Agreement shall be binding unless in writing and signed by an authorized officer of both Parties. 7.5. 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. 7.6. 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 (5) 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: The Orange County Center for Contemporary Art 117 Sycamore Street Santa Ana, CA 92701 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 7.7. 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. 7.8. 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 25C-74 EXHIBIT 8 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. 7.9. 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. 7.10. Grantee grants to City a non-exclusive, irrevocable, transferable, royalty free, worldwide license to use, reproduce, display, distribute, and prepare derivative works, in any form or media at the discretion of the City for the Project conceived, performed or created as a result of this Agreement. 7.11. Grantee and any of the Grantee's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of the City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, work's compensation benefits, injury leave or other leave benefits. 7.12. Neither Party shall assign any rights or obligations under this Agreement. 7.13. Each Party covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 7.14. Each Party warrants that they have executed this Agreement knowingly, freely and voluntarily and with full knowledge of its legal consequences. All parties involved warrant and represent that, prior to executing this Agreement, each Party has had the opportunity to review and consider this matter with legal counsel, and that the terms of this Agreement, and its consequences, are fully understood by each Party. 7.15. 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. 7.16. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. {Signatures on following page} 25C-75 EXHIBIT 8 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 R. Carvalho RECOMMENDED FOR APPROVAL: Steven A. Mendoza Executive Director Community Development Agency CITY OF SANTA ANA Raul Godinez II City Manager GRANTEE: Orange County Center for Contemporary Art 25C-76 EXHIBIT 8 EXHIBIT A INVESTING IN THE ARTS GRANT PROGRAM APPLICATION 25C-77 Name of Applicant: The Orange County Center for Contemporary Art (OCCCA) Award Amount: Category: $6,770 Organization Organization's Description of Project: EXHIBIT 8 Average Score: 93 — 2nd "Art For All" Arts Outreach Program (AFA), facilitated by the Orange County Center for Contemporary Art, provides Free art workshops to the Santa Ana Community. "AFA" offers participants (of all ages and skill levels), the opportunity to learn to create artworks in a variety of mixed media. AFA will reach out to the underserved population of students from the Santa Ana Unified School District through a 3 -month series of hands-on arts art workshops, art fieldtrips and guest artist presentations. Students will explore various landscapes, venues and artists that represent the cultural richness and beauty of Santa Ana's History. Organization is based in Santa Ana and proposes to use grant funds to provide arts and culture programming in Ward 2. Organization's proposed use of funds: We are asking for funding for an Art ForAll (AFA), Arts Outreach to Garfield Elementary School, in SAUSD. The proposed AFA Arts Outreach Workshop series will be provided to participating Garfield students and will run for approx. 3 months with one artworkshop perweek, (during school hours), for a total of 12 workshops. Themes will focus on the History and Culture of Santa Ana. Workshops will include: hands-on art making, art field trips and guest artist presentations. Proposed dates: Weekly from January 16, 2018 through April 10th, 2019. (day- time tba). A student art exhibition (of works created in the workshops) to culminate the experience will be held in May or June 2019. (date tba) Funding will pay for: Hands-on Art Workshops, Art Field trips, Guest Artist Presentations, Art Workshop Supplies and Bus Rental. Request for $10,000 (see detailed narrative below) 1. Artist -Educator Stipends for prep / teaching art workshops: $7,200 Total 12 workshops @ $300 per workshop x 2 educators = (Two Artist -educators @ $3,600 each) Workshops Stipends Include all the work time involved in prepping and teaching the workshops: Artist Educators will be creating lesson plans, pre -lesson PowerPoint presentation for students, purchasing and preparing art supplies for workshops. They will also be facilitating the hands-on art workshops and presentations in the classroom and on various field trips. For the culmination they will be selecting and preparing artwork for student art exhibition. (Our OCCCA Artist Educator team has decades of professional experience as practicing fine artists and art educators.) 2. Guest Artist Presentations: Guest Artist Lecturer Stipends : $1,000 total (Four Guest Artsists @ $250 each) The Orange County Center for Contemporary Art (OCCCA) Page 1 of 3 25C-78 EXHIBIT 8 Guest Artists will give a one-time presentation about their artwork and practice including a discussion / Q & A., to participating Garfield Elementary school students. The Guest Artist Lecture Presentations will take place in various locations: a. Local Artist Ann Phong presentation will be held in the school classroom as a power point lecture w/ Q & A. b. Local Artist Abe Moya Jr. of the Santa Ana Artists Coalition presentation will be held on site at the location of one of the coalition murals. c. Local Artist John Ing presentation will be held on site at the OCCCA gallery during his solo exhibition. d. Local Poet Marcus Amari Poetry presentation will be held in the school classroom w/ Q & A after the reading. (All of our Artist Educators and Guest Artist Lecturers are practicing artists, arts advocates and active members of Santa Ana Community Arts Organizations.) 3. Supplies: Art Supplies for workshops : $1,350 Total For the purchasing of perishable and non-perishable multi -media art supplies, for use by the students to create artworks in AFA hands-on workshop series. Supplies will include but not limited to : Acrylic paints, water colors, various brushes, pastels, pencils, various papers, wood, glue, rulers, printmaking supplies and various other mixed media supplies tba.... 4. Field Trip Rental: Bus Rental for Museum field trip : $450 Total A bus will be rented to transport students on a field trip from Garfield Elementary to Bowers Museum and then back to Garfield. (All other field trips will be walking distance from school) Answers to Supplemental Questions: Question 1: Please describe any additional City of Santa Ana resources required for your project (permits, public space, licenses etc.) that you are required to obtain? Not applicable. Question 2: Is this a new or existing program/project? It is an expansion of OCCCA's "Art For All" Arts Outreach Program. This new expansion will include a three month partnership -outreach with -to Garfield Elementary School providing hands- on workshops to participating students along with Art field trips and Guest Artist Lecturers, exploring, celebrating and reflecting on the vibrant Culture and History of Santa Ana. History of "Art For All" (AFA): Because OCCCA is an unsalaried, artist member run 501c3, programs such as "Art for All" can only be facilitated with the allocation of grant funds. The "Art for All" Arts Outreach Program (AFA), was established by the Orange County Center For Contemporary Art, in 2013, through the The Orange County Center for Contemporary Art (OCCCA) Page 2 of 3 25C-79 EXHIBIT 8 financial support of the OC Arts Initiative Grant. AFA began as an on-site program, held at the OCCCCA Gallery, providing free hands-on art workshops to the public, in conjunction with the art exhibition on view. In 2016, "Art For All" facilitated a 12 week AFA Arts Mentorship program, partnering with the Corbin Center for at risk families, and provided art workshops and an exhibition to their teen population. AFA arts outreach programming has been made possible through grant funds from 2013 to 2016. Question 3: How will the proposed project be presented or shared with the public? Will the art display, event or performance be free and accessible to the public? The proposed program "Art For All" will focus its outreach to the Santa Ana Unified School District, which is part of the public school system. We will specifically be outreaching to Garfield Elementary School in Santa Ana. A three month series of FREE hands-on Arts workshops, Guest Artist Lectures and Arts Field trips will be provided to public school students from Garfield Elementary School. Participating students will have the opportunity to create collaborative and Individual projects in a variety of mixed media, while gaining tools/skills, inspiration, and a positive access to their imagination and creativity. Workshops, presentations and field trip themes will explore and reflect the past and present Culture and History of Santa Ana. Workshops will culminate in a student art exhibition (of artwork created in the workshops). This exhibition will be held at Garfield and OCCCA. The exhibition held at OCCCA will be Free and open to the public. Question 4: How will this project enrich the quality of life for Santa Ana residents? Arts and cultural programming play an important role in cultivating and enriching our communities. By providing opportunities for participation in accessible and free art outreach, all levels of society can take part and benefit, regardless of income levels and status. Participation In Art programs can increase: self-worth and esteem; ability to solve problems; a connection to others; skill set, self understanding and personal empowerment through creative expression. The arts provide: a meaningful and positive use of time and can give a renewed meaning, purpose and inspiration to lives that may otherwise be stressful and difficult. The arts cultivate a positive vehicle with which to express, engage, educate and communicate with friends, family and community. Our AFA arts outreach program will engage the underserved population of SAUSD school students, who are in need of and have lack of hands-on art programming in their school. Specifically, Art For All will outreach to and partner with Garfield Elementary School (in SAUSD). Garfield Elementary School is a recipient of free lunch programs. Garfield has expressed the need and desire for hands on arts programming and they are excited to participate in the Art For All Arts Outreach Program. Via hands-on art workshops and various field trips into the city's vast cultural landscape and venues, we seek to enrich the lives of these participating students and plant a creative seed so they may continue to cultivate their imagination through the process of art making and art appreciation. Question 5: Describe how your project will stimulate economic development for the City of Santa Ana. All of the Artist / Educators and Guest Artist Lecturer's that are being paid for their participation in this grant are either residents of Santa Ana or are actively working members and/or staff of 501 c3 Arts Organizations located in the city of Santa Ana. The Orange County Center for Contemporary Art (OCCCA) Page 3 of 3 25C-80 EXHIBIT 9 ARTS AND CULTURE ARTIST GRANT PROGRAM AGREEMENT BETWEEN THE CITY OF SANTA ANA AND MEDIA ARTS SANTA ANA This Artist Grant Agreement ("Agreement") Is made and entered this 171h day of July, 2018, 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 Media Arts Santa Ana ("Grantee") for the purpose of providing grant funding pursuant to the Investing in the Arts Grant Program. City and Grantee may herein individually be referred to as a "Party" and collectively be referred to as the "Parties" to the Agreement. RECITALS: A. On July 2, 2018, 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"). A true and correct copy of Grantee's Application is attached hereto as Exhibit A and incorporated herein by reference. B. On July 17, 2018, the City Council approved the grant funding for Grantee and authorized the execution of this Agreement. C. In undertaking the performance pursuant to this Agreement, Grantee represents that it is skilled and knowledgeable in the arts and culture arena and that the 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 bath 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 two disbursements, as detailed below, of an amount not to exceed Six Thousand, Six Hundred, Ninety Dollars ($6,690.00) ("Grant Amount" or "Grant"). 2.2. Grantee will be paid in two (2) installments. First payment will be one-half of the funding amount provided above or $3,345.00 and will be provided within thirty (30) days of the full execution of the Agreement by the parties. The second and final payment will include the remaining amount of $3,345.00 and will be issued within thirty (30) days after the Grantee submits to the City all the proper receipts, invoices and final report for the Project. 2.3. Appropriate performance of the Grantee will be determined by City in its sole discretion. City reserves the right to cease funding after the first disbursement detailed above, and to be reimbursed the initial payment, if Grantee's performance is determined to be insufficient or unacceptable In the City's sole discretion. 2.4. City represents that there is no correlation or connection between its selection of institutions or organizations for grant awards and an institution or organization's business relationship or potential business relationship with City. 25C-81 EXHIBIT 9 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 3, 2018, 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. 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. 3.4. 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. 3.5. 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. 3.6. The Project may not contain advertising, religious art, sexual content, negative or violent imagery, convey political partisanship or include any hidden, subliminal or camouflaged messages or statements of any kind or nature. Appropriateness of the content of the Project will be determined by City in its sole discretion. 3.7. The Project may not include any breach of intellectual property, trademarks, brands, or images of illegal activity, and the Grantee must be the copyright holder for the Project. 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 that has not been cured within 30 days of written notice of such breach. 25C-82 EXHIBIT 9 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 Llabllity. 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, and 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. Grantee shall comply with all governmental requirements that may now or in the future become applicable to its activities under this Agreement. 25C-83 WCi-M01 7.4. This Agreement, including Exhibit A, Application, and any amendments or schedules hereto, contain the full understanding and agreement of the Parties with respect to its subject matter, and no waiver, alteration or modification of any of the provisions to this Agreement shall be binding unless in writing and signed by an authorized officer of both Parties. 