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HomeMy WebLinkAboutMEDIA ARTS SANTA ANA, A PROJECT OF COMMUNITY PARTNERS (2)INSURANCEN04P06MI E�14D9-71F7430D-B9354E4C68A17877 N-2024-013 WORK MAY PROCEED CITY CLERK We .coRcm) CITY OF SANTA ANA DONATION AGREEMENT 1. PARTIES AND DATE N C This Donation Agreement ("Agreement") is made and entered into this 15Tn day of November, 2023, by and between the City of Santa Ana, a charter city and municipal corporation a organized and existing under the Constitution and the laws of the California ("City"), and Media Arts Santa Ana, a Project of Community Partners ("Recipient"). City and Recipient are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. 2. RECITALS 2.1 Community Benefit. The City wishes to provide Recipient with funding to assist Recipient with "We AR Santa Ana," a citywide augmented reality art festival to be held from March 8 through April 6, 2024 ("Community Benefit"). The Request for Sponsorship Funds is attached hereto as Exhibit A and incorporated herein by reference. The Parties wish to enter into this Agreement to establish the terms and conditions under which the City will provide funding. 2.2 Public Purpose. The City believes there is a public purpose in showcasing a month- long innovative new arts and technology festival that provides bilingual augmented reality training courses for youths and adults, tours of public art locations throughout the city that address local issues, and a culminating AR exhibition. The foregoing is a general description of the public purpose, and is not necessarily the only public purpose to be gained from the Community Benefit. 3. TERMS AND CONDITIONS 3.1 Use of Funds. The City has chosen to provide Recipient with a one-time payment of EIGHT THOUSAND, THREE HUNDRED DOLLARS ($8,300) for this event because the City has determined that there is a public purpose to be served in supporting the Community Benefit. In executing this Agreement and receiving the funds, Recipient agrees to use the funds only for the purpose described and subject to the terms and conditions provided for in this Agreement. Should Recipient fail to use the funds for such purpose or otherwise comply fully with the terms of this Agreement, City shall have the right to terminate this Agreement and demand the return of the funds pursuant to Section 3.2 below. 3.2 Term; Termination of Agreement. This Agreement shall take effect on the date first above written and remain in effect unless and until terminated by the City. The City has the right to terminate this Agreement upon one day's notice, with or without cause. Should the City terminate this Agreement, it shall also have the right to demand the immediate return of all funds provided to Recipient pursuant to this Agreement, as well as interest at the rate of ten percent (10%) per annum. Notwithstanding the foregoing, the indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. 3.3 Waivers, Insurance or Other Obliatg ions. For purposes of the City's protection, if the City determines that the funds will be used for a purpose which may cause a significant risk of DocuSign Envelope ID: 103FD4D9-71F7-430D-B935-4E4C68A17877 CITY OF SANTA ANA DONATION AGREEMENT Page 2 of 4 injury, the City may, in its sole discretion, require Recipient to provide certain insurance and participant waiver/release protections. This right shall be on -going and may be implemented by the City at any time, and all insurance and waiver/release forms shall be provided on forms, in amounts and with provisions acceptable to City. 3.4 No Oversight by City. Nothing in this Agreement shall be implied or interpreted as City establishing or providing oversight, control or approval of the Community Benefit or any activities conducted by the Recipient. 3.5 Indemnification. Recipient understands, acknowledges and agrees that Recipient shall assume all risks associated with the Community Benefit, including, but not limited to, the possibility of death or serious trauma or injury. To this end, therefore, Recipient shall defend, indemnify and hold City and its officials, officers, employees, agents and volunteers free and harmless from and against any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any and all acts, omissions, willful misconduct or other activities of the Recipient or its officials, officers, employees, agents, guests, participants attendees, and contractors, including the performance of the Community Benefit or this Agreement, including without limitation the payment of all consequential damages and attorneys' fees and other related costs and expenses. The only exception to the Recipient's obligations hereunder shall be for claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries caused by the sole negligence, sole willful