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HomeMy WebLinkAboutCRUZ, VICTOR-2016INSURANCE NOT REQUIRED A- 2016 -188 WORK MAY PROCEED CLERK OF COUNCIL. DATE: SEP 13 2018 ARTS AND CULTURE ARTIST GRANT PROGRAM AGREEMENT BETWEEN THE CITY OF SANTA ANA AND VICTOR CRUZ This Artist Grant Agreement ( "Agreement ") made and entered this 5th day of July, 2016, 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 Victor Cruz ( "Grantee ") and, collectively with City, the "Parties ", is for the purpose of providing grant funding pursuant to the Arts and Culture Artist Grant Program. 17xdi ml A. On February 2, 2016, the City Council authorized the release of the "Investing in the Artist Grant Opportunity Application," finding that it serves a legitimate public purpose to enrich and invigorate the Santa Ana arts and culture landscape. B. On June 16, 2016, 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. C. On July 5, 2016, the City Council approved the grant funding for Grantee and authorized the execution of this Agreement. D. In undertaking the performance pursuant to this Agreement, Grantee represents that it is skilled and knowledgeable in the arts and culture arena and that any 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 Five Thousand Dollars ($5,000.00) ( "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 institutions for grant awards and an 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 2, 2016, a copy of which is attached as Exhibit A and incorporated into this Agreement as if set out in full. 3.2. To submit all reports (each, a "Report "), which shall include, at a minimum, the items set forth as required by the Application. No personally identifiable information shall be included in any of the Reports, except where specifically requested. The Reports shall be in a format that is reasonably acceptable to City. City may request additional information as City, in its sole discretion, determines is necessary to monitor performance of this Agreement. City shall have the right to use any Reports submitted by Grantee, or any portion thereof, for any reason. 3.3. To facilitate site visits, conference calls and audits of Grantee, as reasonably requested by City. 3.4. 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. 3.5. 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. 3.6. The Project may not include any breach of intellectual property, trademarks, brands, or images of illegal activity. 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 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, or 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. 72 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. 7.6. 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 3 either party or its right at any time thereafter to require exact and strict compliance with provisions of this Agreement. 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: Victor Cruz 301 Duke Lane Santa Ana, CA 92704 City: City of Santa Ana Clerk of the Council (M -30) 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 FAX (714) 647 -6956 7.8. 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 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 4 City, Grantee shall provide, at its expense, copies of all financial and accounting records produced by it arising out of this Agreement. 7.12. 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. 7.13. Grantee grants to City a non - exclusive, irrevocable, transferable, royalty free, worldwide license to use, reproduce, display, distribute, and prepare derivative works for the Project conceived, performed or created as a result of this Agreement. 7.14. 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. 7.15. Neither party shall assign any rights or obligations under this Agreement. 7.16. 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. 7.17. 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. 7.18. 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. 7.19. 