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HomeMy WebLinkAboutORANGE COUNTY CHILDREN'S THERAPEUTIC ARTS CENTER -OCCTAC - 2017 (2)A -2017-1y,4 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 5th day of July 2017, 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 Children's Therapeutic Arts Center) ("Grantee") and, collectively with City, the "Parties", is for the purpose of providing grant funding pursuant to the Arts and Culture Artist Grant Program. RECITALS: A. On June 15, 2017, the Arts and Culture Commission reviewed all applicants and recommended that Grantee be awarded an artist grant based on its Application for its artwork ("Project") attached hereto and incorporated herein as Exhibit A. B. On July 5, 2017, 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 one or more disbursements, as reasonably determined by City, of an amount not to exceed Ten Thousand Dollars ($x10,000.00) ("Grant Amount" or "Grant"). 2.2. Appropriate performance of the Grantee will be determined by City in its sole discretion. City reserves the right to cease funding after each disbursement. 2.3. City represents that there is no correlation or connection between its selection of individuals or institutions for grant awards and an individual's or institution's business relationship or potential business relationship with City. 3. Grant Activities. Grantee agrees: 3.1. To perform the activities described in the Grant Application and Timeline submitted to City for consideration dated May 1, 2017 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 INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES GLERK OF COUNCIL nATE: `7 -.x5--d-V7 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. 3.7. The Project may not include any breach of intellectual property, trademarks, brands, or images of illegal activity, and that the Grantee is 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 which has not been cured within 30 days of written notice of such breach. 4.2. In the event the Agreement is terminated under Section 4.1, City reserves the right to require Grantee to refund any or all grant funds awarded to Grantee under this Agreement, and Grantee agrees to refund to City any or all grant funds awarded under this Agreement. 5. Limitation of Liability. 5.1. IN NO EVENT SHALL CITY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXPENSES FOR ANY NEGLIGENCE, BREACH OF CONTRACT OR ANY OTHER ACT ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE ACTIVITIES COVERED HEREUNDER 2 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. This Agreement shall be construed and the rights and obligations of the Parties shall be determined in accordance with the laws of the State of California, with venue of any action arising out of this Agreement in Orange County, California. 7.4. Grantee shall comply with all governmental requirements which may now or in the future become applicable to its activities under this Agreement. 7.5. This Agreement, including Exhibit A, Application, and any amendments or schedules hereto, contain the full understanding and agreement of the Parties with respect to its subject matter, and no waiver, alteration or modification of any of the provisions to this Agreement shall be binding unless in writing and signed by an authorized officer of both Parties. 3 7.6. No waiver by either party or any breach, default, or series failure, refusal, or neglect of either party to exercise any right, i this Agreement or to insist upon strict compliance with the constitute a waiver of these provisions with respect to any s either party or its right at any time thereafter to require e; provisions of this Agreement. of breaches or defaults, and no ower, or option given to it under terms of this Agreement shall ibsequent breach or waiver by act and strict compliance with 7.7. Any notice or other communication required or permitted to be made or given by either party pursuant to this Agreement will be in writing and will be deemed to have been duly given: (i) five business days after the date of mailing if sent by registered or certified U.S. mail, postage prepaid, with return receipt requested; (ii) when transmitted if sent by facsimile, provided a confirmation of transmission is produced by the sending machine; or (iii) when delivered if delivered personally or sent by express courier service. All notices to City shall include a reference to the Project title. All notices will be sent to the other party at its address as set forth below or at such other address as such party will have specified in a notice given in accordance with this section: Grantee: Orange County Children's Therapeutic Arts Center 2215 North 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 7.8. This Agreement is subject to all applicable local, State and Federal laws. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 7.9. Grantee agrees to comply with all applicable equal opportunity and affirmative action laws as appropriate, Grantee shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Grantee affirms that it is an equal opportunity employer (if applicable) and shall comply with all applicable federal, state and local laws and regulations. 