misconduct or sole active negligence of the City. Recipient shall defend, at Recipient's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, employees, agents, or volunteers. Recipient shall pay and satisfy any judgment, award or decree that may be rendered against the City or its officials, officers, employees, agents, or volunteers, in any such suit, action or other legal proceeding. Recipient shall reimburse City and its officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Recipient's obligation to indemnify shall not be restricted or limited by insurance proceeds, if any, received by the City, its officials, officers, employers, agents or volunteers. The indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. 3.6 Entire Contract/Modification. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. The terms and conditions of this Agreement may be altered, modified or amended only by written agreement signed by both Parties. 3.7 Authority to Enter Agreement. The person executing below on behalf of Recipient represents and warrants that the Recipient has all requisite power and authority to conduct its business and to execute, deliver and perform this Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement bind each respective Party. DocuSign Envelope ID: 103FD4D9-71 77-43013-13935-4E4C68A17877 CITY OF SANTA ANA DONATION AGREEMENT Page 3 of 4 N-2024-013 M WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. ATTEST: APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney CITY OF SANTA ANA U ; IA 1 �0 Tom Hatch Interim City Manager RECIPIENT: B Andrea Garcia -Miller VICTOR PAY Assistant City Attorney RECOMMENDED FOR APPROVAL Media Arts Santa Ana 1666 N. Main Street Santa Ana, CA 92701 �oacuSig d by: �1 L� vFCOCBC8 MrU , Alicia I-ara, President + CEO Community Partners 1000 N Alameda, Suite 240 Los Angeles, CA 90012 y _ �iliit>�'►_ .uu r �•.-i December 29, 2023 DocuSign Envelope ID: 103FD4D9-71F7-430D-8936-4E4C68A17877 CITY OR SANTA A.NA DONATION AGREEMENT Page 4 of 4 EXHIBIT A Request for Sponsorship Funds DocuSign Envelope ID: 103FD4D9-71F7-430D-B935-4E4C68A17877 City of Santa Ana Powered by Submittable D Title 0018 09/12/2023 by Victor Payan in Arts & Culture - Special Event id. 44033766 Sponsorship Request Form (SESRF) - 2023 910 E Grant St Santa Ana, California 92701 United States 619-701-0073 victor@masamed ia.org Original Submission 09/12/2023 Name of Primary Victor Contact Payan Contact Title Founding Director Name of Entity Media Arts Santa Aria (MASA) (organization, business, neighborhood association) Check the box that Nonprofit 501(c)(3) applies to your entity: Additional Applicant Media Arts Santa Ana (MASA), a Project of Community Partners Names (if applicable) Physical Address 1666 N Main Santa Ana CA 92701 US Mailing Address PO Box 1816 Santa Ana CA 92702 US Phone +16197010073 Email victor@masamedia.org Website www.masamedia.org Event Name/Title "We AR Santa Ana" Citywide Augmented Reality Art Festival DocuSign Envelope ID: 103FD4139-71 F7-430D-B935-4E4C68A17877 Event Date(s) March 8, 2023 - April 6, 2023 Is this event FREE Yes and OPEN to the public? Event Location(s) The festival will take place in all six of Santa Ana's wards with locations to be determined. Festival planning, free AR classes and the AR gallery exhibit will take place at MASA's digital maker space and MASARTE Gallery, located at 1666 N Main in Santa Ana. What city ward(s) will Ward 1 the event be located Ward 2 (click on link below to Ward 3 find wards)? Ward 4 Ward 5 Ward 6 Number of expected 800 attendance for your event Brief Description of With support from the Santa Ana Special Event Sponsorship, Media Arts Project Santa Ana (MASH) will produce the first "We AR Santa Ana" Citywide Augmented Reality Public Art Festival. This monthlong festival will take place in all six of Santa Ana's wards and will include an Augmented Reality exhibit in MASA's gallery space, MASARTE. The "We AR Santa Ana" festival will feature 15-20 local artists creating new work exploring what it means to be from Santa Ana from the lens of Santa Ana's past and envisioned future. As part of the festival, MASA will provide free AR classes to the public. Describe the "We AR Santa Ana" Citywide Augmented Reality Art Festival will benefit the community benefits Santa Ana community riot only by launching an exciting and innovative new of this event arts and technology festival, but also by providing a free augmented reality (AR) training course for 15-20 Santa Ana artists who may have no previous AR experience. The festival will launch at MASARTE Gallery on Friday, March 8, 2024, with tours of the public art locations throughout the city on Saturday, March 9 and Sunday, March 10. The project will also provide free bilingual augmented reality classes for