7.5. 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. 7.6. 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 (5) business days after the date of mailing if sent by registered or certified U.S. mail, postage prepaid, with return receipt requested; (il) 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: Media Arts Santa Ana P.O. Box 1816 Santa Ana, CA 92702 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 7.7. 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. 7.8. 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. 25C-84 EXHIBIT 9 7.9. 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. 7.10. Grantee grants to City a non-exclusive, irrevocable, transferable, royalty free, worldwide license to use, reproduce, display, distribute, and prepare derivative works, in any form or media at the discretion of the City for the Project conceived, performed or created as a result of this Agreement. 7.11. Grantee and any of the Grantee's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of the City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, work's compensation benefits, injury leave or other leave benefits. 7.12. Neither Party shall assign any rights or obligations under this Agreement. 7.13. Each Party covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 7.14. Each Party warrants that they have executed this Agreement knowingly, freely and voluntarily and with full knowledge of its legal consequences. All parties involved warrant and represent that, prior to executing this Agreement, each Party has had the opportunity to review and consider this matter with legal counsel, and that the terms of this Agreement, and its consequences, are fully understood by each Party. 7.15. This Agreement represents the entire agreement and understanding between the parties, and supersedes any and all prior agreements and understandings between the parties, whether orator written. 7.16. 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 damages to City in the event that such authority or power is not, in fact is withdrawn. {Signatures on following page} 25C-85 fees, for any injuries or , held by the signatory or DocuSign Envelope ID: DAEE8CFC-8FDB-47D4-BCAF-1EC5FBBEF427 EXHIBIT 9 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: RECOMMENDED FOR APPROVAL: Steven A. Mendoza Executive Director Community Development Agency CITY OF SANTA ANA Raul Godinez II City Manager GRANTEE: Name: Victor FraAn Title: Director, Media Arts Santa Ana DocuSlgned by; Name: um Title:oirector of Finance Community Partners 11 25C-86 EXHIBIT 9 EXHIBIT A INVESTING IN THE ARTS GRANT PROGRAM APPLICATION 25C-87 EXHIBIT 9 Name of Applicant: Award Amount: Category: Average Score: Media Arts Santa Ana $6,690 Organization 92.2 -3rd (MASA) Artist's Description of Project: Media Arts Santa Ana (MASA) will partner with New York's acclaimed Philip K. Dick Film Festival to: 1. Curate a local tribute to visionary artist and former Santa Ana resident Philip K. Dick (PKD) as part of the 9th OC Film Fiesta in October 2018; 2. Launch a Multicultural Dystopian/Science Fiction Short Film Challenge; and 3. Bring the Philip K. Dick Film Festival to Santa Ana in March 2019. Winning films created during the challenge will be screened in the PKD Festival, providing international exposure to local filmmakers and Santa Ana's history as the author's home and literary inspiration. Organization is based in Santa Ana and proposes to use grant funds to provide arts and culture programming in Wards 2, 3, 5, and 6. Organization's proposed use of funds: Funds from the Investing in the Artist grant will be used to produce, present and promote a multifaceted, multi -venue tribute to visionary science fiction author and former Santa Ana resident, Philip K. Dick (PKD), and to provide free admission to Santa Ana residents, students and teachers. Proposed use of funds includes artist stipends, travel, lodging, printing, marketing, and rental fees for films, equipment and venues. Funds will also be utilized for website development, video documentation, and for vigorous outreach to activate communities and populations in Santa Ana underserved by the arts. Taking its lead from the multicultural vision in PKD's work, funds will also be used to will broaden the discussion of diverse ethnic voices and visions in science fiction and speculative literature and film, and to invite judges for the film challenge such as producer Victoria Alonso (Guardians of the Galaxy, Black Panther), writer Roberto Orci (Star Trek), actor Donald Glover (Solo: A Star Wars Story), director Alex Rivera (Sleep Dealer), singer -songwriter Janelle Monae (Dirty Computer), Richard Linklater (A Scanner Darkly) and actor Edward James Olmos (Blade Runner, Battlestar Galactica), whose Youth Cinema Project takes place at Santa Ana High School. This will have an important role in promoting multi-ethnic visions, contributions and opportunities across sectors, including literature, science, philosophy, placemaking, futurism, technology, virtual reality, social justice, equity and inclusion. 9th OC Film Fiesta (October 18-28, 2018): Grant funds will support a special Tribute to Philip K. Dick at Santa Ana College. This tribute will screen filmed adaptations of the author's work, documentaries and present a panel discussion by Philip K. Dick experts. The tribute will have tie- ins with the Santa Ana Public Library to stimulate appreciation of PKD's writings during the 90th Anniversary of the author's birth. In 2013, the Film Fiesta hosted the OC Premiere of Amazon's series, The Man in the High Castle, based on PKD's groundbreaking novel. For the 2018 festival, we will showcase the streaming Media Arts Santa Ana (MASA) Page 1 of 5 25C-88 EXHIBIT 9 series Electric Dreams, a multicultural British -American co -production, which also streams on Amazon. The Santa Ana Philip K. Dick Multicultural Dystopian & Science Fiction Film Challenge (October 2018 - March 2019): This five-month filmmaking challenge will be launched during the 9th OC Film Fiesta in October 2018, and winning films created as part of this challenge will be screened during the 7th Philip K. Dick Film Festival in March 2019. Philip K. Dick Film Festival (March 2019): Funds will be used to bring partner with the Philip K. Dick Film Festival to bring the event to Santa Ana for a historic first presentation of the festival in California, in order to celebrate and recognize Santa Ana's role in inspiring the multicultural world represented in the author's later work. The Philip K. Dick festival will take place in a number of venues, including Picture Show at Main Place, Santa Ana College and the Santa Ana Public Library. Additionally, the festival will also plan a screening and community celebration at the Ebel] Club, which is located one block from Philip K. Dick's home, and other community spaces relevant to Philip K. Dick's history in Santa Ana. The PKD Festival will also host a discussion of PKD's metaphysical VALIS Trilogy, which was written in Santa Ana and is full of stories about the author's time here. Grant funds will print posters, postcards and bookmarks, which will be distributed at libraries and locations throughout Santa Ana to promote artistic engagement from residents, youth, students and visitors from all six wards in the city. We will also support creative placemaking by conducting a "Philip K. Dick Walking Tour" of Santa Ana and creating a "Philip K. Dick Psychogeographic Map," highlighting places where Philip K. Dick lived and frequented in Santa Ana and Orange County. The PKD festival will also be promoted at WonderCon, which takes place in March 2019 at the Anaheim Convention Center. Approximately 40% of PKD Festival submissions come from Southern California, and the PKD community is heavily represented in the LA/OC area. This combines to assure a large turnout of visitors from throughout the region, which would help return the city's investment in this project by creating new customers for local restaurants, businesses and venues participating In the festival. Where possible, grant funds will be used for Santa Ana vendors and businesses in order to broaden the impact of the project's investment in the local arts economy. MASA brings a significant outreach infrastructure that includes more than 2,000 contacts, including local, regional and national media, academics, filmmakers, community organizations, arts organizations, funders and festival fans. We also maintain two websites, www.masamedia.org and www.ocfiilmfiesta.org, which are updated regularly. Additionally, we print and distribute 5,000 postcards, posters and create a colorful pdf festival catalogue, which is uploaded to our website and emailed to our outreach list, providing statewide and national exposure. We also send out regular updates via Mail Chimp and social media before, during and after the festival. The project's impact is communicated via news coverage, social media and presentations to City Council, business groups and community organizations. We receive regular consistent Media Arts Santa Ana (MASA) Page 2 of 5 25C-89 EXHIBIT 9 and generous coverage from the OC Weekly, OC Register, Excelsior, Miniondas, the City of Santa Ana, online events calendars and local Latino electronic and online media outlets. MASA's Radio Partner La Ranchera 96.7 FM, which is based in Santa Ana, will promote the project to more than 420,000 listeners throughout Southern California, We also have outreach partners such as Stay Connected OC, SAUSD and the OCHCC. This helps to maximize our visibility and communicate the value, impact, artistic rigor and accessibility of our programs to over 350,000 people. We also document all our programs via photography and video. Funding from the Santa Ana Investing in the Arts grant is critical to success of this project, and will help leverage the resources of the Film Fiesta and the Philip K. Dick Film Festival to bring the festival to Santa Ana. If funding from the grant is not received, the 2019 Philip K. Dick Festival will be held in New York. Answers to Supplemental Questions: Question 1: Please describe any additional City of Santa Ana resources required for your project (permits, public space, licenses etc.) that you are required to obtain? This project does not currently require additional resources from the city beyond the grant funds. Depending on the diversity of the final screening locations, we may need to request use the new city screening equipment to be used for free outdoor community screenings in parks. Question 2: Is this a new or existing program/project? This collaboration is a new project and for the OC Film Fiesta, which is in its 9th year. The website for the OC Film Fiesta is www.ocfilmfiesta.org, and the trailer for Media Arts Santa Ana (MASA) is viewable at https:/ivimeo.com/252737907 The Philip K. Dick Film Festival is in its 7th season. The website for the festival is www.ThePhilipKDickFilmFestival.com, and the trailer for the 2017 festival is viewable at https:/Ivimeo.com/244124683 The Multicultural Dystopian/Science Fiction Short Film Challenge is a new component, and is part of Media Arts Santa Ana's strategic plan to create a citywide filmmaking challenge. Question 3: How will the proposed project be presented or shared with the public? Will the art display, event or performance be free and accessible to the public? The project will be presented via a series of innovative and engaging events at traditional and non-traditional screening venues, community spaces, schools, the Santa Ana Public Library and sites relevant to Philip K. Dick's life and history in Santa Ana. By selecting venues and sites located throughout the city, this project demonstrates a commitment to accessibility, to geographic diversity and to showcasing diverse cultural spaces located in Santa Ana's often overlooked communities outside of downtown. Attendance to activities funded by the Investing in the Artist grant will be free for all Santa Ana residents, students and teachers. Media Arts Santa Ana (MASA) Page 3 of 5 25C-90 EXHIBIT 9 The Multicultural Dystopian Science Fiction Film Challenge will be launched and promoted during the 9th OC Film Fiesta, and will encourage participation from filmmakers in all six of Santa Ana's wards. The winning films will be presented in Santa Ana as part of the Philip K. Dick Film Festival in March 2019. In addition to providing accessible and affordable prices for Film Fiesta festival passes and tickets to individual screenings, MASA offers low-cost $5 ticket prices to Santa Ana residents, students, teachers and military/veterans. MASA is also committed to free community programming as part of its events, in order to increase accessibility and family participation. MASA utilizes a successful three-month outreach plan, strong media relationships, an extensive outreach list and network of community partners to promote and share the project to the public. The PKD festival will also be promoted at WonderCon, which takes place at the Anaheim Convention Center in March 2019. Question 4: How will this project enrich the quality of life for Santa Ana residents? This project will enrich the quality of life for Santa Ana residents by providing innovative, engaging, participatory and inspirational screenings, discussions and filmmaking opportunities celebrating Santa Ana's most famous author, and visionary science fiction writer Philip K. Dick.. Philip K. Dick is recognized as one of the most prolific sci-fi writers in the world, whose works have been adapted to numerous influential Hollywood releases including Blade Runner, Minority Report, Total Recall and A Scanner Darkly. While the fact that Philip K. Dick spent the last seven years of his life in Santa Ana is known to fans and scholars throughout the world, it is virtually unknown to Santa Ana residents. Few Santaneros know, for example, that PKD wrote three major novels in a small apartment across from St. Joseph's Church, and lived there when film legend Ridley Scott was adapting Dick's story "Do Androids Dream of Electric Sheep?" into the watershed multicultural 1982 Science Fiction classic Blade Runner starring Edward James Olmos. Screenings will be distributed all over Santa Ana so residents have equal access and opportunity to watch the free films. The Short Film competition will energize Santa Ana's citywide film community. Awareness that one of the most beloved writers in the world lived in Santa Ana will be a source of pride for Santa Ana residents, especially youth, aspiring writers, filmmakers and artists. It will spur an important discussion, appreciation and interest in the city's history, revisiting Santa Ana in the late 1970s and reimagining its future. Question 5: Describe how your project will stimulate economic development for the City of Santa Ana. This project will stimulate economic development in Santa Ana by identifying and promoting the city as a major international cultural destination for fans of author Philip K. Dick, science fiction literature and film, speculative fiction, history, metaphysics and Anaheim's WonderCon. The combined resources, visions and fan bases of the OC Film