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Home My WebLink About25A - AGMT - UTILITY CABINET PILOT SCHOOLSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 7, 2017 TITLE: UTILITY CABINET PILOT ART PROJECT PHASE THREE- ELEMENTARY SCHOOL DESIGNS (STRATEGIC PLAN NO. 5, 513) r 4,/ CITY AANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: p0•C• _o ❑ As Recommended ❑ As Amended ❑ Ordinance on Ian Reading ❑ Ordinance on 2 °d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute an agreement with the Santa Ana Unified School District for Phase Three of the Utility Cabinet Pilot Art Project in an amount not to exceed $1, 200.00, subject to non - substantive changes approved by the City Manager and City Attorney. ARTS AND CULTURE COMMISSION ACTION At its regular meeting on February 16, 2017 by a vote of 6:0 (Cribb, Absent), the Arts and Culture Commission recommended that City Council authorize the City Manager and the Clerk of the Council to execute agreements with the Santa Ana Unified School District representing six elementary schools participating in Phase 3 of the Utility Cabinet Pilot Art Program. DISCUSSION On November 4, 2013, City Council authorized the Utility Cabinet Pilot Art Program. The goal of the program is to enhance the city and provide opportunities for the community to connect with art in nonconventional spaces. The Utility Cabinet Pilot Art Project has successfully completed Phases One and Two with Santa Ana local artists. The purpose of Phase Three is to include elementary schools in Santa Ana so that students may participate in painting a utility cabinet. Six elementary schools have submitted their design templates (Exhibit 1). The location of the utility box for each school has been identified and verified by the Public Works Agency (Exhibit 2). With the approval of the designs by the City Council, the next steps would be for staff to meet with the Santa Ana Unified School District (SAUSD) authorized representative to sign the Agreement and Release of Liability (Exhibit 3), and work with the Public Works Agency to conduct a pre - installation meeting with the teachers from each school. Each participating school 25A -1 Utility Cabinet Pilot Art Program Phase Three March 7, 2017 Page 2 will receive $200 for paint and supplies. Painting is projected to begin in April 2017 and completed in June 2017. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal 5- Community Health, Livability, Engagement & Sustainability, Objective 5 (Promote a strong arts and culture infrastructure), Strategy B (Generate public and private support and resources to strengthen, expand and stabilize funding for the arts). ARTS AND CULTURE MASTER PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal 5- Support existing and create new opportunities for youth to engage in artistic and creative activities and career pathways, Strategy 5.2 (Support arts education in the schools by identifying and implementing partnerships and collaborations between the community (arts organizations, creative businesses, etc.) and the District that strengthen its progress towards goal achievement), and Strategy 5.3 (Develop collaborative programs between major institutions, arts organizations, SAUSD, Santa Ana College, and creative businesses, to develop career pathways). FISCAL IMPACT Funds in the amount of $1,200 are available in the Community Development Agency's Strategic Plan Projects, Contract Services account no. (05218018- 62300) for expenditure in FY 2016/17. Robert C. C ez Deputy City City Manager's Office APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Agency Exhibits: 1) Elementary School Designs 2) Map with Utility Cabinet Locations 3) Draft School Agreement /List of Schools /Release of Liability 25A -2 g Emma PPt dGAi IC1N wlyor sane Please noW that appddcants gust diva, Work or study In Santa l�na tq apply« Vlnyl Wrap$ are anceuraged butnot required. Exhibit I 25A -3 A Via( A c fl� A4,:�JPKWLY I Nota: TN dbm"on3 of the tomptate may not accurately faW all WMYWYM., pmposad designs must W a4lustoble. 25A-4 Utility Cabinet PIIot:Art Program Phe" "roo Appotation MY of saota*w 11 12 - -03V 4 Sk4ol- bo�*,�uq 4,kt-�,-vk 4. 16C 0 A Co IA ll'f A.