HomeMy WebLinkAboutPEREZ, DINO - 2017A-2017-164-07
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ARTS AND CULTURE ARTIST GRANT PROGRAM AGREEMENT BETWEEN
()-. CO A 0 THE CITY OF SANTA ANA AND DINO PEREZ
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This Artist Grant Agreement ("Agreement") is made and entered this 5`h 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 (Dino Perez)
("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. Fundinp.
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 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
any of the Reports, except where specifically requested. The Reports shall be in a format that is
INSURANCE NOT REQUIRED
WORK MAY PROCEED
CLERK OF COUNCIL.
DATE: VItA l
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
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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.
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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
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: Dino Perez
1128 S. Spruce St.
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.
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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:
.H�:���
Marra D. Huizar
Clerk of the Council
APPROVED AS TO FORM:
Sonia R. Carvalho
RECOMMENDED
Robert C. Cor e� z X
Deputy City((�ana-er
City Manage' 5'Office
CITY OF SANTA ANA
GRANTEE:
Name: Offla fC Z
Title: A c 4 ; -F
EXHIBIT A
ARTS AND CULTURE ARTIST GRANT PROGRAM
APPLICATION
Dino Perez - Visual
Dino Perez
5/11/2017
Artist Name & Category of Art:
Dino Perez - Visual
City Ward of Residence:
1128 S. Spruce St Santa Ana 92704 ward 5
City Ward of Project:
Ward 2
Name of Applicant:
Dino Perez
Address:
1128 S. Spruce St Santa Ana, CA 92704
Phone Number:
714-673-8479
Email:
dino@dinoperez.com
Website:
dinoperez.com
Letter of Support - Name & Affiliation:
John Spiak - Community Engagement partnership with Grand Central
Brief Description of Project:
To create a series of paintings that will explore the migration my family made from
Mexico to Santa Ana, exploring identity being of first generation Mexican American and
exploring my coming of age in Santa Ana. Paintings to be on display at OCCCA.
Type of Application::
Artist based in Santa Ana
Need::
$5000
I am applying for::
Materials & Supply
If other please state below::
Artist Statement:
Growing up my parents would always encourage my love for art and would sit and draw
and color with me even though they were not artists themselves. By age four they
realized I was engaged with the colors and designs. They would take the time to help
me develop my artistic skills. These are my fondest childhood memories.
In 2007 while attending the Art Institute of CA — OC, I took my first painting class and
have since been creating paintings and displaying them throughout Downtown Santa
Ana. My art is made through a graphic designers point of view. Everything is intentional
and outlined in details, taking into consideration the elements of design and my own
culture. I create color palettes for each painting and in each hue, drawing inspiration
from surrealist artists from the 1920s and 1930s.
I create with the intention that others will enjoy my art and find happiness in the
paintings. I would like other children to be able to color and create with their parents. In
2015, 1 created "Coloring with the Community" with the mission to unite families,
neighbors, and friends through the magic of coloring. I joined Community Engagement
in 2016, a non profit that brings are to underserved communities and have been working
directly with the residents at Triada which is in the Lacy Neighborhood. In 2017 1 was
named as one of OC WEEKLY'S People of 2017. My art is not only being
commissioned by Downtown businesses and residents, it's inspiring Santa Ana,
bringing families together and bridging the divide amongst the new developers and
cultural traditions.
Narrative for proposed use of funds::
My father left Mexico to travel through tunnels to sneak into the United States with his
brother, leaving my sister and mother behind. And myself in my mother's womb. This is
where life begins for me. My mother and sister would later cross the border using fake
identification to meet my father in Santa Ana where I would soon be born. Coming of
age in Santa Ana, I would always wonder what my life would have been like had my
parents not left Mexico for Santa Ana. I grew up first generation along with most of my
neighbors, friends, and relatives. The struggle with identity and not knowing where you
truly belong was something I had to face daily. Art would allow me to express my
thoughts and feelings as a child and I continued to do so as I grew up. Through chicano
art I would feel comfort and acceptance while trying to navigate through two worlds.