Fiesta and the Philip K. Dick Film Festival will put Santa Ana on the multicultural map for audiences from California to New York, Media Arts Santa Ana (MASA) Page 4 of 5 25C-91 EXHIBIT 9 and in cities where the PKD Festival has been held, including Berlin, Rotterdam and Lille, France This project will attract international tourists, artists, visitors, scholars to Santa Ana, adding an important artistic figure to Santa Ana's cultural legacy, which already Includes Marlon Brando, Dianne Keaton, The Righteous Brothers and Pepito and Joanne. This project fulfills numerous priorities of Santa Ana's Arts Strategic Plan, and is in alignment with the Film Fiesta's mission to celebrate Santa Ana's multicultural history and to stimulate creative cultural development. Since 2010, the Film Fiesta has spotlighted venues and organizations in Santa Ana's six wards, .introducing them to wider audiences. These include SAUSD's SanArts Conservatory, OC Musicians' Association, Frida Cinema, Heritage Museum of OC, LGBT Center on 4th, the Suavecito Pomade Store, and the Bowers Museum. The Short Film Challenge will promote Santa Ana as a film making destination, stimulate investment in digital production in Santa Ana, engage the city's writers and media artists. MASA will showcase important production resources, such as the SAC Digital Media Center and Samy's Camera on Bristol. Media Arts Santa Ana (MASA) Page 5 of 5 25C-92 EXHIBIT 10 ARTS AND CULTURE ARTIST GRANT PROGRAM AGREEMENT BETWEEN THE CITY OF SANTA ANA AND HERITAGE MUSEUM OF ORANGE COUNTY This Artist Grant Agreement ("Agreement") is made and entered this 171' day of July, 2018, 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 Heritage- Museum of -Orange County ("Grantee") for the purpose of providing grant funding pursuant to the Investing in the Arts Grant Program. City and Grantee may herein individually be referred to as a "Party" and collectively be referred to as the "Parties" to the Agreement. RECITALS: A. On July 2, 2018, 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"). A true and correct copy of Grantee's Application is attached hereto as Exhibit A and incorporated herein by reference. B. On July 17, 2018, the City Council approved the grant funding for Grantee and authorized the execution of this Agreement. C. In undertaking the performance pursuant to this Agreement, Grantee represents that it is skilled and knowledgeable in the arts and culture arena and that the Project created or performed hereunderwill 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. Fundina. 2.1. Subject to Grantee's performance of all required actions under this Agreement, City shall provide funding, in two disbursements, as detailed below, of an amount not to exceed Six Thousand, Six Hundred, Ninety Dollars ($6,210.00) ("Grant Amount" or "Grant"). 2.2. Grantee will be paid in two (2) installments. First payment will be one-half of the funding amount provided above or $3,105.00 and will be provided within thirty (30) days of the full execution of the Agreement by the parties. The second and final payment will include the remaining amount of $3,105.00 and will be issued within thirty (30) days after the Grantee submits to the City all the proper receipts, invoices and final report for the Project. 2.3. Appropriate performance of the Grantee will be determined by City in its sole discretion. City reserves the right to cease funding after the first disbursement detailed above, and to be reimbursed the initial payment, if Grantee's performance is determined to be insufficient or unacceptable in the City's sole discretion. 2.4. City represents that there is no correlation or connection between its selection of institutions or organizations for grant awards and an institution or organization's business relationship or potential business relationship with City. 25C-93 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 3, 2018, 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. 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. 3.4. 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. 3.5. 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. 3.6. The Project may not contain advertising, religious art, sexual content, negative or violent imagery, convey political partisanship or include any hidden, subliminal or camouflaged messages or statements of any kind or nature. Appropriateness of the content of the Project will be determined by City.in its sole discretion. 3.7. The Project may not include any breach of intellectual property, trademarks, brands, or images of illegal activity, and the Grantee must be the copyright holder for the Project. 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 that has not been cured within 30 days of written notice of such breach. 25C-94 EXHIBIT 10 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. 5. Indemnification. 6.1. Grantee shall defend, indemnify, protect and hold harmless the City, and its elected and appointed officers, employees, members or agents from and against all claims for damages, liability, cost and expense (including without 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. Grantee shall comply with all governmental requirements that may now or in the future become applicable to its activities under this Agreement. 25C-95 EXHIBIT 10 7.4. This Agreement, including Exhibit A, Application, and any amendments or schedules hereto, contain the full understanding and agreement of the Parties with respect to its subject matter, and no waiver, alteration or modification of any of the provisions to this Agreement shall be binding unless in writing and signed by an authorized officer of both Parties. 7.5. 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. 7.6. 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 (5) 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: Heritage Museum of Orange County 3101 W. Harvard Street Santa Ana, CA 92704 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 7.7. 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. 7.8. 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. 4 25C-96 IOTA :11-3IM101 7.9. 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. 7.10. Grantee grants to City a non-exclusive, irrevocable, transferable, royalty free, worldwide license to use, reproduce, display, distribute, and prepare derivative works, in any form or media at the discretion of the City for the Project conceived, performed or created as a result of this Agreement. 7.11. Grantee and any of the Grantee's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of the City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, work's compensation benefits, injury leave or other leave benefits. 7.12. Neither Party shall assign any rights or obligations under this Agreement. 7.13. Each Party covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 7.14. Each Party warrants that they have executed this Agreement knowingly, freely and voluntarily and with full knowledge of its legal consequences. All parties involved warrant and represent that, prior to executing this Agreement, each Party has had the opportunity to review and consider this matter with legal counsel, and that the terms of this Agreement, and its consequences, are fully understood by each Party. 7.15. 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. 7.16. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. {Signatures on following page} 25C-97 EXHIBIT 10 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 R. Carvalho CityA"ORgy 0 RECOMMENDED FOR APPROVAL: Steven A. Mendoza Executive Director Community Development Agency CITY OF SANTA ANA Raul Godinez II City Manager GRANTEE: Name: moi%C%v-,rA Title: Z,c��,ti•s O�r� 0 25C-98 EXHIBIT 10 EXHIBIT A INVESTING IN THE ARTS GRANT PROGRAM APPLICATION 25C-99 Name of Applicant: Heritage Museum of Orange County Award Amount: Category: $6,210 Organization Organization's description of Project: EXHIBIT 10 Average Score: 87.4 — 4'h "Celebrating Santa Ana: History, Heritage, Culture, Art, and Education" project will bring Santa Ana artists, Santa Ana students, and Santa Ana residents together to develop a mural that emphasizes and depicts the rich cultural heritage of the city and workshops that documents the process from conceptualization to final product of the process. The mural will capture two historic milestones of Santa Ana. First, the 150th anniversary of the founding of Santa Ana in 1869 and the 130th anniversary of Santa Ana Unified School District. Organization is based in Santa Ana and proposes to use grant funds to provide arts and culture programming in Ward 6. Organization's proposed use of funds: "Celebrating Santa Ana: History, Heritage, Culture, Art, and Education" project will bring Santa Ana artists, Santa Ana students, and Santa Ana residents together to develop a mural that emphasizes and depicts the rich cultural heritage of the city and workshops that documents the process from conceptualization to final product of the process. Over the past two years, Heritage Museum has collected data and ideas from community residents, museum stakeholders, and community partners of what they envision the mural to represent. The final mural product will be a amalgamation of two Santa Ana celebrations; Santa Ana Unified School District celebrating 130 years (2018) and City of Santa Ana celebrating 150 years (2019). Our theme of History, Heritage, Culture, Art, and Education will weave the mosaic of layers of Santa Ana into a 15' Height X 80' Length mural located at Heritage Museum (Ward 6). The layers will include natural history (plant habitats and wildlife habits), mixed in with cultural history dating back to Indigenous Tongva to present day city cultural life, and incorporating Santa Ana Unified school history profiling landscapes, buildings, and educator and student profiles. The unique location of Heritage Museum is home to many layers of cultural history such as the Pas Benga (Tongva village) to Rancho Santiago de Santa Ana to Gospel Swamp and much more. Utilizing Heritage Museum's educational model, the project will consist of Artist Educators working with Student Artists from Godinez High School visual and graphic design and photography students. This is confirmed through our community partner at Santa Ana Unified School District with Robyn McNair. Robyn has helped organize the Boca de Oro Literacy Festival in downtown Santa Ana the past couple years and turning SAUSD into a premier arts school district in the county. Our mentor artists will be the experienced coalition of muralists from Orange County Fine Arts Studio. The muralists have made their mark around Santa Ana at various locations throughout downtown and Ward 1. The artists will work collaboratively with our students and community residents in the conceptualization process through completion of the mural. Led by a series of 8 workshops by our muralists, students will learn theory and history of murals, composition (large format painting, basic weight lines), and the final workshops focus on creation of the mural including use of materials. Heritage Museum of Orange County 1 of 3 25C-100 EXHIBIT 10 The purpose of the workshops is generating tools for the execution of the mural through learning of technical knowledge about color, composition, painting, and drawing. Because most of the student artists have no experience with murals, this will be valuable to their education and training in art and provide them with first-hand experience of murals. The muralists will also host Saturday drop in days, in which our Santa Ana community will have the opportunity to assist in creation of the mural. These open art studios will provide general overview of mural creation but be valuable learning experiences for interested community members to learn about their community history. Lastly, Heritage Museum's mission is to preserve our natural and cultural history. The museum will host a series of history talks that focuses on our cultural legacies. These history talks will bring in community historians that will add a contextual background to what is being painted on the mural. This will add a much more enriching experience for our student artists and community members because the history of mural will not just drawn, but the histories of our past figures will have voice. This will also allow the museum to curate a unit of study for local elementary and high school students to visit the mural throughout the school year and interpret what they see and how it relates to the current Santa Ana trends. The project will create a mural that represents the continuity and change of the Santa Ana community, as well as passing the baton to the next generation of community artists. The artists will work directly with the museum's historian to develop a historically and culturally rooted mural design. The museum has already begun gathering information from the community of what should be included in the Santa Ana mural, Lastly, a portion of the grant will also be used print bilingual invites and flyers for the mural's opening public reception which includes appetizers, drinks, and a cultural presentation about the mural. Answers to Supplemental Questions: Question 1: Please describe any additional City of Santa Ana resources required for your project (permits, public space, licenses etc.) that you are required to obtain? Due to the project being on private property, the Heritage Museum should not be required to obtain City of Santa Ana permits. If any permits are deemed to be obtained after the project commences, the museum will file and pull permits through the city. Question 2: Is this a new or existing program/project? While this is a new project for Heritage Museum, this project is part of a vision plan developed in summer 2015. The museum began an initiative to enhance our visitors' outdoor experience on our 12 -acre property. A number of factors came into play: feeling comfortable and welcomed; wayrinding; rest areas; and enhancing the educational and cultural opportunities. Educational kiosks and interpretive panels were installed around the property, two site map kiosks were installed, more benches to slow down and take in the scenery were installed, additional banners and interpretive panels were installed as well. The museum also allocated an artistic cultural space designated for a series of murals depicting Santa Ana and Orange County's cultural and natural history. The cultural arts mural project aligns with the museum's outdoor interpretive plan to enhance the visitors' museum experience. There will be a series of mural depicting not only Santa Ana history, but Orange County as well. As an organization dedicated to preserving Orange County, other cultural murals will incorporate the entire region of Orange County. This Santa Ana mural will add to our existing outdoor interpretive and educational plan and add an artistic expression to the museum grounds. It will also serve as an educational mural to teach our local history through pictorial storytelling. A social science unit of study will be developed along with visual arts standards. Heritage Museum of Orange County 2of3 25C-101 EXHIBIT 10 Question 3: How