- 100 i At theAMAR: rendering 'represevit your school and/or Santa �Ana? S ar. A► A Gift uAoLo* 4*may. rr b., 4iv br4ti i #01 S-4kirowOr PnNt- iqi+ ktv Page 2 O 3 25A-5 UOIRYObillet PllotArt Program Phase Thraa:Ap Oty of $Onta Ant pop z qa 25A-7 Utlilty Cabinet Pilot Art Program Phase T*ee Application MY of Banta Ana 0 25A -8 I 25A-9 S,% \--I .A lot Utility Cabinet Pilot Art Program Pha$e Three Apptitettson City of Santa Dina pue z o 25A -11 t No-to: The dimensions of the template may not aCwratelyrefied oO utility boxes: Proposeddesions must be a4pelo le 25A -12 NYRY4llVVI Gil r] P'N Slate ZIp, i -.. " r* Number � Mail greuuw- :Name Of Atil81 Prtenta! -- preC6eerr4 *- %arilrtmuvl(fsPx?Ol0Z 04 04 05 ire 3r QreQptararanee. A�p "picanPephN4srtPhY�flPUbilcatt ?r�S+Y g.publaart fllpdrta it the Litt' �tti %t 1d w rose p MdOrling {a Mpreaent:5anla Anal ' 25A -13 ® 1st & Downtown Plaza ® Main & Washington ® Raitt & MacArther UTILITY CABINET LOCATIONS 0 Flower & Bishop ® Greenville & Alton OFlower & Washington Exhibit 2 25A -15 25A -16 +. M 4 Agreement between the City of Santa Ana and the Santa Ana unified $ichool District This agreement is made and entered Into as of 2017, by and between the City of Santa Ana., a charter city and municipal corporation (hereinafter "lty"), and the Sonta Ana Unlfled $chop] Clistrlc# (hereinafter "SAUSIX) reprosentirig the schools ;lidlz oted to participate in the Utility Box Arf PI(oi Project (hereinafter "Sr hcoi(s }" listed on Exhibit A attached herewith and incorporated herein by this reference., in'' =;consideration of the promises coat lrred herein, the receipt and •adequacy of which is hereby acknowledged, the parties heretg agree as follows A. Preparation I. A representative from each School shall attend a mandatory pr<e- installation meeting with the City prior to starting work_ During this meeting City staff will identify any electro nics, equip.mont, and other facilities on the exterior of the utility box which shali net be printed; including, ai Official plaques stickers, or identification numbers b'A Keyholes, orkeyhole covers c; Vents orvlawperts S. Materiels 1. The Schools shall use the following paint type and paint products recommended by the City, , Paint Type: Prerniurn high solids 100% acrylic latex waterborne eXterior wall and trim paint; low sheen, eggshell or satin fihlshi minirnum 1,5 mil dry thickness'per coat. b. Paint h IL iii. iv. Exhibit 13 25A -17 2. SAUSD will purchase the needed paint and supplies, including paintbrushes, paint rollers, rolling pans, drop cloth, masking tape, latex gloves, and cups for blending /mixing pain. SAUSD must provide its own additional supplies if needed. C. Project 1, Each School will paint the utility box assigned to it by the City, and nothing more. Schools can commence work after the effective date of the contract. Painting of the box must be completed by June 9 , 2017. Painting may only occur during the hours of 7 a.m, to 7 p.m. A minimum sidewalk clearance of four feet must be adhered to at all times, 2. Artwork must include all visible sides of the utility box including the top. 3, Each School shall provide for City maintenance, operations, and emergency access to its respective utility box at all times. 4. Reserved. 5. Artwork 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. 6. Artwork may not include any breach of intellectual property, trademarks, brands, images of Illegal activity or involve the attachment of any objects to the box. 7. The Schools 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. The Schools 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. D. Property Rights SAUSD hereby waives any legal rights under Federal, State, local, and /or Administrative law to maintain the artwork upon City property, The completed work will be the property of the City, which retains the sole and absolute right and discretion to remove, modify, or replace the utility box, components of the utility box, or the artwork if necessary without compensation or notice to the SAUSD. 2. SAUSD grants the City the right to use any images, photographs or video of the artwork and the Installation process for publicity or promotional purposes and agrees that the results of such activity shall remain the sole property of the City. 2 25A -18 E, Payment The City agrees to pay, and SAUSD agrees to accept as total payment for all paint and paint supplies necessary for the Project, a total sum not to exceed two - hundred dollars ($200.00) for each School participating in the project. Pursuant to Exhibit A, there are six Schools participating in the project, which equates to a total payment of $1,200.00 to SAUSD, The City will send payment to SAUSD after an Agreement and Release from Liability forms, as attached