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA ` nl? 0 ! Maria D. Huizar p�,— David Cavazos Clerk of the Council City Manager APPROVED AS TO FORM: Sonia R. Carvalho RECOMMENDED FOR APPROVAL: l� Robert C. Cortez -- ' rte/ Special Assistant to the City Manager City Manager's Offi ce GRANTEE: Name: Ui c,4'o r Cry Z Title: w mII :l� ARTS AND CULTURE ARTIST GRANT PROGRAM APPLICATION Victor Cruz Visual Arts Victor Cruz 5/2/2016 Artist Name & Category of Art: Victor Cruz Visual Arts City Ward of Residence: 5 City Ward of Project: Multiple Name of Applicant: Victor Cruz Address: 301 Duke Lane Santa Ana, CA 92704 Phone Number: 714- 418 -3857 Email: victorcruz1990 @yahoo.com Website: n/a Letter of Support - Name & Affiliation: Jose Ugarte -Jose Ugarte Pena -City of Los Angeles, Council District 9 Field Deputy Brief Description of Project: A series of four large -scale woodcuts focusing on the work ethic of immigrant elders. Prints of the works will be created and installed all over Santa Ana in various small venues including moving /shipping trucks making this a moving exhibit. A website will be developed for this project containing subject stories so that the viewer can be better educated about the subject's labor. This would bring subject and viewer closer together promoting a sense of pride and community. Type of Application:: Artist based in Santa Ana Need:: $5000 I am applying for:: Equipment, Materials & Supply,Other If other please state below:: Research Artist Statement: Victor Cruz — Artist Statement Mainly focusing on older working class immigrants for this project, my artwork reflects and pays tribute to their laborious, tedious and seemingly endless exertions. The creation of woodcut portraits and the subject's work environment serve to illustrate that from these repetitive and strenuous labors can arise something unique, beautiful, and essential to society like the works of "tamaleras, paleteros, food truck workers, fruit vendors, jornaleros" that only the hand can produce. The materials I use to create these pieces such as wood and various hand tools further parallels this working sector. The hundreds and even thousands of deep cuts composing the art pieces also aim to imitate the subjects' day -to -day struggles, and how those struggles compose their stories. The woodcuts being made on sturdy, large -scale wood panels speak on the subjects' longevity in their occupations since some have been plying their trade in the very same spot for decades. Documenting the stories and work procedures of these individuals provide a meaningful connection to the viewer and humanize the worker. Knowing that the tamalera starts her process at tam and ends sales in the evening allows the consumer to appreciate her and the end product to a greater degree. Often times we interact with this specific working class yet never come to know their names. Bringing a name to the nameless can have a significant impact on viewer and subject. The installation of these works in multiple spaces in Santa Ana will serve to juxtapose the city's continuing development. The installations aim to endure, like their corresponding subjects, in a time where there is great change and at the very least state that "They were here and were truly long standing, cultural monuments to the city ". Narrative for proposed use of funds:: Being an undocumented student has posed several challenges throughout my life. One of the major obstacles has been financing my education and artwork. I excelled in both high school (ranking 7/963) and a demanding, top arts institution like Pratt Institute (achieving A's and B's). Even with various and significant scholarships I have had to take several years off from school due to finances and medical expenses. Medical care has also been a challenge. This grant will allow me to obtain proper equipment that will last decades and would further my artwork and contributions to my community. Four distinct works will be created each composed of a subject /subjects from different wards of the Santa Ana. These works range from 3 ft. by 5 ft to 4ft by 8ft. Research will precede the creation of the woodcuts. After the woodcuts are complete they will be photographed and vectorized in Adobe Photoshop or Illustrator where color will be added. These digital prints will have OR codes directing viewers to the website. Hand - prints will also be produced using traditional means. After installation and website development the project will be uploaded with the works available for purchase. If the original woodcuts are bought, 20% will go directly to the corresponding subject. The proposed funds would mainly be used for equipment and materials to produce the large -scale pieces. Equipment expenditures equate $2,122.52 or 42.45% of the $5000 grant budget. This category includes carving tools, safety gear and equipment for documentation and reproduction of the artworks. Material expenditures stand at $1861 or 37.22% of the total budget. Materials include the wood and brushes that are needed to complete the woodcuts. Supply expenses equal $84.40 or 1.68% of the budget. This category would be geared towards reproduction of the works. Additional expenses include research, website