7.10. Any funds provided under this Agreement that are not expended, obligated or otherwise committed by the termination or expiration of this Agreement shall be immediately returned to City. 7.11. Grantee 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. 7.12. 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. 7.13. Neither party shall assign any rights or obligations under this Agreement. 7.14. 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. 7.15. 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. 7.17. 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: v Z) Maria D. Huizar Clerk of the Council CITY OF SANTA ANA APPROVED AS TO FORM: GR NTEE: Sonia R. Carvalho City 6, 111 2_ By:n O. H ge Name: Assista t ity At rney Title: RECOMMENDED FOR APPROVAL: IWC.11rr� ARTS AND CULTURE ARTIST GRANT PROGRAM APPLICATION Orange County Children's Therapeutic Arts Center - Summer Intensive Music Camp Ana Jimenez -Rami 5/1/2017 Name of Organization: Orange County Children's Therapeutic Arts Center - Summer Intensive Music Camp City Ward of Project: Santa Ana - All wards, but especially 2 & 3 Contact Person/Title: Dr. Ana Jimenez-Hami Address: 2215 North Broadway Street, Santa Ana Phone Number: 714 547 5468 Email: ana@occtac.org Website: www.ocetac.org Brief Description of Project: OCCTAC is requesting a $10, 000 grant to continue to provide very talented at -risk youth from Santa Ana, with limited musical access and financial resources, an Intensive Summer Music Camp 5 days a week, 3 hours each day during one entire month. The students will learn and/or expand their musical skills during this intensive Summer Camp, and engage in community performances that will continue to build their self-esteem, community pride while creating beautiful music together! Our Summer Intensive Music Camp started last year, as an expansion of our Classical Music program, where students learned to play a string instrument of their choice (violin or viola) and/or a woodwinds instrument (flute, clarinet or saxophone). It was a great success and we enrolled close to 100 students in the program! This year, we propose to have the intensive camp again, and add one more string instrument (Cello) since we have received Cello donations for our agency! All students will have the opportunity to attend the camp 5 days per week, 3 hours each day for one entire month during the Summer; and engage in 3 rotations, of 45 minutes - 1 hour long rotations. The students will be divided into skill levels: 1) Beginner or intermediate Strings and/or Woodwinds Class, 2) Music Theory/Rhythm Class, and Ensemble work (Performing Class) with OCSA and Chamber Music group coaching, as well as individual Practice pullout sessions, and with the help of OCSA students and college volunteers/interns supporting our program. We plan to enroll 50 - 100 students again, and will be working closely this year with the OC School of the Arts volunteers, as well as other college volunteers. In addition, Chamber Music OC will once again provide music appreciation/history workshops and perform for our students, as part of their Community Outreach and Educational efforts! Type of Application:: Organization based in Santa Ana and proposes to use grant funds to provide arts and culture programming in Santa Ana Need:: $10,000 I am applying for:: Programming Costs If other please state below:: Not applicable. Organization Mission and History: Mission: The mission of the Orange County Children's Therapeutic Arts Center (OCCTAC) is to provide innovative, artistic, educational and therapeutic programs that inspire and transform children, at -risk youth, and their families to fulfill their highest potential. The mission of our After School ARTS Program is to teach youth artistic skills, develop creative self-expression, higher self-esteem, confidence and leadership, by diverting youth from negative social problems to positive and artistic experiences. OCCTAC is the only multi -disciplinary Arts organization in Santa Ana to provide a wide range of music, art and dance programs for at -risk youth and children with special needs! History: OCCTAC was founded by Dr. Ana Jimenez -Rami in the year 2000 after the tragic death of her parents. Dr. Jimenez started the center in their memory with the vision of providing artistic programs to children with special needs to continue the philanthropic work of her parents. One year later, OCCTAC expanded programs to ALL children and youth, and a special focus on at -risk youth in Santa Ana from poor communities. During the past 17 years, our agency has successfully established a strong Community After -School Arts program to provide enrichment classes in the fields of Music, Art and Dance to underserved youth. OCCTAC has served over 16,000 youth since the year 2000, rising from 100 students in its first year to more than 1,500 youth each year. Currently, our After School Music Program continue to grow each year, and currently offers a wide variety of classes, including: Piano, Guitar, Harp, Violin, Viola, Woodwinds, Drums, and others. OCCTAC and the founder have received numerous awards throughout the years; including the OC Register "Hero of the Year" award (2013), a City of Santa Ana Community Building Award (2006) a Disney Community Building Award (2005), a OC Human Relations Commission Award (2004), and many others. Narrative for proposed use of funds:: Most of the funds requested ($7,660) would support the part-time salaries of 3 music instructors to teach at our Summer Intensive Music Camp and an Honorarium for our Community Partner, Chamber Music OC. Each music instructor will be paid $25 per hour for 4 hours each day, 5 days per week, for a 4 week long Summer Camp. The remaining funds ($2,340) will be used to fix musical instruments that were donated to OCCTAC, as well as purchase a few more musical instruments. In addition, we will purchase program supplies, such as music notebooks, etc. for the students, printing materials for the program, and Community Outreach fliers to enroll new students in this exciting and intensive Summer Music Camp at the Orange County Children's Therapeutic Arts Center. Supplemental Question 1: Please describe any additional City of Santa Ana resources required for your project (permits, public space, licenses etc.)?: We do not require any additional City of Santa Ana resources for this project since our Summer Intensive Music Camp will be conducted at our own facility. OCCTAC has all the required business permit, license and insurances required to operate this Summer Music Camp and all other programs. Supplemental Question 2: Is this a new or existing program/project?: As stated previously, our Summer Intensive Music Camp started last year, as an expansion of our Classical Music program, where students learned to play a string instrument of their choice (violin or viola) or a woodwinds instrument (flute, clarinet or saxophone). It was a great success and we enrolled about 100 students in the program! This year, we propose to have the intensive camp again, and add one more string instrument (Cello) since we have received Cello donations for our agency! All students will have the opportunity to attend the camp 5 days per week, 3 hours each day for one entire month during the Summer. This year we plan to collaborate with OCSA and will continue to work closely with Chamber Music OC once again! OCSA students and college volunteers/intern, from Chapman University, CSF and UCI will also assist our music instructors during this exciting Summer Intensive Music Camp. 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?: The proposed project will be promoted through the local media channels (online and print), the networks of our Community partners, such as: Santa Ana Unified School District, City of Santa Ana, Santa Ana Downtown Inc., Mexican Consulate, local colleges and Chamber Music OC. In addition, our flyers will be distributed to as many schools in Santa Ana, and also all the current families that we serve at OCCTAC. Yes, the Summer Intensive Music Camp will be free and accessible to all Santa Ana students that qualify for this wonderful scholarship opportunity. We will provide 50 - 100 scholarships for Santa Ana students of very limited resources to participate in the Summer intensive Music Camp. At the culmination of the Summer Camp, all the students will perform a FREE Community Concert for their parents, family and friends and exhibit their new or expanded musical skills with pride to educate our community about the value of the Arts to bring joy and empower our youth in Santa Ana! In addition. a group of professional Chamber Musicians will perform for the community along with the students, and educate our families about the beauty and value of Classical, Chamber and Orchestral Music. This concert will be free and accessible to the Santa Ana public. Supplemental Question 4: How will this project enrich the Santa Ana arts and culture community?: This project will educate and enrich our Santa Ana students and their families about the beauty and richness of Chamber and Orchestral Music. Also, it will enrich the Santa Ana arts and culture community by bringing together professional musicians to perform in Santa Ana with our student population, and provide our community with this wonderful arts and cultural activity. OC CHILDR-EN'S THERAPEUTIC _I°" 2215 North Broadway, Santa Ana, CA 92706 (714) 547 - 5468 www.occtac.ora 2017 Board of Directors Sherry Taylor, LUTCF, Board President Newcastle Financial Advisors Dr. Eric Olson, Board Vice President Gillson Partnership, CEO Alan Lajtay, Board Treasurer AHL Consulting, Managing Partner Iliana Welty, Board Secretary Business Owner & Community Advocate Manal Alawneh, Board Member CA School of Health Sciences, Business Owner Dr. Anooshiravan Hami, Board Member A. Hami, MD a Medical Corporation Felipe Heras, Board Member Document Processing Solutions, President & CEO Francisco Barragan, CPA, CIA Board Member & Audit Committee Chairman Logic Consulting Group Nilo E. Lipiz, Board Member Santa Ana College, Dean of Instruction & Student Services Terri Villa -McDowell, Board Member Attorney, Safe Schools Programs, ABC Unified School District Melody Winter Head, Board Member Federal Reserve Bank of San Francisco Regional Manager, So. Cal I Community Development Marion Renk -Rosenthal, Board Member Energie Media