youth and adults at MASA's TVGB digital maker space on four Saturdays within the month -long festival period (March 16, March 23, March 30 and April 6). The "We AR Santa Ana" Citywide Augmented Reality Art Festival will be presented and shared to the public, free of charge via AR public art experiences in all of Santa Ana's six wards, as well as an AR exhibit at the MASARTE Gallery, located at 1666 N Main in Santa Ana. The augmented reality artworks will be geotagged, sirnilar to Pokemon Go, and will be accessible using tablets and smart phones. These Augmented Reality public artworks will become fun destinations that encourage Santa Ana families to visit parks, historical and culturally -significant locations throughout the city and see them in a delightful new way. DocuSign Envelope ID: 103FD4D9-71F7-430D-B935-4E4C68A17877 The augmented digital overlays will be creative, engaging, playful and will be created by local artists to address community issues, histories and themes. Because the artwork is cloud -based and virtual, it can be accessed and viewed by the public 24 hours a day and seven days a week. We will promote the festival events via MASA's email list, which includes over 3,000 artists, community organizations, academics, teachers, Santa Ana residents and Santa Ana Neighborhood Association leaders. MASA also conducts a weekly Cafe MASA night at our TVGB space, providing free coffee, snacks and wi-fi to create community, conversations, and a safe networking space for SAAC residents and the public. During the festival, we will utilize Cafe MASA as open studio nights for the creation and discussion of AR artworks. We will also promote the festival via Eventbrite, Spark OC, targeted Facebook Ads, Instagram, Twitter, flyers and the City of Santa Ana's arts and culture Facebook page. All festival events will be free and open to the public. This project will teach Santa Ana artists and residents to learn how to use free and low-cost AR apps such as Adobe Aero to create their own artworks and enrich the quality of life and cultural expression in their communities. It is our goal that the "We AR Santa Ana" Citywide Augmented Reality Art Festival will jumpstart a multicultural community - based Augmented Reality movement in Santa Ana that will one day rival the city's mural tradition. Because Augmented Reality involves digital overlays to actual spaces, artists can create virtual murals, digital animations, characters, environments and experiences. Artists can create work from home without competing for physical walls, altering the physical environment or facing prohibitive costs of production. User-friendly apps, such as Adobe Aero, which is free, make the creation of AR experiences fun and accessible for youth, adults and seniors. MASA was selected as one of the first organizations in the country to beta test Adobe Aero's new geotagging functionality, and we want to share this new cutting edge technology with the Santa Ana community. Adobe Aero can also be loaded as a Spanish -language version. The app comes pre -loaded with tutorials and starter assets that include pre -built dinosaurs, robots, space exploration, layered illustrations, origami animals and animated characters. Adobe Aero is user friendly and does not require any coding for Santa Ana residents to start having fun and building AR experiences in their own homes! This project will benefit Santa Ana community and enrich the quality of life its residents by working with artists to create artworks that inspire, beautify, celebrate and invite participation in the MASARTE Gallery and in communities throughout Santa Ana. Only 17.3% of Santa Ana residents over 25 years old have a Bachelors degree or higher. The combination of economic realities and lack of higher education places Santa Ana residents at a significant disadvantage to DocuSign Envelope ID: 103FD4D9-71F7-430D-B9354E4C68A17877 obtaining access to arts and technology programs and augmented reality creation opportunities for learning and presentation. This project will benefit the Santa Ana community by providing critical first exposure to youth and adults from Santa Ana's diverse community to cutting edge technology that can start them on a path to explore educational programs in high school and college that lead to careers and well -paying jobs in the arts and technology sector. The classes we will be offering for free would normally cost hundreds of dollars to participate. Media Arts Santa Ana (MASA) is a community -based digital arts organization whose mission is to inspire and empower the next generation of digital visionaries through free and accessible youth media classes, workshops, screenings, workforce development, cultural agility, access to technology and creating pathways to 21 st Century