My project would be to explore my family's migration to Santa Ana from Mexico, my
coming of age in Santa Ana, and the struggle of identity being the child of immigrants
and finding my identity through art. All of this would be painted with acrylic paint on
wood. I will create 8 paintings and the sizes will range in height from 3' to 6' and taller.
The series of paintings will be displayed at the Orange County Center for Contemporary
Art (OCCCA). The show will be open and free to the public. The paintings will be done
in my surreal style, using iconography from my art that is representative of my story.
With these paintings I hope to inspire others who may currently be struggling with the
pressures of being first generation in Santa Ana. I would also like others to find comfort
in this series I hope to explore.
I grew up heavily inspired by my culture and surroundings in Santa Ana. Including the
color palette that used to be at Calle Cuatro. Those soft pastel pinks and blues have
forever stayed with me. Images of the two headed serpent, eagles, green parrots, La
Virgen de Guadalupe have all shaped my art. Weekend's at the swap meet were spent
staring at all of the various shirt graphics that would be worn by fellow residents. I am
now in a position to be able to influence a new generation of Santa Ana residents and
would like the opportunity to share my story and experiences coming of age in Santa
Ana. Letting them know that I too have parents that migrated from another country to
Santa Ana in search of a better life.
Supplemental Question 1:Please describe any additional City of Santa Ana
resources required for your project (permits, public space, licenses etc.)?:
None
Supplemental Question 2: Is this a new or existing program/project?:
This is a new project exploring identity as a first generation Mexican American that was
born and raised in Santa Ana.
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 series of paintings exploring my coming of age in Santa Ana as a first generation
Mexican American will be shown at the Orange County Center for Contemporary Art
(OCCCA) and it will be free and accessible to the public.
Supplemental Question 4: How will this project enrich the Santa Ana arts and
culture community?:
This project will enrich the community because it will give a voice to many who grew up
like me having parents born in Mexico and having to navigate through two different
worlds. This will help
Dino Perez
1128 S. Spruce St. Santa Ana, CA 92704
dinondinoperez.com
dinoperez.com
714-673-8479
EDUCATION
2007-2011
Art Institute of CA — OC
Graduated with a Bachelor's of Science Degree in Graphic Design
PROFESSIONAL EXPERIENCE
2010 — present
Santa Ana Art Walk
Santa Ana, CA
Santa Ana, CA
Exhibiting and selling my artwork monthly since January 2010 at the Artist's Village.
2011 —present
Freelance Graphic Designer
Creating graphics for clients to be used for print, brochures, web, apparel, posters, signs,
illustrations, paintings, coloring books and others graphics. Clients include Goldenvoice and OC
Fair.
2014-2014
Utility Box Art
Santa Ana, CA
Painted a utility box for the City of Santa Ana on 41 and Bush in Downtown Santa Ana.
2016-2016
Alta Baja Market
Santa Ana, CA
Painting murals inside all of the walls of Alta Baja Market located inside of 4th Street Market.
2016 — present
Community Engagement
Santa Ana, CA
Artist -in -Residence at Grand Central Art Center through a partnership with Community
Engagement. Coloring with the Community is a project I started to bring together underserved
communities in Santa Ana through coloring. I create coloring pages and host coloring events for
a community in the Lacy neighborhood of Santa Ana. I average 100 residents per event and am
currently mentoring dozens of children. Coloring with the Community is a part of Community
Engagement.
GCAC
GRAND CENTRAL ART CENTER
MT WESTRIG=-
April 27, 2017
To: Santa Ana Artist Grant Review Committee
RE: Dino Perez
Dear Santa Ana Artist Grant Review Committee
It is with great pleasure that I submit this letter of recommendation of Mr. Dino Perez in support of
Santa Ana Artist Grant.