Works, Owner Dr. Ana Jimenez, Board Member OC Children's Therapeutic Arts Center Founder & CEO Chapman University, Adjunct Faculty PP. UOR MAN CR>FDT'CA7MN+COMMI'NITY May 1, 2017 Santa Ana Arts and Culture Commission City of Santa Ana 20 Civic Center Plaza M-25, 6th Floor Santa Ana, CA 9270 Dear Members of the Santa Ana Arts and Culture Commission, On behalf of Chamber Music OC, I am pleased to submit this letter in support of Orange County Children's Therapeutic Arts Center's (OCCTAQ application to the Investing in the Artist Grant Program. OCCTAC's proposed project to start a Summer Intensive Music Camp for the month July creates a unique opportunity for children in Santa Ana to find their cultural identity by studying classical music by Latin American composers. The proposed project is unique compared to other music camps for beginner students because of the proposed thematic material. Each week of the four week camp will focus on a featured Latin American country/region - Mexico, Central America, South America, and the Caribbean. Students will be immersed in the music, composers, art, history, and culture of each region culminating in a performance and presentation at the end of each week. As a partner in the proposed project, Chamber Music OC is committed to assisting with the execution of the Summer Intensive Music Camp. Chamber Music OC's Community Outreach division will present weekly music history and appreciation workshops corresponding to each weekly theme. These workshops will allow students to learn more about, and identify with, the composer, art, and culture of the featured region each week. Chamber Music OC expresses full support for Orange County Children's Therapeutic Arts Center. We believe it has the potential to reach a large, diverse segment of Santa Ana's population that has never considered themselves to be patrons of the arts, and to reengage others with an appreciation and commitment to support the performing arts. Thank you for your consideration of OCCTAC's proposed project. Sincerely, Michelle Gasworth Director of Community Outreach, Chamber Music OC n OC CHILDREN'S rTHERAPEUTIC ARTS 2215 North Broadway Santa Ana, CA. 92706 (714) 547 - 5468 www.occtac.org 2017 INVESTING IN THE ARTIST SUMMER INTENSIVE MUSIC CAMP PROJECT TIMELINE Date Action Outcome Month before and during Outreach and Raise community awareness about the opportunity to the start-up of the Program Enrollment in Sumner enroll students in this Summer Intensive Music Camp; Intensive Music Camp Educate families about the benefits of students learning to play Classical Music, Chamber and Orchestral music; Enroll up to 100 students in the camp. Week 1 of Summer Summer Intensive Summer Camp students will play the music of a famous Intensive Music Camp program starts and Mexican composer, increase their understanding and students learn to play appreciation for classical music fused with traditional the music of a famous and folkloric sounds of music from Mexico, and classical music perform for their parents and family members at the end composer from of the week on Friday! Mexico. Week 2 of Summer Summer Intensive Summer Camp students will play the music of a famous Intensive Music Camp program continuous South American composer, increase their understanding and students learn to and appreciation for classical music fused with play the music of a traditional and folkloric sounds of music from Central famous classical and/or South America, and perform for their parents at composer from the end of the week on Friday! Central andlor South America. Week 3 of Summer Summer Intensive Summer Camp students will play the music of a famous Intensive Music Camp continues and students Caribbean composer, increase their understanding and learn to play the music appreciation for classical music fiised with traditional of a famous composer and folkloric sounds of music from Puerto Rico, and from the Caribbean, perform for their parents on Friday! Puerto Rico Week 4 - Week of Rehearsals Summer Camp students will practice all of the music Rehearsals for Community and learned during the first 3 weeks of the Summer Performance and practice Free Community Intensive Music Camp and prepare for their final with Professional Musicians Performance for the Community Performance with the Professional Public Musicians from Chamber Music OC. This will be a FREE Community Concert for the Santa Ana Community and public in general. INVESTING IN THEARTIST LINE ITEM BUDGET PROPOSED GRANT FUNDED PROGRAMMING SERVICES PERSONNEL Description of Personnel (contracted instructors, lecturer honorarium, artist stipend etc.) Total Compensation Grant Funds Requested Chamber Music OC Honorarium 1,000 .1,000 Artists Salaries for one month of music instruction for 50 to 100 students 6,660 6,660 1,840 Program Supplies for Community Outreach 500 500 EQUIPMENT, MATERIALS AND SUPPLIES ITEM (equipment, material and supplies) Quantity Unit Cost Total Cost Grant Funds Requested Fixing and Purchasing Music Instruments 1,840 1,840 Program Supplies for Community Outreach 500 500 SPECIAL EVENTS Description (permits, fees, facility rental) Total Cost Grant Funds Requested INVESTING IN THEARTIST LINE ITEM