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HomeMy WebLinkAboutSTEIMAN ENTERPRISES, LLC, DBA: THE ARTBAR/ARTSTARTERSINSURANECE j4DT REQUIRED N-20119-113 WORK MAY PROCEED COUCII_ JU 23 2019 ARTS AND CULTURE HEART LINK PROGRAM ARTIST GRANT AGREEMENT BETWEEN O' CDA CO) THE CITY OF SANTA ANA AND STEIMAN ENTERPRISES, LLC DBA THE ARTBAR/ARTSTARTERS This HeART LINK Program Artist Grant Agreement ("Agreement") is made and entered this 5th day of June, 2019, 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 Steiman Enterprises, LLC DBA The ARTbar/ARTstarters ("Grantee") for the purpose of providing grant funding pursuant to the HeART LINK 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 May 16, 2019, the Arts and Culture Commission reviewed all applicants and recommended that Grantee be awarded an artist grant based on its Application for its proposal to provide art sessions at The Link in Santa Ana ("Project"). A true and correct copy of Grantee's Application is attached hereto as Exhibit A and incorporated herein by reference. B. 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 six (6) months from the date first written above, unless terminated earlier in accordance with this Agreement. The City will have the option to extend the Agreement for an additional six (6) months, dependent upon an evaluation by the City and Mercy House staff, evidenced by a writing executed by the City Manager and City Attorney, 2. Fu, ndina. 2.1. Subject to Grantee's performance of all required actions under this Agreement, City shall provide funding, as detailed below, of an amount not to exceed Six Thousand, Five Hundred Dollars ($ 6,500) per six (6) month session, for a potential total amount not to exceed Thirteen Thousand Dollars ($13,000) ("Grant Amount" or "Grant"). 2.2. Grantee will be paid in two (2) installments per six (6) month session. First payment will be half of the funding amount provided above or $3,250 and will be provided within thirty (30) days of the full execution of the Agreement by the parties or the extension letter by the City, as applicable. The second and final payment will include the remaining amount of $3,250 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. 1 2.3. 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 April 12, 2019, a copy of which is attached as Exhibit A and incorporated into this Agreement as if set out in full. These deliverables shall include: weekly arts -focused workshops at The Link in Santa Ana for the duration of the six (6) month term; six (6) presentations of artworks created by residents during the workshops, at the end of each month, in the format of an exhibition, performance, online publication or combination of formats; and, working with Mercy House to create a survey tracking the retention rate of participating residents. 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 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. 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: Nicole Steiman Steiman Enterprises, LLC 26895 Aliso Creek Road, Suite B — 801 Aliso Viejo, CA 92656 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 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 I ^ µa rr V APPROVED AS TO FORM: Sonia R. Carvalho City Attorney OL — By: Ran . Hodge Assi t nt Ofty Attorney RECOMMENDED FOR APPROVAL: Steven A. Mendoza Executive Director Community Development Agency CITY OF SANTA ANA K ISTINE RIDGE City Manager GRANTEE: Name: C.c3VL—*MaorC, '1M Title: %�eX �r Y F,C LSLaf, VAIL EXHIBIT A HEART LINK PROGRAM APPLICATION Statement of Interest: Submitted by Nicole Stelman, The ARTbar/ARTstarters Our Specialty: Experiential Art Nicole Steiman, owner of The ARTbar/ARTstarters, has been providing hands-on art workshops and therapeutic art sessions in Santa Ana and surrounding areas since 2002, when her studio opened in the Santora Arts Building. She holds the following credentials: Bachelors Degree in Psychology, Masters in Human Resources Development from Chapman University, Life Coaching Credential from Institute of Life Coach Training, Certified Zentangle Teacher (CZT8), Certified Creativity Coach with Creatively Fit, along with being a self-taught artist in a variety of art media. Known as both The ARTbar and ARTstarters, Nicole and her partners specialize in helping troubled clients use their creativity to express emotions, increase feelings of well-being, and gain confidence in social environments. Our engaging and healing art sessions keep clients consistently coming back into contact with their care providers at these nonprofit locations. Many of these organizations have contracted with ARTstarters on a weekly basis for regular art sessions over the last 7 years. We currently conduct 5-6 workshops every week at various locations throughout Central Orange County. The organizations we serve offer intensive case management and mental health rehabilitation services to a variety of populations who are struggling with mental illness, addiction, homelessness, post -traumatic stress, aging, anger and coping strategies. Who We Serve: The ARTbar/ARTstarters has provided services to the following nonprofit service organizations: Youth: KidsWorks, Santa Ana Youth Offender Wraparound, a division of Waymakers (formerly CSP), Fountain Valley Collaborative Courts Full -Service Provider, a division of Waymakers, Fountain Valley Project Renew, Pathways Community Services, Orange County Transition -Age Youth: STAY, Pathways Community Services, Santa Ana and Tustin Adult & Veterans: Opportunity Knocks, College Community Services, Garden Grove Working Wardrobes, Santa Ana Transitional Housing: Grandma's House of Hope, Tustin/Anaheim Seniors: Grandma's House of Hope, Tustin/Anaheim Oasis, College Community Services, Anaheim Our Approach: It is our hope through this proposal that we can share our love and expertise in using art to heal and tell stories with the population at The Link in Santa Ana. The biggest benefit we provide is how clients FEEL during the PROCESS of art and the healing that it brings. Our biggest success is when the room gets quiet, and we see the stress erase from their faces and their smiles when they see the beauty they've created! The art is the bonus! We also realize the variety of skill levels and mental capacities that our clients bring into each session, and consistently stress our beliefs: • There is no right or wrong way to create art • Everyone is born with the gift of creativity • We learn about ourselves and life through the process of art • Art can make us feel GOOD! It's FUN! Our Proposed Program for The Link: We would like to provide some of our favorite art sessions as a 6-month program, focused around 3 themes that are each 2 months in length: Theme 1• Mindfulness Drawing (creating a moment of peace and intention) Collaborative ARTwork: INNER PIECE Intro Session: Intro to Mindfulness Drawing (Ink patterns on small pieces of paper using the Zentangle Method and various abstract patterns) Advanced Projects: Individual Projects (drawing, advanced designs, lettering and quotes) Theme 2: Urban Art with Acrylics (celebrating the art inside us all) Collaborative ARTwork: The Art Inside Me (Hand -painted Handprints collaged onto one large canvas) Intro Session: Abstract Painting with Acrylics Advanced Projects: Individual Projects: canvas wall hangings & paintings Theme 3: Fiber Arts (telling our stories in texture color, movement and sound) Collaborative ARTwork: Sharing Our Stories Under the Community Tree (A collaborative exhibit of yarn -wrapped sticks hung from a community tree, along with other story telling visual and performance -based art) Intro Session: Fiber -wrapped sticks (telling our story with color and texture) Advanced Projects: Storytelling, creative writing, poetry, movement, drumming, weaving, clay Deliverables: Focused on Retention and Confidence -Building: • Workshops appropriate for all ages, offered separately to families/children. • Intro workshops leading to a piece of art that can be combined into a larger, collaborative piece of artwork that can be displayed (in addition to creating more advanced pieces of art in subsequent workshops). • Intro workshops repeated each week for all to attend, no matter when they come into the program. (Although repeated, these workshops will be fun enough to take again and again, creating more and more pieces for the collaborative exhibit.) • Advanced workshops, offered to those who attend the Intro, which will help to keep clients coming back to create more intricate pieces of artwork, as well as creating a sense of accomplishment. • Six (6) presentations of artworks created by the residents during the workshops, delivered at the end of each month in a format of an exhibition, performance, online publication or combination of formats.