jobs. MASA's core programs include the OC Film Fiesta multicultural film festival, the Millennial Producers Academy (MILPA), SMART Walk (South Main Art Retail & Technology), Cafe MASA, GrassRoots GarageBand, OC Cinema Camp and Murals and Media Class. MASA's beginnings date back to 2010, when co-founders Victor Payan and Pocha Pena launched the OC Film Fiesta, a Cinematic Celebration of Orange County's Diversity and Multicultural Heritage, In 2015, to provide an umbrella for our youth classes and special initiatives, Media Arts Santa Ana (MASA) was created, as a fiscally -sponsored project of Community Partners. Activating areas of Santa Ana underserved by arts programming and funding is central to MASA's work. We present programs in all of Santa Ana's wards, and our virtual content is accessible via our YouTube channel. MASA works to create positive social change, activate historically and culturally marginalized communities and broaden and deepen knowledge, understanding and appreciation of our diverse multicultural communities and their contribution to America's culture, history and social tapestry. MASA's cultural priorities include civic and artistic participation, combatting cultural erasure through first voice mediarnaking, and stimulating artistic production among youth, immigrants, disenfranchised communities, and those who have been deprived of historical access to culture -making technologies, training or presentation opportunities. MASA's programs invite intergenerational and intercultural participation. Providing a welcoming space for presentation, production, education and cultural exploration, MASA functions as a vital meeting and networking space for Santa Ana's emerging media arts community and accomplished industry leaders, artists and innovators of diverse backgrounds. MASA maintains positive relationships with many Santa Ana and Orange County organizations, and participates in community -led initiatives and organizing efforts. We regularly engage community members about issues important to them, and scout films, presenters and workshop opportunities to address them. DocuSign Envelope ID; 103FD4D9-71F7-430D-B935-4E4C68A17877 In May 2022, we opened TVGB, a 2,000 square foot facility in Santa Ana for media arts instruction, production and presentation. This enables us to house our core programs under one roof, increase our annual programming, and provide free multimedia instruction and meeting space for local community groups. In October 2023, we are launching MASARTE, a new 900 square foot visual arts/augmented reality gallery. MASARTE will serve as an exhibition space and curatorial incubator, providing classes, workshops, networking, and opportunities for emerging artists to learn how to curate, mount, produce and promote community -based visual arts exhibits. SMART Walk (South Main Art, Retail and Technology) partners with schools, businesses, and arts organizations to promote technology -based artforms, jobs and training programs for youth and adults. MASA's OC Film Fiesta is now the nation's premier cinematic celebration of OC's diversity and multicultural heritage. The two -week hybrid in- person/virtual festival features amazing films that connect Orange County residents with their international film heritages. MILPA (Millennial Producers Academy) is an innovative program that provides digital media arts production training, entrepreneurial skills and avenues to community involvement to young adults. Participants receive instruction in the creative and technical aspects of digital production, and work with community, social justice, health, cultural and advocacy organizations to develop technical skills in real -world projects. Participants learn to produce projects such as fundraising videos, citizen journalism, PSA's, podcasts and short documentaries about issues facing their communities. MILPA connects participants with job training via workshops led by professionals from film production, media, gaming, tech and legal video, providing critical pathways to 21 st Century jobs. MASA's Youth Cinema Camp provides creative and technical instruction to produce digital shorts focusing on historical narratives and silent cinema. MASA is a six -year presenting partner/curator for Arts OC's countywide Dfa del Nino Festival, which regularly contracts Santa Ana youth music and dance performers, as well as workshop artists from Santa Ana. The OC Di-C del Nino Festival draws approximately 9,000 attendees each year (www.ocdiadelni no. org). MASA provides critical points of entry to skills, technology, programming, and civic engagement to OC's multicultural, immigrant, LGBTQIA+, youth and vulnerable communities, who lack access to equipment, space, instruction and mentorship. Amount Requested 15000.0 Proposed Use