BUDGET PROPOSED PROGRAM BUDGET PROPOSAL Enter budqet cateqories and projected expenditures for the proposed proqram: Category Expenditures Funded By Santa Ana Grant Expenditures Funded By Other Sources (Including in- kind) Total Program Budget Total Organization Budget Administrative Staff Salaries and Benefits 7,660 60,000 60,000 $24,000 Contractual/Professional Services/Stipends 105,000 112,660 Equipment, Material, & Supplies 2,340 4,000 6,340 Special Events Production TOTAL $10,000 $169,000 $179,000 $1,244,000 PROGRAM REVENUE LIST ALL OTHER PROGRAM RESOURCES "Funding Source" total must equal "Total Program Budget' listed above. FUNDING SOURCE AMOUNT Santa Ana Artist Grant $10,000 Foundations / Corporations $34,000 Fundraising Events $51,000 Private Donations $24,000 Program Fees $106,000 TOTAL PROGRAM BUDGET $179,000 J Ar IY CERTIFICATE OF LIABILITY INSURANCE .--""'' DATE(MMIDDIYYYYI 11/2/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In Ileu of such endorsement(s), PRODUCER NACOME:NTACT Certificate Issuance Team Comprehensive Insurance Services 26429 Rancho Parkway South pI ONNo Ext• (O49) 7O9-BBOO qIC No: (949)709-1668 ADO IL . info8 theeomprehensiveinsuranee.00m Suite 120 Lake Forest CA 92630 INSURERS) AFFORDING COVERAGE NAIG e INSURBRA:Non rofits Ins Alliance of CA 11845 INSURED INSURERS Orange County Children's Therapeutic Arts Center INSURERC: 2215 N. Broadway INSURERD; INSURERS PREMISES Ea occurrence $ 500,000 Santa Ana CA 92706 INSURERF: COVERAGES CERTIFICATE NUMBER:WL/Auto/,ISO/SST REVISION NIIMPIFR• THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDjNG ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT To W1ICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, MIR TYPE OFINeURANCE IVSDAODL SUSRwn POLICY NUMBER POLICY EFF POLICY EXP LIMITS A X COMMERCIAL GENSRAL LIABILITY CLAIMS -MADE ❑ OCCUR % EACH OCCURRENCE $ 1,000,000 PREMISES Ea occurrence $ 500,000 MED EXP (my one person) $ 20,000 X 2018-p92tlY-N4o v 12/21/2016 12/21/2017 PERSONAL&ADV INJURY $ 1,000,000 GENL AGGREGATE LIMIT APPLIES PER: POLICY M JEaT X❑ LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS-COMP/OPAGO $ 2,000,000 $DDedudlble $ OTHER: AUTOMOBILE LIABILINT Ea accident $ 1,000,000 BODILY INJURY (Par person) $ AANY AUTO AUTL. OWNED AUTEULED 2016 -09201 -SPO 12/21/2016 12/21/2017 BODILY INJURY (Per accident) $ X HIRED AUTOS X NPN-OVAEOpER�yp AUTOS A $ U, ecd ant $0 oedudlble $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ DED RETENTION$ $ WORKERS C014PENSATION ANDEMPLOYERS'LIABILITY YIN ANY PRO PRIETORlPARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? � N/A PER 0TH- STATUTE ER L EEACH ACCIDENT $ E.L. 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Privacy and Cyberliability is included by way of the attached endorsement NIAC E52 endorsed to the General Liability policy. � City of Santa Ana (The) Finance & Management Services Agency 20 Civic Center Plaza PO Bax 1988 M-16 Santa Ana, CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED Eynon/JEREMY rW ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD INS025 (201401) POLICY NUMBER: 2016 -09201 -NPO ✓ COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL. GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Any person or organization that you are required to add as an additional insured on this Policy, under a written contract or agreement currently in effect or becoming effective during the term of this policy. The additional insured status will not be afforded with respect to liability arising out of or related to your activities as a real estate manager for that person or organization. Information required to complete this Schedule, If not shown above, will be shown in the Declarations. A. Section II —• Who Is An Insured additional insured the person(s) of organizations) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. hlowever: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional Insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreementto provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section 111— Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the mostwe will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 04 13 8 180 Properties, Inc„ 2012 Page 1 of 1 INION ,OFIT INSURANCE W ,x\tt, &NC:r:. OF CAUr(s NIA A MaPdonprpJuts, POLICY NUMBER: 2016 -09201 -NPO ✓ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT FOR PUBLIC ENTITIES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTION 11— WHO IS AN INSURED is amended to include any public entity as an additional insured for whom you are performing operations when you and such person or organization have agreed in a written contract or written agreement that such public entity be added as an additional insured(s) on your policy, but only with respect to liability for "bodily Injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your negligent acts or omissions; or 2. The negligent acts or omissions of those acting on your behalf; in the performance of your ongoing operations. _No such public entity is an additional insured for liability arising out of the "products- -Cornpleted operations hazard" or for liability arising out of the sole negligence of that public