HomeMy WebLinkAboutCAMPHIRE, GREGA-2018-178-04
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 17t" 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.
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.
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 Liabillty.
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.
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.
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}
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
9-0-11 el
Maria D. Huizar
Clerk of the Council
APPROVED AS TO FORM:
CITY OF SANTA ANA
Raul odinez II
City Manager
GRANTEE:
Sonia .Carvalho
Cit orne
By:y n odge e:P��r,vPa12�
Assi •ta t Ci Attorney Title:
RECOMMENDED FOR APPROVAL:
Steven A. Mendoza
Executive Director
Community Development Agency
APPLICATION
Name of Applicant: Award Amount: Category: Average Score:
Greg Camphire $2,000 Artist 65.4 — 4'h
Artist's Description of Project:
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
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
HE R I TAGE MiOF ORANGE COUNI-)
Wednesday, April 18, 2018
Dear To Whom It May Concern,
My name is Kevin Cabrera and I am the Executive Director of Heritage Museum of Orange
County. I am writing this letter of support for Greg Camphire's pursuit of the Santa Ana Arts
Grant. Greg's project of original composed music that is related to specific sites in Santa Ana is
unique and creative idea to highlight significances of various spaces of the city. If Greg receives
this grant, one location would be collecting sound samples of Heritage Museum of Orange
County to conduct an original piece related to our cultural and natural history space. Heritage
Museum supports this endeavor and will work with Greg to contextualize the layers of history
that he records on site to provide a more enriching composition of our Santa Ana community. If
you have any questions, please do not hesitate to reach out to me. Thank you very much for your
time,
Sincerely,
Kevin Cabrera
Executive Director
714 540-0404 ext. 224
kcabrera cr heritaeemuseumoc.ore
Heritage Museum of Orange County is a registered 501(c)3 non-profit organization. Federal Tax ID No.: 95-3665050
3101 West Harvard Street, Santa Ana, CA 92704 P: (714) 540-0404 J F: (714) 540-1932
HeritageMuseumOC.org I MaagFarmhouse.org Facebook.com/HeritageMuseumOC
INVESTING IN THE ARTIST
LINE ITEM BUDGET
PROPOSED GRANT FUNDED PROGRAMMING SERVICES
PERSONNEL
Description of Personnel
Quan-
Grant
(artist fees, consultants, administrative fees,
Total Compensation
Funds
etc.)
Cost
Requested
Honorariums for poetry readers (Odeh)
$200
$200
IN-KIND Artist Fee ($500 per performance)
$1,000
$0
IN-KIND Production Assistance ($150 per per-
$300
$0
formance)
$500
Equipment: QSC K10 Speakers
EQUIPMENT, MATERIALS, AND SUPPLIES
Item
Quan-
Unit
Total
Grant
(equipment, materials, supplies)
tity
Cost
Cost
Funds
Requested
Equipment: MIDI Sprout technology
2
$250
$500
$500
Equipment: QSC K10 Speakers
2
$700
$1,400
$800
Marketing/promotion materials
n/a
various
$200
$0
Print materials: performance pro-
200
$1.25
$250
$0
grams
ADDITIONAL EXPENSES
Description
Total Cost
Grant Funds
(permits, fees, facility rental for project)
Requested
Heritage Museum - venue stipend
$500
$500
City of Santa Ana, Community Development Agency
20 Civic Center Plaza, M-25, Santa Ana, CA 92701 (714) 647-5360
INVESTING IN THE ARTIST
LINE ITEM BUDGET
PROPOSED PROGRAM BUDGET PROPOSAL
Enter budget categories and projected expenditures for the proposed program:
PROJECT REVENUE
LIST ALL OTHER PROJECT RESOURCES
"Funding Source" total must equal "Total Project Budget' listed above.
FUNDING SOURCE
AMOUNT
Expenditures
$2,000
Personal Income
Expenditures
Funded By Other
Total Project
Category
Funded By
Sources
Budget
Santa Ana Grant
(Including in-
kind)
Personnel Total
$200
$1,300
$1,500
Equipment Total
$1,300
$600
$1,900
Supplies Total
n/a
n/a
n/a
Materials Total
$0
$450
$450
Additional Expense Total
$500
$0
$500
$2,000
$2,350
$4,350
TOTAL
PROJECT REVENUE
LIST ALL OTHER PROJECT RESOURCES
"Funding Source" total must equal "Total Project Budget' listed above.
FUNDING SOURCE
AMOUNT
Santa Ana Artist Grant
$2,000
Personal Income
$1,050
In -Kind Support (artist fee and production assistance)
$1,300
TOTAL PROGRAM BUDGET
$4,350
City of Santa Ana, Community Development Agency
20 Civic Center Plaza, M-25, Santa Ana, CA 92701 (714) 647-5360
INVESTING IN THE ARTIST
Greg Camphire/Spooky Action Labs
Project Timeline
DATE
ACTION
OUTCOME
August 2018
Purchase supplies & equipment; Begin re-
Preparation of sound samples & other
search & recording at Heritage Museum
compositional elements for Heritage Mu -
OC
seum performance
September
Secure Arabic -English translator for Alex
Print versions of Odeh poems (full book
2018
Odeh's "Whispers in Exile" poetry; con-
or selected poems as available); begin se-
tinue research & composing
curing poem readers (3-4) people, prefer-
ably from Arab -American community in
Santa Ana
October
Composing & rehearsing; confirm loca-
Preparation of samples & other composi-
2018
tions/venues for live performances at
tional elements for both performances
Heritage Museum and Santa Ana Public
Library
November
Composing & rehearsing
Tying together the stories of people,
2018
places, history and culture of Santa Ana
locations with new original musical works
December
Composing & rehearsing
Tying together the stories of people,
2018
places, history and culture of Santa Ana
locations with new original musical works
January
Write program pamphlets for each per-
Printed one -sheet programs that explain
2019
formance; continue research & compos-
context for each performance
ing
February
Finalize compositions & begin staged re-
Professional -level stage productions will
2019
hearsals for performances; begin promo-
be ready for live performances
tions/marketing
March 2019
Finalize compositions & begin staged re-
Professional -level stage productions will
hearsals for performances; continue pro-
be ready for live performances
motions/marketing
City of Santa Ana, Community Development Agency
20 Civic Center Plaza, M-25, Santa Ana, CA 92701 (714) 647-5360
April 2019
Alex Odeh performance at Santa Ana Li-
Attendees learn about SA resident Odeh,
brary
Arabic culture, poetry, human rights
May 2019
Heritage Museum performance
Attendees learn about Heritage Museum,
music, history, ecology, technology
June 2019
Filing reports, paperwork, documenta-
Administrative tasks related to grant
tion, etc.
funding
August 2018
Project documentation/sharing of photos,
Sharing performances on social media
- July 2019
videos, etc.
City of Santa Ana, Community Development Agency
20 Civic Center Plaza, M-25, Santa Ana, CA 92701 (714) 647-5360