will the proposed project be presented or shared with the public? Will the art display, event or performance be free and accessible to the public? We believe the phrase a pictures tells a thousand words has deep meaning. A mural representing the over hundred years of Santa Ana history, heritage and culture will surely express thousands of words to our public. Once the mural is complete Heritage Museum will host a grand opening reception for the community. The event will consist of a presentation of the symbolical significance of the mural by a Santa Ana historian. It will also honor the muralist team for their work on the project. The reception will be free to the public. Lastly, since the mural is part of the outdoor interpretive plan, it will be accessible to the public at all times during our museum public hours. This will allow visits to understand the layers of history included in the mural by museum volunteer docents and staff. Question 4: How will this project enrich the quality of life for Santa Ana residents? We believe this project will enrich the quality of life for Santa Ana residents in a numbers of ways. First, Heritage Museum Is located in the southwest area of Santa Ana. While there is a vibrant arts community in downtown, there is a void in other areas of the city. This will enable the local community to enjoy arts and culture without heading downtown by spreading the availability of arts throughout the city. Our Santa Ana community has major transportation issues; this project will bring arts and culture to surrounding neighborhoods. Second, because this project is based on artist and student platform, our student artists will be directly impacted in the process of mural planning and implementation. This will impact the youth in a tremendous way as they becoming the future art leaders of the community. Lastly, the cultural and historical significance of Santa Ana will be permanently displayed for the community at an organization whose mission is to preserve the history and culture of our community. We feel that the interpretive talks that we will host for our community will deepen their connection to the historical heritage of their city and develop a deeper sense of pride in their local history. Question 5: Describe how your project will stimulate economic development for the City of Santa Ana. This project will assist in the economic development of the city by providing resident artists work for a community project. We also feel that this project instills a sense of ownership and deeper understanding of cultural heritage to our student artists. By during this we feel this will have a long term effect on our student community staying in the city, purchasing homes in the city, and working in the city. All these long term factors will increase economic development in the City of Santa Ana. Many students wish to leave the city because they have no deep connection their city. We also feel that the mural will attract more visitors to the museum increasing general operating revenue that filters back into the city. As a southern California attraction the museum's has seen an increase in visitors of 25% in the past two years. Heritage Museum of Orange County 3of3 25C-102 EXHIBIT 11 ARTS AND CULTURE ARTIST GRANT PROGRAM AGREEMENT BETWEEN THE CITY OF SANTA ANA AND ALBI This Artist Grant Agreement ("Agreement") is made and entered this 17"' day of July, 2018, 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 ALBI ("Grantee") for the purpose of providing grant funding pursuant to the Investing in the Arts Grant Program. City and Grantee may herein individually be referred to as a "Party" and collectively be referred to as the "Parties" to the Agreement. RECITALS: A. On July 2, 2018, 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"). A true and correct copy of Grantee's Application is attached hereto as Exhibit A and incorporated herein by reference. B. On July 17, 2018, the City Council approved the grant funding for Grantee and authorized the execution of this Agreement. C. In undertaking the performance pursuant to this Agreement, Grantee represents that it is skilled and knowledgeable in the arts and culture arena and that the 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 two disbursements, as detailed below, of an amount not to exceed Six Thousand, One Hundred, Ninety Dollars ($6,190.00) (`Grant Amount" or "Grant"). 2.2. Grantee will be paid in two (2) installments. First payment will be one-half of the funding amount provided above or $3,095.00 and will be provided within thirty (30) days of the full execution of the Agreement by the parties. The second and final payment will include the remaining amount of $3,095.00 and will be issued within thirty (30) days after the Grantee submits to the City all the proper receipts, invoices and final report for the Project. 2.3. Appropriate performance of the Grantee will be determined by City in its sole discretion. City reserves the right to cease funding after the first disbursement detailed above, and to be reimbursed the initial payment, if Grantee's performance is determined to be insufficient or unacceptable in the City's sole discretion. 2.4. City represents that there is no correlation or connection between its selection of institutions or organizations for grant awards and an institution or organization's business relationship or potential business relationship with City. 25C-103 EXHIBIT 11 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 3, 2018, 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. 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. 3.4. 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. 3.5. 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. 3.6. The Project may not contain advertising, religious art, sexual content, negative or violent imagery, convey political partisanship or include any hidden, subliminal or camouflaged messages or statements of any kind or nature. Appropriateness of the content of the Project will be determined by City in its sole discretion. 3.7. The Project may not include any breach of intellectual property, trademarks, brands, or images of illegal activity, and the Grantee must be the copyright holder for the Project. 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 that has not been cured within 30 days of written notice of such breach. 25C-104 EXHIBIT 11 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, and 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, attorneys 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. Grantee shall comply with all governmental requirements that may now or in the future become applicable to its activities under this Agreement. 25C-105 EXHIBIT 11 7.4. This Agreement, including Exhibit A, Application, and any amendments or schedules hereto, contain the full understanding and agreement of the Parties with respect to its subject matter, and no waiver, alteration or modification of any of the provisions to this Agreement shall be binding unless in writing and signed by an authorized officer of both Parties. 7.5. 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. 7.6. 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 (5) business days after the date of mailing if sent by registered or certified U.S. mail, postage prepaid, with return receipt requested; (li) 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: ALBI 505 E. Central Avenue Santa Ana, CA 92707 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 7.7. 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. 7.8. 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. 25C-106 EXHIBIT 11 7.9. 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, 7.10. Grantee grants to City a non-exclusive, Irrevocable, transferable, royalty free, worldwide license to use, reproduce, display, distribute, and prepare derivative works, in any form or media at the discretion of the City for the Project conceived, performed or created as a result of this Agreement. 7.11. Grantee and any of the Grantee's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of the City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, work's compensation benefits, injury leave or other leave benefits. 7.12. Neither Party shall assign any rights or obligations under this Agreement. 7.13. Each Party covenants that it presently has no Interests and shall not have interests, direct or indirect, which would conflict In any manner with performance of services specified under this Agreement. j,. 7.14. Each Party warrants that they have executed this Agreement knowingly, freely and voluntarily and with full knowledge of its legal consequences. All parties involved warrant and represent that, prior to executing this Agreement, each Party has had the opportunity to review and consider this matter with legal counsel, and that the terms of this Agreement, and its consequences, are fully understood by each Party. 7,15. 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, 7.16. Each undersigned represents and warrants that Its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. {Signatures on following page} 25C-107 EXHIBIT 11 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 R. Carvalho M City RECOMMENDED FOR APPROVAL: Steven A. Mendoza Executive Director Community Development Agency CITY OF SANTA ANA Title: F 25C-108 EXHIBIT 11 EXHIBIT A INVESTING IN THE ARTS GRANT PROGRAM APPLICATION 25C-109 EXHIBIT 11 Name of Applicant: Award Amount: Category: Average Score: ALBI $6,190 Organization 87.2-5'h Organization's Description of Project: Active Learning Believe and Inspire in partnership with the Delhi Center summer camp will provide the opportunityfor students ages 5-15, to create visual art and poetry based on their own personal community superheroes. The varied pieces of artwork will be published and showcased throughout the city at several venues such as DTSA Art walk, Santa Ana Public Libraries and local businesses. The winning poetry piece will be showcased through a song or spoken word and accompanied by a contemporary dance; while the winning art piece will become the cover of the book. Organization is based in Santa Ana and proposes to use grant funds to provide arts and culture programming in Wards 1, 2, and 4. Organization's proposed use of funds: Active Learning Believe and Inspire (ALBI) will use the funding to pay for staff salaries, materials for the projects and the publishing fees. The total amount of funding requested is $6190.00 A teaching artist will spend a total of 39 days teaching various age groups developmentally appropriate lessons in visual art and poetry. Students will be working with the teacher for 50 minutes 5 days a week to learn and create their own works of art that will then be composed into a published book by Classroom Authors. The teaching artist will be paid $25 an hour and have 1 hour to prepare program activities each day and 3 hours of instruction for all age groups. The first 6 weeks, or 24 days, will be spent in the classroom with students. At the beginning of each week, a community hero, such as a police officer, local artist, educator or family member, will visit the class and speak to the students about their career and their goals. Next, the teacher will guide the students to analyze what they learned about this community hero, reflect on their own goals, and write freely to express their thoughts. Students will then analyze and unpack a developmentally appropriate poem related to the hero or subject of the week such as dreams or goals. Additionally, the teacher will lead students into critically thinking and analyzing various pieces of visual art that encapsulate their feelings into a picture. At the end of the week, students will have the chance to present their works of art in front of the class and share their visions. Skill development activities in each discipline of art are based on the California Arts Standards and the developmentally appropriate needs of the students. The curriculum builds in a weekly series that begins with foundational skills then methodically explored and analyzed through a multitude of activities and projects that merge art, expression, self-awareness and end with a culminating performance. Every class encompasses the development of English -Language skills as well as providing opportunities for children to explore, create and innovate their ideas through art. Students explore a wide variety of techniques and methods to produce meaningful artworks ready for showcase. Various materials such as paper, colored pencils, paint and paint brushes, will need to be purchased at a total cost of $700. Throughout the program the community hero's will have a time to judge the material and choose 2 winning pieces by the end of 6 weeks. The winning poetry piece will be showcased through a song or spoken word and accompanied by a contemporary dance; while the winning art piece will become the cover of the book and will be submitted to Classroom Authors to be published. The teacher will spend the remaining 15 days teaching students dance choreography to accompany the poetry through song or spoken word and supporting students at their community ALBI Page 1 of 4 25C-110 EXHIBIT 11 performances. Students will have a chance to showcase their efforts and the published book at various venues such as the end of summer performance at the Delhi Center, Downtown Santa Ana Art Walk, Santa Ana Library and other local business. The cost for each book is $18.00. We will order a total of 150 books. One hundred and fifty books will be distributed to the students and throughout the city of Santa Ana in various venues. Once the book is published and ready to distribute, the teacher, parents and the students will attend one City of Santa Ana Council and one SAUSD board Meeting to share their project and experiences, as well as other venues throughout the city to celebrate the artistic community. Program activities and outcomes are defined based on 4 main areas to encourage positive youth development included in classroom time at the Delhi Center. SKILL BUILDING/CREATING: Youths will learn foundational skills to conceptualize, develop and refine artistic ideas that are methodically explored and analyzed through a multitude of activities combined with problem solving, personal development and gang prevention. Expert artists will conduct classes on Iffe skills, self and body awareness, self-identity, how to resolve conflicts and communication through arts -based lessons. RESPONDING/CONNECTING: Young artists will observe, interpret, analyze, and evaluate novice and professional art work and activities to establish critical thinking skills, increase knowledge through personal experiences, and develop new ideas with societal, cultural and historical context to deepen understanding of the work. Activities will help youths to discover appreciation and inspiration for optimal growth and motivation to achieve personal goals. PERFORMING/PRESENTING: Youths will exercise and refine artistic work to convey meaning through presentation of artwork as individuals and with groups. Students will gain.positive peer interactions, trust, teamwork and belonging to a community by