hereto as Exhibit B and incorporated herein by reference, has been fully executed by a representative for SAUSD and a representative for each participating School. Completion of the artwork by each School will serve to verify that payment was used for the purpose of the project. Receipts will not be required. However, if a School is unable to complete the artwork for the assigned utility box by the completion date, then funds allocated for the School shall be returned to the City within a reasonable time. F. Indemnity and Release of Liability SAUSD 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 as a result of the negligent acts, errors or omissions or the willful misconduct of any School, or School's employees, subcontractors or other persons, agencies or firms for whom SAUSD is legally responsible in connection with the execution of the work covered by this agreement. SAUSD 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 declaration by the School. The SAUSD's obligations shall survive the termination of this Agreement. SAUSD 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 or installation of the artwork. 3. To protect the City, a representative from SAUSD and a representative from each participating School shall execute a Release of Liability form before participating in the Utility Box Art Pilot Project. A true and correct copy of the Release of Liability form is attached hereto as Exhibit B and incorporated herein by this reference. All terms and requirements of the Release of Liability shall be enforceable in addition to all terms and requirements of this Agreement. 25A -19 G. Repairs If any component of the City's traffic signal system is damaged as a result of any School's work, the SAUSD shall arrange for a licensed contractor to repair the damage at the SAUSD's sole expense. 2. The SAUSD has the first option to repair artwork if damaged, The City may repair, remove or modify damaged artwork if SAUSD is unavailable. H. Termination The City may terminate this Agreement at any time for any reason. SAUSD hereby expressly waives any and all claims for damages or compensation arising under this Agreement, 1. General Terms SAUSD is, and any of the SAUSD'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, worker's compensation benefits, injury leave or other leave benefits. 2. Neither party shall assign any rights or obligations under this Agreement. 3. 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. 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. 5. 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. 6, 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 25A -20 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. 25A -21 IN WITNESS WHEREOF, the parties - hereto haveex000* this Agreement the do, to and year first ahove written, ATTEST. MARIA j), HuizAR Clarkof the Council �VEIJ AS TO FORM R OARVA H 1 0 R6bohirnendod for Approval: Byi, Jorge Garcia $r,. Manaomeni Assistant city Managers Office 01TYOr :SANTA ANA 5ERAR00 MOUE-T Ming city Manager ,SAUS0 ByF m 25A-22 EXHIBIT A SCHOOLS PARTICIPATING IN THE UTILITY BOX PILOT ART PROJECT (PHASE THREE) SCHOOL SCHOOL ADDRESS BOXLOCATION PRINCIPAL 1) Advanced Learning Academy (ALA) 335 E. Walnut St 1sf & Downtown Plaza Kim Garcia 2) ;Days Elementary School 1405 French St Main & Washington RobertAngulano 3): Greenville Fundamental 3600 S. Raiff St Ralt &MacArthur Felisa Gear 4) 'Lowell Elementary School 700$. Flower St Flower St &Bishop RefugioGrecian 5) :Jim Thorpe Fundamental 2450 W. Alton Ave. Greenville &Alton Teresa Steller 6) Wilson Elementary School 1317 K Baker St Flower & Washington Ligia Hallstrom 25A -23 EXHIBIT B UTILITY BOX PILOT ART PROJECT (PHASE THREE) RELEASE OF LIABILITY 25A -24 LOOM RELEASE OF LIABILITY Santa Ana Unifiod Sohodl D16triat,(SAUSD) / Schoot InformallorxtPleeae, print) Authorized $AUSD [Sohool RepresohlatiVe Naffie., SAUSID I-School Address-, Ern ftiancy'Contact; WOlver and Usbilfty Release This waiver and Lability release shall apply to any SAUSID and/or Schookstaff,, students, volunteers,, executors or administrators, 25A-25 understand the-terms and stab; students,; and I have fully informed myself of the contents of this release by reading it before I signed it. I attest that I am an authorized SAUSD and /or School representative. I realize that by signing this document I am giving up legal rights to which the SAUSD and /or School staff, students, and volunteers may be entitled. Signature Printed Name 25A -26