I have been fortunate to be hosting Mr. Perez as an artist -in -residence as part of the Grand
Central Art Center (GCAC) artist -in -residence program, in collaboration with Orange County non-
profit Community Engagement. The residency of Mr. Perez at GCAC has been extremely well
received by our audience, fellow residence, and the communities with which he has been
working.
As an artist, he has been extremely generous with his time during the residency, speaking with a
diverse range of groups, from university students and community, and collaborating with teen
programs and fellow artists. It is wonderful to see how Mr. Perez has used the time spent at
GCAC, and the greater awareness of his creative activities, to leverage and further his artistic
vision and goals, as well as becoming further engaged within his own local arts community of
Santa Ana and the region.
Through my dialogues with Mr. Perez, it is completely clear that he has commitment,
understanding, respect, education, professionalism and pure passion for the creative process, art
making and socially engaged art practices. His social observations provide unique perspectives
of the city and those within, bringing forward aspects of our everyday lives that often are
unobserved. He delivers a fresh and professional approach to all that he produces and does so
with total integrity and joy. He is an individual I will constantly keep my eye on and look toward
for inspiration and innovation. It is for all of the above reason that I write enthusiastically in
support of Mr. Dino Perez to receive one of this years Santa Ana Artist Grants.
Respectfully submitted,
John D. Spiak
Director/Chief Curator
125 N Broadway, Santa Ana 714.567.7233
CA 92701 ! GrandCentralArtCenter.com
Portfolio Submission Dino Perez
INVESTING IN THE ARTIST
Sample Project Timeline
DATE
ACTION
OUTCOME
8/2017
begin first 4 paintings
5 months painting 4 panels
1/2018
complete first 4 paintings
completed first 4 paintings
2/2018
begin last 4 paintings
begin last 4 paintings
7/2018
complete last 4 paintings
complete last 4 paintings
8/2018
have art show at OCCCA
Art show exhibit
INVESTING IN THE ARTIST
LINE ITEM BUDGET
PROPOSED GRANT FUNDED PROGRAMMING SERVICES
EQUIPMENT, MATERIALS AND SUPPLIES
Item
(equipment, material, supplies for
project)
Quan-
tity
Unit
Cost
Total
Cost
Grant
Funds
Requested
creating the painting/labor
8
500.00
4,000.00
4,000.00
acrylic paint for paintings
30
10.00
300.00
300.00
paint brushes for paintings
10
10.00
100.00
100.00
wood panels for paintings
8
75.00
600.00
600.00
5,000.00
ADDITIONAL EXPENSES
Description Total Cost Grant Funds
(permits, fees, facility rental for project) Requested
Artist is responsible for maintaining documentation of expenses paid for with grant
funds. Documentation, such as receipts for expenses, will be required for submittal on
the interim and final reports. If receipts are not available for certain expenses, a letter
from the artist certifying the expense may be accepted on a case by case basis.
INVESTING IN THE ARTIST
LINE ITEM BUDGET
PROPOSED PROGRAM BUDGET PROPOSAL
Enter budaet cateaories and oroiected expenditures for the or000sed nroaram-
Category
Expenditures
Funded By
Santa Ana
Grant
Expenditures
Funded By
Other Sources
(Including in-
kind)
Total Project
Budget
Equipment Total
Supplies Total
Materials Total
17000.00
1,000.00
painting/labor
4,000.00
4,000.00
TOTAL
5,000.00
5,000.00
PROJECT REVENUE
LIST ALL OTHER PROJECT RESOURCES
dlnutl�t�I-101111M
111L1�]Iile�Y�1�13�
MILO 11
AMOUNT
Santa Ana Artist Grant 1 5,000.00
TOTAL PROGRAM BUDGET L 5,000.00 I
City of Santa Ana, Community Development Agency
20 Civic Center ,Plaza, M-25, Santa Ana, CA 92701 (714) 647-5360
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