of Augmented Reality Instructors, $3,000 Funds 2 instructors @ $50/hr x 30 hours DocuSign Envelope ID: 103FD4D9-71 F7-43DD-B935-4E4C68A17877 MASA will contract two Augmented Reality instructors to provide free training to participating artists from January through March 2024, as well as to conduct free weekly augmented reality classes open to the public on Saturdays during the festival (March 8-April 6, 2024). Classes will be offered free of charge for youth and adults in English and Spanish. Artist Stipends, $2,000 20 artists x $100 In addition to providing free Augmented Reality training, work space, wi-fi and use of iPads for the creation of their artworks, MASA will provide $100 stipends for up to 20 participating artists who complete the project. Equipment, $2,000 We are requesting $2,000 for equipment purchase and rental, including wifi hotspots, iPads, generators, color laser toner for printing fliers in-house, decorations, tables, chairs, and materials for hanging the gallery exhibit. AR Interns, $2,400 2 interns @ $20/hr x 60 hours MASA will contract two interns for this project, posting opportunities at SAUSD, Santa Ana College, Saddleback College, Chapman University and other local educational institutions. Marketing/Sigrlage/Ads, $1,000 This will be used to support Facebook ads, Spark OC, Peachjar ads to schools, at local festivals, community events and the Santa Ana Public Library, direct email marketing to more than 25,000 people in OC via MASA's substantial email lists and our partnership with Stay Connected OC and flyer distribution. We will also promote exhibits and events via our regular promotion for MASA's events for four monthe leading up to the "We AR Santa Ana" festival. Expenses in this category include printing, Facebook ads, signage, e-mail campaigns and in -person promotions and publicity at City -sponsored community events and festivals throughout Santa Ana. Technical/Documentation, $1,000 We are requesting $1,000 for video/photo/drone documentation and editing our footage for sharing on social media. Our documentarian will also document the participating artists' work and process for presentation and posterity. Publicist, $500 While we have a robust and effective outreach and marketing infrastructure, which has garnered us extensive coverage and OC Weekly cover stories in the past, we will be contracting a publicist to promote MASA and MASARTE events this year due to the decline in Santa Ana and DocuSign Envelope ID: 103FD4D9-71 F7-430D-B935-4E4C68A17877 Orange County's arts coverage. With the demise of the OC Weekly, limited coverage in the Daily Pilot and OC Register, absence of OC television news outlets and the Voice of OC's arts staff departing to form an as -of -yet unannounced arts writing non-profit organization, we feel this is an important need to maintain the news coverage our programs have historically generated. Insurance, $500 MASA will obtain insurance as required by this sponsorship opportunity. We have successfully completed several City of Santa Ana grant and funding opportunities, which have all been properly insured. Permits, $350 MASA will obtain permits as needed by the City of Santa Ana for events taking place on public property, parks, etc. Some venues we might consider for We AR Santa Ana public art locations include the Heritage Museum of OC, Old County Courthouse, Centennial Park, El Salvador Park, Rosita Park across the street from the Ciao Quang Temple and the former site of Fender Sales, Inc., which distributed Fender musical instruments to the world from Santa Ana in 1953. Fiscal Sponsor Fee (15%), $2,250 Community Partners charges a 15% fiscal sponsor fee for government grants and 9% fee for non -government grants. This is a fair and reasonable amount for the services they provide, which include fiscal oversight, financial accounting and guidance, access to funding opportunities, professional development and other services that have contributed to the sustainability, stability and successful expansion of MASA's programs and services. Community Partners charges a higher fiscal sponsor fee for government funding opportunities, because they are more complicated and require more reporting and staff time to administer. This is a reasonable rate. In addition to the $15,000 we are requesting from the City of Santa Ana Event Sponsorship program, MASA will be contributing $5,000 from its own budget to cover the cost of additional staff, wifi, space, refreshments and equipment. DocuSign Envelope ID: 103FD4D9-71F7-430D-B935-4E4C68A17877 By submitting this I agree application, I have read and agree to be bound by the terms and conditions of the Sponsorship Policy found on the website: https://www.santa- ana.org/cd/arts- culture-offi ce/s peci al - event -sponsorship - policy