entity B. With respect to the insurance afforded to these additional insured(s), the following additional exclusions apply. This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All vdork, Including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which injury or damage arises has been put to its Intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. The following is added to SECTION III — LIMITS OF INSURANCE: The limits of insurance applicable to the additional Insured(s) are those specified in the written contract between you and the additional insured(s), or the limits available under this policy, whichever are less. These limits are part of and not in addition to the limits of insurance under this policy. D. With respect to the insurance provided to the additional insured(s), Condition 4. Other Insurance of SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced bythe following: 4. Other Insurance a. Primary Insurance This insurance is primary if you have agreed in a written contract or written agreement: NIAC E61 1215 t-'--� ����,--ti y/ � �� � Page 1 of 2 (1) That this insurance be primary. If other Insurance is also primary, we will share with all that other insurance as described in a. below; or (2) The coverage afforded by this insurance is primary and non-contributory with the additional Insured(s)' own Insurance, Paragraphs (1) and (2) do not apply to other insurance to which the additional insured(s) has been added as an additional Insured or to other insurance described in paragraph b. below. It. Excess Insurance This insurance is excess over: 1. Any of the other insurance, whether primary, excess, contingent or on any other basis: (a) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (b) That is fire, lightning, or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (o) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises temporarily occupied by you with permission of the owner; or (d) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g, of SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE. (e) That is any other insurance available to an additional insured(s) under this Endorsement covering liability for damages arising out of the premises or operations, or productscompleted operations, for which the additional insured(s) has been added as an additional insured by that other insurance. (1) When this insurance is excess, we will have no duty under Coverages A or B to defend the additional insureds) against any "suit" if any other insurer has a duty to defend the additional insured(s) against that "suit". If no other Insurer defends, we will undertake to do so, but we will be entitled to the additional insured(s)' rights against all those other Insurers. (2) When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss In the absence of this insurance; and (b) The total of all deductible and self-insured amounts under all that other insurance. (3) We will share the remaining loss, if any, with any other insurance that Is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Methods of Sharing If all of the other insurance available to the additional insured(s) permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any other the other insurance available to the additional insured(s) does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. � N IAC E61 12 15 Page 2 of 2 NONPROil S'7"S I.NSt:iAZA.NCE ALLIAMCP Oi (XMIO Wra A arrear rc,Nnnrtrnrrrk, POLICY NUMBER: 2016.09201 -NPO THIS ENDORSEMENT CHANCES THE POLICY, PLEASE READ IT CAREFULLY, PRIVACY LIABILITY AND CYBER COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRIVACY AND ELECTRONIC DATA LIABILITY (IDENTITY THEFT INCLUDED) A. The following paragraphs are added to the Definitions Section: "Electronic data" means Information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, Including systems and applications software, hard or floppy disks, CD ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. "Identity theft" means fraudulent appropriation and use of a person's identification or personal information, including both "electronic data" as well as information contained in printed or written format. Loss of electronic data" means: 1. Damage to, loss of, loss of use of, corruption of, Inability to access or inability to manipulate "electronic data;" and 1. "Identity theft." "Protected health information" means any information, whether oral or recorded in any form or medium - (1) That relates to the past, present or future physical or mental condition of an individual; the provision of healthcare to on individual; or the past, present or future payment for the provision of healthcare to an individual; (1) That identifies the Individual or with respect to which there is a reasonable basis to believo the information can be used to identify that individual; and (ii) as defined within the Health Insurance Portability and Accountability Act of 1996, 42 U.S.G. §1320d - 1320d•8 ("HIPAA") and other similar federal, state or local laws or statutes, B. The following paragraph is added to the definition of "insured contract" In the Definitions Section: g. That part of any other contract or agreement pertaining to your business that indemnifies another