development, and large scale printing stand at $902.50 or 18.05% of the grant budget. Supplemental Question 1:: No additional City of Santa Ana resources will be required. Like one of my previous projects, the installation of these works will rely on community spaces that do not require permits. Having already spoken and agreed with seven locales (moving /shipping truck owners, private small business owners and private building owners) for the installation of these works gives me confidence that I can reach an audience without the use of permits or licenses. Having founded and organized an annual community arts project like the Orange County Dream Team's Art Show gives me the confidence and experience to execute this endeavor. Supplemental Question 2:: New project. Supplemental Question 3:: Small business owners that have never had any type of artwork or are in need of beautification would display the art. These works will be accessible to any viewer and further information would be set up in the website. The works, which will be displayed indefinitely, will enrich Santa Ana arts and culture by promoting a strong sense of community. Having the subjects' stories and work processes online will bring viewer and subject closer together and will provide a stronger sense of culture and community. Knowing how laborious it is for many of these workers to sell their goods brings a sense of appreciation and enrichment for the viewer. Supplemental Question 4:: Having the subjects' stories and work processes online will bring viewer and subject closer together and will provide a stronger sense of culture and community. Knowing how laborious it is for many of these workers to sell their goods brings a sense of appreciation and enrichment for the viewer. This new project will be able to expand in the future within Santa Ana and various cities. With some installations being on trucks the exhibit will reach many cities. Being part of several organizations has allowed me to work and travel to diverse communities in California, Arizona, and Florida. Studying in New York and living and mentoring in the Bronx and Brooklyn has broadened my sense of community. My end goal is to highlight the unwavering immigrant work ethic of many cultures across the United States that inspire and enrich current and future generations. This grant would be a great step towards a diverse and beautiful American mosaic. LU z LLI U uj m 0 F- uj F- z (D z LU 'N 4m -15 N a R." lam z llg� At' �ggkom, �k g PP q 2 ON W I 0 sg �o C Ileu Mltl A 6 ZVI I'll Awl, 31, �ILA � 11 1� >� - - a of -' - g � 6 'R -U 112-HOR, ti P R's - S �-v VON W, u Q v O 0 -W -1 M, 1 U, Is wi 0- m;A w Ij ACEW5 3: Q, So V�l Me -sil 7'- g� -u 2 • E mg- Sgg 'v w 0 -0:A 'qJP-5 � 0, 0 u 0 0 '0 C"o AARZ"' ITS, llp� 2 2 o u 'E M rT so E I V A. E -,EL-­'s----' gy 0 MIM7,90 im U 0 �-f ". u"g":T z 5,lr t ykz. sr o ' 0 n" u -Q12 0 'V " ;E "'ii �E + .0 —W - , 0 ME -.0 1 'u 0 E 51 °J V "Z 0 'E - I'm .2 161 al o On i2o--A • U d) -,E --E'- 0 0 0 E E C-5 0 A u 0 0 ;a 0 0 u 0.-, M U Ln u U 0 OJ 0 0 c): 3m,:E o INVESTING IN THE ARTIST LINE ITEM BUDGET (VQ i Piece' 1 for (for hand $938'1 irving Set tion of works 1 $399.5 le format) rries-6 $74.95 a (for pro Carving 1 'e $240.( ment $39.99 ing Stone 14.5 1 F Safety $74.5 300ts 1 $86. °_ Safety 1000 -6/50 $9,-- ied Safety $150 Variable - 1 $16.5 14.95 otary Tool 1 ( $130.5 'ies' ?20 -01 ' aoI Work 1 $39.5 i89= 01',11- Lary Tool and i $10.i Kit SRO $938.89 for (for hand tion of works 1 $399.5 le format) $74.95 a (for ientation and $130.93 'e ment $39.99 1 14.5 $10.77 F Safety $10.77 300ts 1 $86. °_ Safety 2 $9,-- ied Safety $150 is 2 -Pack- 1 $16.5 $938.89 $938.89 $240.00 $240.00 $74.95 $74.95 $1310.93 $130.93 $39.99 $39.99 $10.77 $10.77 $399.95 $399.95 $150 $150 14.95 14.95 $86.59 $86.59 $18.60 $18.60 $ 6.90 Wood Panel Poplar 56 "x29 3 $77 $231 $231 Wood Panels Red 1 naU q� „y�q„ 2 $160 $320 $3201 Wood Oak 80'ax29 "White I 2I $179I $3581 $35 INVESTING IN THE ARTIST LINE ITEM BUDGET (VC) Wood Panels Cherry 92 "x29" 3 $234 $702 $702 Wood Sealer Fvtarinr rallnn 1 $40.36 $40.36 $40.36 Brush Set (3- Piece) in. Flat, 3 in. Flat and 2 in. Brush Set (3- Piece) $7.9 $15, $15. clam s 4 Niece set 2 $38.99 $77.98 $77.98 Japanese Hard Rubber Brayers _1 $86.95 $86.95 $86.95 9.25; Paint Roller set 4 1/2 in.. and 6 -1/2 in. x 3/8 in. for 1 $8.58 $8.58 $8.58 Oster L installation Paint Roller ft.- 4' ft. ShelFlock 1 $19.98 ` $19.98 $19.98 Extension SUPPLIES Gamblin 175m1 Woodblock Ink 3 $13.95 $41.85 $ 41.85 Borden & Riley Newsprint Paper, 24" x 150', Roll for 2 $14.99 $29.98 $29.98 community SUPPLIES ($84.40)