connecting with peers and adults who demonstrate positive social behaviors, networking, supportive mentors and community engagement. Participants will create their presentations to highlight lessons learned through their participation in gang prevention activities and skill development process. RECOGNITION: Young artists will participate in events, attend crime prevention workshops and gain an understanding of humane values, empathy and a sense of social justice. Activities are focused on social and behavioral skills. Students will be recognized for their accomplishments during regular performance evaluations and feedback provided by the instructors as well as by the rewards of participating in the community performances. Program Evaluation will require two forms of assessments to ensure compliance with grant requirements are met, and to evaluate students' progress and outcomes in the community. Result findings will include accurate and complete data and demographics through proper intake and eligibility assessment, tracking of attendance and levels of participation in all program components, tracking of expenditures and staff time with appropriate source documentation. Programmatic outcomes are expected to include an increase in communication, team building and technical skills in visual and performing art, achievement of personal goals, self and body awareness and confidence and a strong commitment to respecting self and their community. Answers to Supplemental Questions: Question 1: Please describe any additional City of Santa Ana resources required for your project (permits, public space, licenses etc.) that you are required to obtain? There are no additional City of Santa Ana resources required to obtain for our project ALBI Page 2 of 4 25C-111 EXHIBIT 11 Question 2: Is this a new or existing program/project? The proposed new program is an addition to the Active Learning and Delhi Center Summer Enrichment program, with more opportunities to expand into the community. ALBI was created as a non-profit organization as an offshoot of Active Learning (AL), which was founded in 1999, with a vision to incorporate a sanctuary in the school setting that models healthy behaviors. Active Learning has served the Santa Ana Community for over 18 years providing arts enrichment education for the SAUSD after-school programs. ALBI was founded in response to the need to provide arts enrichment activities at no cost to Santa Ana youths. After working for years with low income families in the schools, it became evident that the schools cannot serve all children in need of additional guidance and enrichment activities. ALBI was created with the vision to make arts classes' accessible, fun, inspiring and educational beyond the school day. In an attempt to fulfill its vision, Active Learning partnered with Delhi Center in 2016 and 2017 to conduct a pilot Summer Enrichment Camp. Young artists completed daily activities that built their skill level, self-efficacy and worked towards a goal that they exceeded in fulfillment. Each participant surpassed the expectations and won over the audience in their final performance. Students were so affected by the experience of making positive relationships, building skills, self-confidence and bonding with their peers, that they have expressed an awakening need to attend more classes at Delhi Center but cannot afford to due to financial constraints. Question 3: How will the proposed project be presented or shared with the public? Will the art display, event or performance be free and accessible to the public? Arts events may be a source of pride for residents in their community, increasing their sense of connection to that community. The Delhi Center is an integral, supportive icon in the community and acts as a venue that draws people together engaged in constructive social activities and fosters trust in the community. Furthermore, we will be reserving time and space at the Downtown City of Santa Ana Art Walk at the beginning of August. Our students' parents are so supportive and active in their child's life that parents will transport their kids to any of the free venues we schedule performances at. This will also raise the families exposure to the wonderful sites throughout Santa Ana and offer more opportunities for the young artists to showcase what they learned through various free community events including SAUSD School Fair, Delhi center events and Active Learning's Party in the Park. Question 4: How will this project enrich the quality of life for Santa Ana residents? The proposed program focuses on quality youth engagement, enrichment and education during the summer with guiding experts who act as a positive influence on youth. Young artists will gain skill enrichment, self-expression, stress relief and socialization through meaningful activities that will be recognized and rewarded at culminating events throughout the community. This program will sustain healthy bonding with pro social adults and peers to expand opportunities for young Santa Ana artists. ALIBI programs and teachers have been evaluated for effectiveness through classroom practiced lessons for youth with an emphasis in art expression. Students who participate in constructive arts based activities have an increase in cognitive skills, self-control, sense of belonging, and a sense of achievement; as well as increased discipline, stress relief and focus on goals for their future. The arts channel energy into positive quests for better education, stronger family life and rich community. Our programs provide a multitude of opportunities for Santa Ana youth to showcase a powerful personal voice that allows them to both assert their uniqueness and link to others. Artistic expression helps young people learn and improve communication skills through ALBI Page 3 of 4 25C-112 EXHIBIT 11 collaboration in both the visual and performing arts that provide a safe medium for practicing and rediscovering social interaction skills. Young artists will have the opportunities to have decision- making and problem -solving responsibilities and thus feel ownership of the program and an impact on the community. Question 5: Describe how your project will stimulate economic development for the City of Santa Ana. During our fall and winter programs at the Delhi Center, we served a total of 120 students. Seventy-four percent of our participants classified as extremely low income, 24% very low income and 9% low income. Youths and teens living in the Delhi neighborhood qualify as at risk and underprivileged communities face cyclical challenges due to the lack of opportunities to gain insight and recognize their inner gifts in a safe environment. ALBI will improve the summer program by giving artists a chance to voice their creations in poetry, spoken word, song, dance and visual art. Furthermore, our young artists will discover community heroes and their impact in the community, which will inspire our students to become heroes too. ALBI will provide support for young artists to showcase what they learned through various community events including DTSA Art Walk and connecting with local businesses to display the published book in their space. This will also bring awareness to local venues that support the arts throughout Santa Ana. Our students will enhance the community with powerful messages by sharing their published book throughout the city and through their contemporary performances. Moreover, ALBI will offer Santa Ana residents job opportunities to use their artistic backgrounds to teach skills within our program. Currently, many of our teaching artists are Santa Ana residents who feel a sense of empowerment and importance to giving back in our community, especially teaching the arts for youth. ALBI Page 4 of 4 25C-113 EXHIBIT 12 ARTS AND CULTURE ARTIST GRANT PROGRAM AGREEMENT BETWEEN THE CITY OF SANTA ANA AND ORANGE COUNTY CHILDREN'S THERAPEUTIC ARTS CENTER This Artist Grant Agreement ("Agreement") is made and entered this 17th day of July, 2018, 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 Orange -County Child ren's.Therapeutic Arts Center ("Grantee") for the purpose of providing grant funding pursuant to the Investing In the Arts Grant Program. City and Grantee may herein individually be referred to as a "Party" and collectively be referred to as the "Parties" to the Agreement. RECITALS: A. On July 2, 2018, 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"). A true and correct copy of Grantee's Application is attached hereto as Exhibit A and incorporated herein by reference. B. On July 17, 2018, the City Council approved the grant funding for Grantee and authorized the execution of this Agreement. C. In undertaking the performance pursuant to this Agreement, Grantee represents that it is skilled and knowledgeable in the arts and culture arena and that the Project created or performed hereunderwill 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 two disbursements, as detailed below, of an amount not to exceed Six Thousand, Thirty Dollars ($6,030.00)("Grant Amount" or "Grant"). 2.2. Grantee will be paid in two (2) installments. First payment will be one-half of the funding amount provided above or $3,015.00 and will be provided within thirty (30) days of the full execution of the Agreement by the parties. The second and final payment will include the remaining amount of $3,015.00 and will be issued within thirty (30) days after the Grantee submits to the City all the proper receipts, invoices and final report for the Project. 2.3. Appropriate performance of the Grantee will be determined by City in its sole discretion. City reserves the right to cease funding after the first disbursement detailed above, and to be reimbursed the initial payment, if Grantee's performance is determined to be insufficient or unacceptable in the City's sole discretion. 25C-114 114A : I 1 :1111 a V 2.4. City represents that there is no correlation or connection between its selection of institutions or organizations for grant awards and an institution or organization'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 3, 2018, 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. 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. 3.4. 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. 3.5. 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. 3.6. The Project may not contain advertising, religious art, sexual content, negative or violent imagery, convey political partisanship or include any hidden, subliminal or camouflaged messages or statements of any kind or nature. Appropriateness of the content of the Project will be determined by City in its sole discretion. 3.7. The Project may not include any breach of intellectual property, trademarks, brands, or images of illegal activity, and the Grantee must be the copyright holder for the Project. 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. 25C-115 EXHIBIT 12 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 that has not been cured within 30 days of written notice of such breach. 4.2. In the event the Agreement is terminated under Section 4.1, City reserves the right to require Grantee to refund any or all grant funds awarded to Grantee under this Agreement, and Grantee agrees to refund to City any or all grant funds awarded under this Agreement. 5. Limitation of Llabllity. 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, and 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 Cityfrom 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. 25C-116 EXHIBIT 12 7.3. Grantee shall comply with all governmental requirements that may now or in the future become applicable to its activities under this Agreement. 7.4. This Agreement, including Exhibit A, Application, and any amendments or schedules hereto, contain the full understanding and agreement of the Parties with respect to its subject matter, and no waiver, alteration or modification of any of the provisions to this Agreement shall be binding unless in writing and signed by an authorized officer of both Parties. 7.5. 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. 7.6. 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 (5) 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: Orange County Children's Therapeutic Arts Center 2215 N. Broadway Street Santa Ana, CA 92706 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 7.7. 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. 7.8. 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 4 25C-117 EXHIBIT 12 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. 7.9. 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. 7.10. Grantee grants to City a non-exclusive, irrevocable, transferable, royalty free, worldwide license to use, reproduce, display, distribute, and prepare derivative works, in any form or media at the discretion of the City for the Project conceived, performed or created as a result of this Agreement. 7.11. Grantee and any of the Grantee's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of the City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, work's compensation benefits, injury leave or other leave benefits. 7.12. Neither Party shall assign any rights or obligations under this Agreement. 7.13. Each Parry 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. 7.14. Each Party warrants that they have executed this Agreement knowingly, freely and voluntarily and with full knowledge of its legal consequences. All parties involved warrant and represent that, prior to executing this Agreement, each Party has had the opportunity to review and consider this matter with legal counsel, and that the terms of this Agreement, and its consequences, are fully understood by each Party. 7.15. 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. 7.16. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. (Signatures on following page) 25C-118 EXHIBIT 12 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 R. Carvalho RECOMMENDED FOR APPROVAL: Steven A. Mendoza Executive Director Community Development Agency CITY OF SANTA ANA Raul Godinez II City Manager GRANTEE: OC - Name: C Name: Title: e Xer• , uL �` �Cec�q� 25C-119 EXHIBIT 12 EXHIBIT A INVESTING IN THE ARTS GRANT PROGRAM APPLICATION 25C-120 W14:II-:1111MV Name of Applicant: Award Amount: Category: Average Score: Orange County $6,030 Organization 85.6 — 6w Children's Therapeutic Arts Center (OCCTAC) Organization's Description of Project: The Orange County Children's Therapeutic Arts Center (OCCTAC) will produce a large-scale Youth Art Exhibition ("We are Santa Ana") to celebrate our Santa Ana youth, history, culture and diversityl The Art Exhibition will feature middle school students' personal self-portraits through visual arts to express their cultural identity, voice and self-imagel Students will also exhibit their personal "I am Santa Ana Poems" along with their art. In addition, OCCTAC will produce a Multicultural Family Festival that same day to celebrate the rich cultural diversity in Santa Ana, in partnership with the Mexican Consulate, the Cambodia Family and Southland Integrated Services. Organization is based in Santa Ana and proposes to use grant funds to provide arts and culture programming in Wards 1-6. Organization's proposed use of funds:: The majority of the funds will be used to hire local Santa Ana Artists and Contracted Instructors for this project, as well as to pay Artists Stipends for the Multicultural Family Festival ($6450). In addition, OCCTAC will require some materials and supplies for the Art workshops and Exhibition. ($1,375); and funds for the production of the Art Exhibition and Multicultural Family Festival ($2,175). Answers to Supplemental Questions: Question 1: Please describe any additional City of Santa Ana resources required for your project (permits, public space, licenses etc.) that you are required to obtain? The Orange County Children's Therapeutic ARTS Center has a business license and all required insurances to conduct projectlevent. The only City of Santa resource that we will probably request is the City of Santa Ana stage for the festival. Question 2: Is this a new or existing program/project?: Yes, this is a new project for the Orange County Children's Therapeutic ARTS Center (OCCTAC). Although this is a new project, OCCTAC has done similar projects in the past with our strong community partners, such as the Santa Ana Unified School District, the Mexican Consulate, the Cambodian Family and Southland Integrated Services. Please see letters of support attached with this proposal. Question 3: How will the proposed project be presented or shared with the public? Will the art display, event or performance be free and accessible to the public? The Orange County Children's Therapeutic ARTS Center will work together with our community partners to share with the public this exciting event, featuring our talented Santa Ana youth from Orange County Children's Therapeutic Arts Center (OCCTAC) Page 1 of 2 25C-121 EXHIBIT 12 the various ethnic/cultural communities in Santa Anal Entrance to the event will be provided at no cost to the public. In addition, OCCTAC plans to promote, publicize and disseminate project in the following ways: 1) OCCTAC website and Facebook, 2) local media channels (online & print), 3) contact local radio and TV stations both English and Spanish, 4) develop flyers and save the date post cards for community outreach, 5) share with our Community partners, such as: City of Santa Ana, Santa Ana Downtown Inc., the Santa Ana Unified School District, TCF, SIS and others. Question 4: How will this project enrich the quality of life for Santa Ana residents? The Orange County Children's Therapeutic ARTS Center will hire local Santa Ana Artists to conduct the workshops with the Santa Ana students and final Art Exhibition. Also, the Multicultural Festival will feature local artists living in Santa Ana from the various ethnic/cultural groups (Latinos, Vietnamese and Cambodian) communities. Furthermore, and most importantly, our Santa Ana Youth will have the opportunity to showcase their personal stories, identity and cultural values growing up in Santa Ana. Finally, because Santa Ana is the home to various ethnically/culturally diverse communities, this project provides an opportunity to celebrate Santa Ana's diverse arts and cultural communityl It is very important to educate our Santa Ana youth and community about the importance of working together and valuing the different cultures in Santa Ana. In the past, gang activity and conflicts among the various ethnic/cultural groups were divisive in nature and created conflict in the community. An event like this one will foster peace, unity, and cultural understanding of the various ethnic/cultural communities in Santa Ana, while also celebrating the Santa Ana Arts community! Question 5: Describe how your project will stimulate economic development for the City of Santa Ana. The project proposed here will stimulate economic development for the City of Santa Ana since OCCTAC is reinvesting the funds with this project by hiring local talent from the Santa Ana community. As mentioned previously, OCCTAC will hire local Santa Ana Art instructors and professional artists living in the City of Santa Ana. This creates workforce development opportunities for local residents. Also, OCCTAC plans to pay young adults to work on this project to assist and learn from professional artists. Orange County Children's Therapeutic Arts Center (OCCTAC) Page 2 of 2 25C-122 EXHIBIT 13 ARTS AND CULTURE ARTIST GRANT PROGRAM AGREEMENT BETWEEN THE CITY OF SANTA ANA AND UC REGENTS (OUTREACH, CLAIRE TREVOR SCHOOL OF THE ARTS, UC IRVINE) This Artist Grant Agreement ("Agreement") is made and entered this 171 day of July, 2018, 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 UC Regents (Outreach, Claire Trevor School of the Arts, UC Irvine) ("Grantee") for the purpose of providing grant funding pursuant to the Investing in the Arts Grant Program. City and Grantee may herein individually be referred to as a "Party" and collectively be referred to as the "Parties" to the Agreement. RECITALS: A. On July 2, 2018, 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"). A true and correct copy of Grantee's Application is attached hereto as Exhibit A and incorporated herein by reference. B. On July 17, 2018, the City Council approved the grant funding for Grantee and authorized the execution of this Agreement. C. In undertaking the performance pursuant to this Agreement, Grantee represents that it is skilled and knowledgeable in the arts and culture arena and that the 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 two disbursements, as detailed below, of an amount not to exceed Six Thousand, Ten Dollars ($6,010.00) ("Grant Amount" or "Grant"). 2.2. Grantee will be paid in two (2) installments. First payment will be one-half of the funding amount provided above or $3,005.00 and will be provided within thirty (30) days of the full execution of the Agreement by the parties. The second and final payment will include the remaining amount of $3,005.00 and will be issued within thirty (30) days after the Grantee submits to the City all the proper receipts, invoices and final report for the Project. 2.3. Appropriate performance of the Grantee will be determined by City in its sole discretion. City reserves the right to cease funding after the first disbursement detailed above, and to be reimbursed the initial payment, if Grantee's performance is determined to be insufficient or unacceptable in the City s sole discretion. 25C-123 EXHIBIT 13 2.4. City represents that there is no correlation or connection between its selection of institutions or organizations for grant awards and an institution or organization'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 3, 2018, 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. 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. 3.4. 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. 3.5. 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. 3.6. The Project may not contain advertising, religious art, sexual content, negative or violent imagery, convey political partisanship or include any hidden, subliminal or camouflaged messages or statements of any kind or nature. Appropriateness of the content of the Project will be determined by City in its sole discretion. 3.7. The Project may not include any breach of intellectual property, trademarks, brands, or images of illegal activity, and the Grantee must be the copyright holder for the Project. 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. 25C-124 EXHIBIT 13 2.3. City represents that there is no correlation or connection between its selection of Institutions or organizations for grant awards and an institution or organization'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 3, 2018, 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. 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. 3.4. 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. 3.5. 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. 3.6. The Project may not contain advertising, religious art, sexual content, negative or violent imagery, convey political partisanship or include any hidden, subliminal or camouflaged messages or statements of any kind or nature. Appropriateness of the content of the Project will be determined by City in its sole discretion. 3.7. The Project may not include any breach of intellectual property, trademarks, brands, or images of illegal activity, and the Grantee must be the copyright holder for the Project. 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. 25C-125 EXHIBIT 13 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 that has not been cured within 30 days of written notice of such breach. 4.2. In the event the Agreement is terminated under Section 4.1, City reserves the right to require Grantee to refund any or all grant funds awarded to Grantee under this Agreement, and Grantee agrees to refund to City any or all grant funds awarded under this Agreement. 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, and 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. 25C-126 EXHIBIT 13 7.3. Grantee shall comply with all governmental requirements that may now or in the future become applicable to its activities under this Agreement. 7.4. This Agreement, including Exhibit A, Application, and any amendments or schedules hereto, contain the full understanding and agreement of the Parties with respect to its subject matter, and no waiver, alteration or modification of any of the provisions to this Agreement shall be binding unless in writing and signed by an authorized officer of both Parties. 7.5. 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 orto 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. 7.6. 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 (5) 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 courierservice. 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: UC Regents (Outreach, Claire Trevor School of the Arts, UC Irvine) 4000 Mesa Road Irvine, CA 92697-2775 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 7.7. 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. 7.8. 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 0 25C-127 EXHIBIT 13 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. 7.9. 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. 7.10. Grantee grants to City a non-exclusive, irrevocable, transferable, royalty free, worldwide license to use, reproduce, display, distribute, and prepare derivative works, in any form or media at the discretion of the City for the Project conceived, performed or created as a result of this Agreement. 7.11. Grantee and any of the Grantee's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of the City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, work's compensation benefits, injury leave or other leave benefits. 7.12. Neither Party shall assign any rights or obligations under this Agreement. 7.13. Each Party covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 7.14. Each Party warrants that they have executed this Agreement knowingly, freely and voluntarily and with full knowledge of its legal consequences. All parties involved warrant and represent that, prior to executing this Agreement, each Parry 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. 7.15. 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. 7.16. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. (Signatures on following page) 25C-128 EXHIBIT 13 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 R. Carvalho Cityo ey n 0 RECOMMENDED FOR APPROVAL: Steven A. Mendoza Executive Director Community Development Agency CITY OF SANTA ANA Raul Godinez II City Manager 25C-129 Supervising Principal C&G Officer EXHIBIT 13 EXHIBIT A INVESTING IN THE ARTS GRANT PROGRAM APPLICATION 25C-130 EXHIBIT 13 Name of Applicant: Award Amount: Category: Average Score: Outreach, UC Irvine $6,010 Organization 85.4 — 71' Organization's Description of Project: The Claire Trevor School of the Arts at UC Irvine floods Santa Ana High School students and teachers with opportunities to learn and grow through the arts. The emphasis of the partnership is youth development, exposing SAHS students to college and career pathways, using the arts as the tool. Through scholarships, workshops, master classes, performances and one-on-one coachings, the Trevor School is 1.) building students' awareness of the university experience making it a tangible goal; 2.) exposing students to the arts at the college level; 3.) emphasizing the value of an arts education; and 4.) cultivating engaged young artists. Organization is not based in Santa Ana and proposes to use grant funds to provide arts and culture programming in Santa Ana in Wards 2, 3, 4, and 5. Organization's proposed use of funds: Funds from the City of Santa Ana will support the collaboration by providing scholarships for SAHS students to participate in multi -week intensives and one -day workshops, stipends for the teaching artists engaged in the program, and transportation, meals, materials, and free access to these and other ticketed events. We learned that, in the past, when we only offered free access to ticketed events without providing transportation and meals, students could not participate due to food insecurity and lack of reliable transportation. We seek to provide truly free access for the Santa Ana community, removing as many of the barriers to participation as possible. Answers to Supplemental Questions: Question 1: Please describe any additional City of Santa Ana resources required for your project (permits, public space, licenses etc.) that you are required to obtain? We present at least one, and as many as three, events in the Bill Medley Auditorium at SAHS and will need access to the auditorium for those events. This is usually arranged through the teachers at SAHS. Question 2: Is this a new or existing program/project? This is an existing program. It began in the 2012-13 school year with a single master class and side-by-side performance in the SAHS instrumental music area, and has grown since then to include all arts disciplines and many points of contact between UCI and SAHS. Question 3: How will the proposed project be presented or shared with the public? Will the art display, event or performance be free and accessible to the public? The program will present at least one, and as many as three, free public performances at SAHS. These free performances will include a full symphony orchestra concert performed side-by-side by the UCI and SAHS Symphony Orchestras in Spring 2019. Additional free public events may include open lecture/demonstrations, master classes, and workshops throughout the 2018-19 school year. Outreach, UC Irvine Page 1 of 2 25C-131 EXHIBIT 13 Question 4: How will this project enrich the quality of life for Santa Ana residents? Santa Ana has a thriving arts and culture community. By connecting with and supporting the young artists of Santa Ana High School, we are cultivating artists who contribute to the community both today and in the future. Free public performances will add another layer of enrichment for residents. Infusing the Santa Ana community with premier arts experiences and instruction enriches the quality of life for all of Santa Ana's residents. Question 5: Describe how your project will stimulate economic development for the City of Santa Ana. When the arts thrive, the economy of a city thrives. Nationally, the average person spends $31.47, in addition to the cost of their ticket, to attend an arts event (Arts and Economic Prosperity 5 Study, Americans for the Arts). We will produce at least one, and as many as three, free public events at SAHS. While the cost of admission is free, the events will generate audience spending on meals, transportation, and other expenditures. Additionally, SAHS students will be exposed to the arts landscape at the college level and the professional creative sector, providing them with the training and access necessary to contribute to the creative economy of the City of Santa Ana.. Outreach, UC Irvine Page 2 of 2 25C-132 EXHIBIT 14 ARTS AND CULTURE ARTIST GRANT PROGRAM AGREEMENT BETWEEN THE CITY OF SANTA ANA AND EL CENTRO CULTURAL DE MEXICO This Artist Grant Agreement ("Agreement') is made and entered this 170' day of July, 2018, 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 El -Centro Cultural de Mexico ("Grantee") for the purpose of providing grant funding pursuant to the Investing in the Arts Grant Program. City and Grantee may herein individually be referred to as a "Party" and collectively be referred to as the "Parties" to the Agreement. RECITALS: A. On July 2, 2018, 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"). A true and correct copy of Grantee's Application is attached hereto as Exhibit A and incorporated herein by reference. B. On July 17, 2018, the City Council approved the grant funding for Grantee and authorized the execution of this Agreement. C. In undertaking the performance pursuant to this Agreement, Grantee represents that it is skilled and knowledgeable in the arts and culture arena and that the 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 two disbursements, as detailed below, of an amount not to exceed Five Thousand, Six Hundred, Ninety Dollars ($5,690.00) ("Grant Amount' or "Grant"). 