party for tort liability arising out of "loss of electronic data C. For the purposes of the coverage provided by this endorsement, the definition of "occurrence" in the Definitions Section is replaced by the following: 13. "Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. With respeotto "loss of electronic data," "occurrence" shall mean an MAC E62 07 13 Page 1 of NONPROVITS /i1.1.tA,V c:Y Or C'ni'.1rOKNIA nHOOd,r41exvm c,aHna.401NOMn1nfrt POLICY NUMBER: 2016.09201 -NPO accident, or a negligent act, error or omission or series of causally related accidents, negligent acts, or errors or omissions. D. For the purposes of the coverage provided by this endorsement, the following paragraph is added to the definition of "property damage" in the Definitions Section: c. "Loss of electronic data." All "loss of electronic data" shall be deemed to occur at the time of the "occurrence" that caused it. D. For purposes of the coverage provided by this endorsement, the definition of "personal and advertising Injury" is amended to include: h. The disclosure, loss or use of "protected health information All damages which arise put of an offense which constitutes a disclosure, loss or use of "protected health information" or a series of continuous or interrelated disclosures, losses or uses of "protected health Information" will be considered as arising out of one disclosure, loss or use of "protected health information' which shall be deemed to have been an offense committed on the date of the first such disclosure, loss or use of "protected health information" or violation of privacy rights through the disclosure loss or use of itprotected health information". E. For purposes of the coverage provided by this endorsement, the following paragraph is added to the definition of "property damage" in the Definitions Section: c. "Loss of electronic data." All "loss of electronic data" shall be deemed to occur at the time of the "occurrence' that caused it. F. For the purposes of the coverage provided by this endorsement the following Exclusion is added to Coverage B Personal and Advertising Injury Liability; 2. Exclusions:(11)fines, penalties, sanctions, punitive or exemplary damages, the multiplied portion of multiplied damages, non -pecuniary relief or any amount arising from matters deemed uninsurable under the law pursuant to which this policy shall be construed. 11. SECURITY EVENT COSTS AND EXPENSES A. We will reimburse you for reasonable costs and expenses you incur, with our priorwritten consent, for notification of a "security event" to third parties in compliance with governmental orjudicial requirements, or for credit protection services furnished to third parties whose private information may have been disclosed. A. The following paragraphs are added to the Definitions Section: "Security event" means: An act, error or omission that results, during the policy period, in unauthorized access or unauthorized use of your computer system; or 1. Unauthorized or unexpected interference by anyone that restricts or prevents access, during the policy period, to a computer system by persons who are authorized to gain such access; or 2. Infection of your computer system, during the policy period, by corrupting or harmful computer code. NIAC E52 0713,vrr 7i —a-60 � / ($� Page2of3 NONi?FtOET S INSURANCE WMEMM ANAANa; f 60 C:ar.11-Owv 1A uwina�r,taro:vnl�",Arra"fol Ncn;,rnfrrx, POLICY NUMBER: 2016.09201 -NPO C. Our maximum aggregate limit of liability for all "security event" costs and expenses covered by this policy shall be $50,000. III. CYBER EXTORTION A. We will reimburse you for reasonable costs and expenses you incur, with our prior written consent, because of a threat or threats, during the policy period, that Include an actual extortion demand related to your computer system. A. Our maximum aggregate limit of liability for all costs and expenses due to extortion covered by this policy shall be $50,000. IV. CRISIS MANAGEMENT AND REWARD EXPENSES A. We will reimburse you for all reasonable costs and expenses you incur, with our prior written consent, for "crisis management" due to a "security event," If that "security event" takes place during the policy period. A. The following paragraph is added to the Definitions Section: "Crisis management" means hiring fora specified period of time following a "security event" such organizations as a law firm, an information security firm or a public relations firm, as well as preparation and placement of advertisements and public relations activities. B. Wewill reimburse you for ail reasonable costs and expenses you incur, with our prior written consent, for payment of a "reward." C. The following paragraph Is added to the Definitions Section: "Reward" means the reasonable amount that you pay a person for information regarding a "security event" or threatened or actual extortion covered by this policy; provided that the information is not otherwise available and leads to the arrest and conviction of a person responsible for the crime. D. Our maximum aggregate limit of liability for all "crisis management" and "reward" costs and expenses covered by this policy shall be $25,000. NIAC E52 07 13 Page 3 or 3