2.2. Grantee will be paid in two (2) installments. First payment will be one-half of the funding amount provided above or $2,845.00 and will be provided within thirty (30) days of the full execution of the Agreement by the parties. The second and final payment will include the remaining amount of $2,845.00 and will be issued within thirty (30) days after the Grantee submits to the City all the proper receipts, invoices and final report for the Project. 2.3. Appropriate performance of the Grantee will be determined by City in its sole discretion. City reserves the right to cease funding after the first disbursement detailed above, and to be reimbursed the initial payment, if Grantee's performance is determined to be insufficient or unacceptable in the City's sole discretion. 2.4. City represents that there is no correlation or connection between its selection of institutions or organizations for grant awards and an institution or organization's business relationship or potential business relationship with City. 25C-133 EXHIBIT 14 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 3, 2018, 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. 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. 3.4. 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. 3.5. 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. 3.6. The Project may not contain advertising, religious art, sexual content, negative or violent imagery, convey political partisanship or include any hidden, subliminal or camouflaged messages or statements of any kind or nature. Appropriateness of the content of the Project will be determined by City in its sole discretion. 3.7. The Project may not include any breach of intellectual property, trademarks, brands, or Images of illegal activity, and the Grantee must be the copyright holder for the Project. 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 that has not been cured within 30 days of written notice of such breach. 25C-134 EXHIBIT 14 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, and 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 fines 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 Cityfrom 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. Grantee shall comply with all governmental requirements that may now or in the future become applicable to its activities under this Agreement. 25C-135 EXHIBIT 14 7.4. This Agreement, including Exhibit A, Application, and any amendments or schedules hereto, contain the full understanding and agreement of the Parties with respect to its subject matter, and no waiver, alteration or modification of any of the provisions to this Agreement shall be binding unless in writing and signed by an authorized officer of both Parties. 7.5. 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. 7.6. 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 (5) 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: EI Centro Cultural de Mexico 837 N. Ross Street Santa Ana, CA 92701 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 7.7. 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. 7.8. 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. 25C-136 EXHIBIT 14 7.9. 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. 7.10. Grantee grants to City a non-exclusive, irrevocable, transferable, royalty free, worldwide license to use, reproduce, display, distribute, and prepare derivative works, in any form or media at the discretion of the City for the Project conceived, performed or created as a result of this Agreement. 7.11. Grantee and any of the Grantee's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of the City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, work's compensation benefits, injury leave or other leave benefits. 7.12. Neither Party shall assign any rights or obligations under this Agreement. 7.13. Each Party covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 7.14. Each Party warrants that they have executed this Agreement knowingly, freely and voluntarily and with full knowledge of its legal consequences. All parties involved warrant and represent that, prior to executing this Agreement, each Party has had the opportunity to review and consider this matter with legal counsel, and that the terms of this Agreement, and its consequences, are fully understood by each Party. 7.16. 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. 7.16. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. {Signatures on following page} 25C-137 L=wukfc1 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 R. Carvalho RECOMMENDED FOR APPROVAL: Steven A. Mendoza Executive Director Community Development Agency CITY OF SANTA ANA Raul Godinez II City Manager GRANTEE: Title: IEt c Id 25C-138 !Ctip ►^ i EXHIBIT 14 EXHIBIT A INVESTING IN THE ARTS GRANT PROGRAM APPLICATION 25C-139 Name of Applicant: Award Amount: Category: EI Centro Cultural de $5,690 Organization Mexico Organization's Description of Project: EXHIBIT 14 Average Score: 82.2 — 8'h This grant will support el Dia del Nino/Day of the Child 2019 event in downtown Santa Ana. On April 28, 2019, EI Centro Cultural de Mexico will present the annual el Dia del Nino/Day of the Child 2019 event, a free, family arts festival celebrating the traditional Latin-American holiday that honors the important role of the child in the family and society. Taking place in urban downtown Santa Ana's historic Birch Park, the day -long festival will feature approximately thirty participatory arts workshops and performances. In the months preceding the festival, EI Centro Cultural de Mexico will conduct interactive workshops. Organization is based in Santa Ana and proposes to use grant funds to provide arts and culture programming in Ward 2. Organization's proposed use of funds:: This grant will support el Dia del Nino/Day of the Child 2019 event in downtown Santa Ana. On April 28, 2019, EI Centro Cultural de Mexico will present the annual el Dia del Nino/Day of the Child 2019 event, a free, family arts festival celebrating the traditional Latin-American holiday that honors the important role of the child in the family and society. Taking place in urban downtown Santa Ana's historic Birch Park, the day -long festival will feature approximately thirty participatory arts workshops and performances. In the months preceding the festival, EI Centro Cultural de Mexico will conduct interactive workshops to develop visual, literary, and performing art works to be presented during the main festival. The celebration intends to engage community members and local artists in meaningful artistic and cultural experiences. EI Dia del Nino/Day of the Child event is Santa Ana's way of bringing together tradition, community organizations, families, students, and businesses. Participants will find themselves as creative and capable of meaningful participation regardless of skill level and creating her/his own art. Funds from this grant will be used specifically to pay local community artists to cover supplies and materials, and on stage performers. These funds would also help fund permits fees and rentals. Answers to Supplemental Questions: Question 1: Please describe any additional City of Santa Ana resources required for your project (permits, public space, licenses etc.) that you are required to obtain? Event requires to reserve Birch park for the day and senior center for restrooms access. In addition to Orange County Fire Authority permit fees to review and approve plot plan. Question 2: Is this a new or existing program/project? Since 2012 el Dia del Nino/Day of the Child event has been hosted at Birch Park. EI Centro Cultural de Mexico Page 1 of 2 25C-140 EXHIBIT 14 Question 3: How will the proposed project be presented or shared with the public? Will the art display, event or performance be free and accessible to the public? Day of the Child Event will take place on April 28th, 2019 at Birch Park. Where attendees will have the opportunity to create their own piece of art while enjoying performances on stage from local groups. Question 4: How will this project enrich the quality of life for Santa Ana residents?: EI Dia del Nino/Day of the Child event is Santa Ana's way of bringing together tradition, community organizations, families, students, and businesses. Participants will find themselves as creative and capable of meaningful participation regardless of skill level and creating her/his own art. EI Dia del Nino/Day of the Child event serves to strengthen the relationship among participating artists and independent contractors who live and work in our community. These artists gain valuable experience on how to engage audiences in ways they may not have explored. Furthermore, the community is offered a unique way to tap into their own creativity through collaboration with highly -skilled practitioners engaging in diverse arts activities representing all disciplines and different cultural traditions. An unintended benefit has also resulted in that the neighborhood now has embraced the potential of a neglected urban park that is rarely visited by children. Question 5: Describe how your project will stimulate economic development for the City of Santa Ana.: This event is an opportunity to create jobs by hiring local artists. EI Centro Cultural de Mexico Page 2 of 2 25C-141 EXHIBIT 15 ARTS AND CULTURE ARTIST GRANT PROGRAM AGREEMENT BETWEEN THE CITY OF SANTA ANA AND DELHI CENTER This Artist Grant Agreement ("Agreement") is made and entered this Ir day of July, 2018, 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 Delhi Center ("Grantee") for the purpose of providing grant funding pursuant to the Investing in the Arts Grant Program. City and Grantee may herein individually be referred to as a "Party" and collectively be referred to as the "Parties" to the Agreement. RECITALS: A. On July 2, 2018, 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"). A true and correct copy of Grantee's Application is attached hereto as Exhibit A and incorporated herein by reference. B. On July 17, 2018, the City Council approved the grant funding for Grantee and authorized the execution of this Agreement. C. In undertaking the performance pursuant to this Agreement, Grantee represents that it is skilled and knowledgeable in the arts and culture arena and that the Project created or performed hereunderwill 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 two disbursements, as detailed below, of an amount not to exceed Five Thousand, Five Hundred, Ninety Dollars ($5,590.00) ("Grant Amount" or "Grant"). 2.2. Grantee will be paid In two (2) installments. First payment will be one-half of the funding amount provided above or $2,795.00 and will be provided within thirty (30) days of the full execution of the Agreement by the parties. The second and final payment will include the remaining amount of $2,795.00 and will be issued within thirty (30) days after the Grantee submits to the City all the proper receipts, invoices and final report for the Project. 2.3. Appropriate performance of the Grantee will be determined by City in its sole discretion. City reserves the right to cease funding after the first disbursement detailed above, and to be reimbursed the initial payment, if Grantee's performance is determined to be insufficient or unacceptable in the City's sole discretion. 2.4. City represents that there is no correlation or connection between its selection of institutions or organizations for grant awards and an institution or organization's business relationship or potential business relationship with City. 25C-142 EXHIBIT 15 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 3, 2018, 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. 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. 3.4. 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. 3.5. 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 barcier shall be removed each day upon completion of an installation session. 3.6. The Project may not contain advertising, religious art, sexual content, negative or violent imagery, convey political partisanship or include any hidden, subliminal or camouflaged messages or statements of any kind or nature. Appropriateness of the content of the Project will be determined by City in its sole discretion. 3.7. The Project may not include any breach of intellectual property, trademarks, brands, or images of illegal activity, and the Grantee must be the copyright holder for the Project. 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 that has not been cured within 30 days of written notice of such breach. 25C-143 EXHIBIT 15 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, and 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 herebyfully 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. Grantee shall comply with all governmental requirements that may now or in the future become applicable to its activities under this Agreement. 25C-144 EXHIBIT 15 7.4. This Agreement, including Exhibit A, Application, and any amendments or schedules hereto, contain the full understanding and agreement of the Parties with respect to its subject matter, and no waiver, alteration or modification of any of the provisions to this Agreement shall be binding unless in writing and signed by an authorized officer of both Parties. 7.5. 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. 7.6. 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 (5) business days after the date of mailing if sent by registered or certified U.S. mail, postage prepaid, with return receipt requested; (11) when transmitted if sent by facsimile, provided a confirmation of transmission is produced by the sending machine; or (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: Delhi Center 505 E. Central Avenue Santa Ana, CA 92707 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 7.7. 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. 7.8. 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. 25C-145 EXHIBIT 15 7.9. 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. 7.10. Grantee grants to City a non-exclusive, irrevocable, transferable, royalty free, worldwide license to use, reproduce, display, distribute, and prepare derivative works, in any form or media at the discretion of the City for the Project conceived, performed or created as a result of this Agreement. 7.11. Grantee and any of the Grantee's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of the City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, work's compensation benefits, injury leave or other leave benefits. 7.12. Neither Party shall assign any rights or obligations under this Agreement. 7.13. Each Party covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 7.14. Each Party warrants that they have executed this Agreement knowingly, freely and voluntarily and with full knowledge of its legal consequences. All parties involved warrant and represent that, prior to executing this Agreement, each Party has had the opportunity to review and consider this matter with legal counsel, and that the terms of this Agreement, and its consequences, are fully understood by each Party. 7.15. 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. 7.16. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. {Signatures on following page} 25C-146 EXHIBIT 15 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 R. Carvalho RECOMMENDED FOR APPROVAL: Steven A. Mendoza Executive Director Community Development Agency CITY OF SANTA ANA Raul Godinez II City Manager GRANTEE: Nam4; (ZxoS Title: CE 25C-147 EXHIBIT 15 EXHIBIT A INVESTING IN THE ARTS GRANT PROGRAM APPLICATION 25C-148 EXHIBIT 15 Name of Applicant: Award Amount: Category: Average Score: Delhi Center $5,590 Organization 81.2-901 Organization's Description of Project: The Delhi Center Cultural History Project will present the history of the Delhi neighborhood through a permanent artistic display that will be installed in the center's lobby. The display will capture the history of the neighborhood since the late 1860's when James McFadden purchased 4,000 acres of the Rancho de Santiago land grant and named the property "Delhi". The rich cultural history will be presented through storytelling by seniors who have lived in the neighborhood for over 80 years, poetry, art, and photography, created by artists through a community engagement process. Organization is based in Santa Ana and proposes to use grant funds to provide arts and culture programming in Ward 1. Organization's proposed use of funds - In -Kind Administrative Support The Delhi Center Cultural History Project is a priority for the Delhi Center and for the residents. Resident engagement will be a significant element of the project, which will require support from administrative staff as well as the Community Engagement Program Coordinator. The cost for this work totals approximately $15,319 and will be provided in-kind to ensure that the project goes smoothly from planning to implementation. Artist Fees Artist fees will cover the cost of producing the art work that will be displayed in the lobby of Delhi Center that will depict the cultural history of the center and the neighborhood through a mixed media approach. A total of $3,210 has been allocated to this cost and the actual fee per artist will be determined based on the size and scope of each artists' work. There are a total of six wall panels in the lobby of approximately 42 square feet each. The panels are about nine feet wide and may range from four to eight feet high. Each artist will be assigned at least one panel and may be assigned up to three panels as deemed appropriate by the selection committee. A total of approximately 140 square feet will be produced. The artist recruitment process will take into account the talents of each artist and their capacity to complete one or more panels. Artists will also be hired based on their ability to work together as a team as well as to incorporate resident engagement in the artistic process. Video A video will be produced by Delhi Center staff at no cost to capture activities such as resident engagement, artist work in progress, display development and construction, etc. Staff will produce an eight to ten-minute video that will be used to promote the work that was done as well as to encourage the general public to come to the Delhi Center to view the display. Delhi Center Page 1 of 4 25C-149 EXHIBIT 15 Art Supplies Art supplies will include paint, brushes, canvasses, and other supplies to help support the artists' work in order to ensure the quality production of the final display pieces that will be installed. Art supplies may also be used as part of the resident engagement activities to give residents an opportunity to explore art and to contribute to the display that will be installed. A total of $700 has been allocated to art supplies, however if the total costs exceed that amount, Delhi Center is prepared to cover the excess cost. The actual cost will depend on the level of resident engagement and the number of original art pieces that will be produced. Display Materials Display materials will be needed to create a beautiful presentation of the cultural history of the Delhi neighborhood and center in a creative and artistic format using enlarged photos, original art pieces, short stories, poetry, and other work created by local artists using a community engagement process. The displays will be designed and created through a teamwork approach with the artists, Delhi Center staff and board members, and residents, including seniors, children, and teens who regularly participate in Delhi Center programs and services. The materials may include photo enlargement into poster size pieces, frames to highlight short stories and poetry, display boxes to showcase historic artifacts from the neighborhood, and lighting to create an artistic ambiance. A total of $1,680 in grant funding has been allocated to this cost for approximately 140 square feet, however if the total costs exceed that amount, Delhi Center is prepared to cover the excess cost. Installation Hardware An estimated cost of $840 in mounting hardware will be covered in-kind by Delhi Center. These items include hardware to ensure that the walls can withstand the weight of the display pieces andAbat they are protected from damage. Answers to Supplemental Questions: Question 1: Please describe any additional City of Santa Ana resources required for your project (permits, public space, licenses etc.) that you are required to obtain? The proposed project will not require any additional City of Santa Ana resources as the displays will all be housed inside Delhi Center and will not require any permits for installation. Support from the City of Santa Ana and from the Arts Commission will be appreciated in helping to promote the recruitment of Santa Ana artists who will be contracted to do the work and to help spread the word about the project before, during, and after its completion. Question 2: Is this a new or existing program/project? This is a new project that stems from an idea that grew out of a recent Delhi Center Open House where attendees were asked to vote on different programs and services as well as different design concepts that were presented as part of the center's facility improvements. One of the design concepts was to display art and historical photos in the center's lobby. Residents were excited about this idea because there were several attendees who have lived in the neighborhood all their lives. One woman still lived in the house her father built over 100 years ago and another woman has lived in the neighborhood all of her 83 years. Delhi Center Page 2 of 4 25C-150 i*cn7-1111MV As part of the Open House program, residents were informed that the center would start the planning for its 50th Anniversary to be celebrated in 2019 and volunteers for the planning committee were being recruited. Residents thought it would be a great idea to tell the story of the Delhi neighborhood through photos, stories, and art, which would complement the design concept that received the most votes for the lobby. The decision was made to apply for the Arts Grant, which could provide the resources necessary to make the project a reality. Residents eagerly agreed to contribute photos and to tell their stories because their families are a part of the rich history of one of the oldest neighborhoods that has made Santa Ana the great city it is today. Question 3: How will the proposed project be presented or shared with the public? Will the ant display, event or performance be free and accessible to the public? Delhi Center's Cultural History Project will be installed and displayed in the Delhi Center lobby, which is the first thing guests see when they enter the center. Delhi Center is open approximately 80 hours per week with regular weekly programming and through its social enterprise program, including facility rentals for events, such as business meetings, employee training and celebrations, conferences, resource fairs, community events, high school graduations, wedding receptions, quinceaneras, and many others. Approximately 34,500 people walk through our doors each year. We serve almost 2,000 individuals each month and sometimes we see over 400 people come through our doors in a single day. About 90% of our guests and program participants are Santa Ana residents and about 55% of those are from the area immediately surrounding the center, from the 92707 zip code. All of our guests will have the benefit of viewing the display when they come to the center. We will also make every effort to promote the display to ensure increased opportunities for the general public to visit Delhi Center to view the display at no cost. Question 4: How will this project enrich the quality of life for Santa Ana residents? The proposed project has incorporated community engagement since its conceptualization and will continue to do so through the completion of the project, giving residents a sense of belonging and fulfillment. The project started at a recent Open House at Delhi Center where residents gave their input on programs and services they would like to see at the center and voted on different design concepts that were being proposed throughout the center. The most popular design concept was for the lobby to house art and historic photos of the Delhi neighborhood. This became the idea that led to the proposed project. The project will give Delhi residents an opportunity to have their stories captured and developed into an artistic display for all to experience. Everyone in Santa Ana will be able to learn about the rich cultural history of the Delhi neighborhood, stemming back to the late 1800's when the area was first developed and they will be able to enjoy the artistic expression of that history here at Delhi Center. The project will enrich not only Delhi residents but all of Santa Ana by acknowledging and showcasing in a creative way the independence, perseverance, and community involvement that has been the driving force of Santa Ana throughout its history. Question 5: Describe how your project will stimulate economic development for the City of Santa Ana. The project will create work for local artists who will take on the work of producing the cultural history display at Delhi Center. The work will provide valuable experience and will help the artists Delhi Center Page 3 of 4 25C-151 EXHIBIT 15 to develop skills not only in creative expression but also in teamwork and community engagement, which will help develop transferable skills. The work itself will be well documented, which will help the artists to develop or add to their portfolios for use in future artistic job searches. The project will have a side effect of generating increased visibility for Delhi Center, which may result in more people wanting to rent the facility for their events, such as business meetings, employee trainings, conferences, community forums, school events, and private events. By increasing revenue, Delhi Center will be in a better position to increase employment opportunities for Santa Ana residents. When revenue is increased, programs and services are increased, which results in more jobs being created to help the city's economy. This strategy is part of the center's long-term plan of increasing revenue in order to provide more programs and services for the community and for hiring more Santa Ana residents to fill jobs that are created. Delhi Center Page 4 of 4 25C-152 EXHIBIT 3 NAME ARTIST/ ORGANIZATION AMOUNT REQUESTED AVERAGE SCORE AMOUNT RECOMMENDED BY PANEL Vietnamese American Arts & Letters Association (VAALA) Organization $10,000 93.5 $6,820 The Orange County Center for Contemporary Art (OCCCA) Organization $10,000 93 $6,770 Media Arts Santa Ana (MASA) Organization $10,000 92.2 $61690 Heritage Museum of Orange County Organization $10,000 87.4 $6,210 ALBI Organization $10,000 87.2 $6,190 Orange County Children's Therapeutic Arts Center (OCCTAC) Organization $10,000 85.6 $6,030 Outreach, UC Irvine Organization $10,000 85.4 $6,010 EI Centro Cultural de Mexico Organization $10,000 82.2 $5,690 Delhi Center Organization $10,000 81.2 $5,590 Marina C. Aguilera Artist $5,000 78.6 $3,000 Rogelio Reyes aka Roger Eyes R. Artist $4,400 74 $3,000 Kimberly Janet Duran Artist $5,000 1 69.2 $2,000 Greg Camphire Artist $5,000 65.4 $2,000 Ann Phong Artist $4,950 63.6 $2,000 Bud Herrera Artist $5,000 63.6 $2,000 Charitable Ventures of Orange County_CRECE Coop Organization $9,726 62.2 0 Maricela Ramirez Loaeza Artist $5,000 42.2 0 Yolanda Mendiveles Artist $1,500 41.8 0 TOTAL $135,576 70,000 Steps to determine funding amount recommended by panelists to organizations: Step 1: Organization's percentage score x funds requested = Dollar amount for each organization. Step 2: Dollar amounts (based on percentage) per organization were then added together = Total Dollar amount requested = $78,770. Step 3: Of this amount only $56,000.00 is available to be funded after distributing to the individual artists first, so the difference between $78,770 - $56,000 = $22,770. Step 4: This difference of $22,770 is divided evenly into the 9 qualifying organizations = $2,530 per organization. Step 5: $2,530 is subtracted from the dollar amount for each organization in Step 1 to get the final amount recommended by panel. 25C-153 25C-154