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Home My WebLink AboutADAMS, BRIANA H.City of Santa Ana Clerk of the Council AGREEMENT TERMINATION FORM Please complete this form in its entirety when the attached agreement and all amendments (if any) are no longer in effect. Note: If your agreement is grant related, please ensure that all grant retention requirements have been satisfied prior to signing the termination form. Is the agreement(s) a permanent record? Yes No Return form to the Clerk of the Council Office (M-30). Call 647-1520 if you have any questions. COTC Office Use Only C2-0 2-2, city of Santa Ans JAN 11 2024 City Clerks Office The agreement with fAVU R . 6,4 MM , -2022-016 '� " � and final payment has been made. No. was completed •n � �., r y (List all amendments. Use space below if needed.) ' Department: k Phone/Ext.: Signature: Date: :'agreements4ormsWorm - agreement termination form —golden rod.doc N DURANCE NOT REQUIRED C�, WORK MAY PROCEED 'Z CLERK OF COUNCIL :c SATE: CITY OF SANTA ANA DONATION AGREEMENT N-2022-016 1. PARTIES AND DATE IT This Donation Agreement ("Agreement") is made and entered into this 13th day of January, 2022, by and between the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and the laws of the California ("City"), and Briana H. Adams ("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 Open Stage, a community interactive art jam to inspire mixed -media art performances and grow a thriving arts and performance community that values black and indigenous LGBTQI+ womxn leadership, stories, and performances ("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 providing a fun and safe environment for the community to engage in their own creativity, meet other locals to collaborate, and get inspiration and mentorship from local professionals. 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 FIVE THOUSAND, TWO HUNDRED, SIXTY DOLLARS ($5,260) 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 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. CITY OF SANTA ANA DONATION AGRCCMENT Page 2 of 5 3.3 Waivers. Insurance or Other Obliations, 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 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 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 CITY or, SANTA ANA DONATION AGREEMENT Page 3 of 5 individuals who have signed this Agreement have the legal power, right and authority to make this Agreement bind each respective Party. N-2022-016 CITY OF SANTA ANA DONATION AGREEMENT Page 4 of 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. ATTEST: Daisy Gomez Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Ryan O. odO Assistan City Attorney RECOMMENDED FOR APPROVAL: CITY OF SANTA ANA Kristine Ridge City Manager ARTIST: Sign Print Name: Briana Harley Address: 260 N Tustin St Unit C Orange, CA 92867 -2i&—J Y -- Steven A. Mendoza Assistant City Manager Executive Director, Community Development Agency CITY OF SANTA ANA DONATION AGREEMENT Page 5 of 5 EXHIBIT A Request for Sponsorship Funds City of Santa Ana Title 0016 by B&B Music School in Arts & Culture - Special Event Sponsorship Request Form (SESRF) - 2021 band bmusicschool@gmaii,com Original Submission Name of Primary Briana Contact Harley Contact Title Founder Name of Entity B&B Music Studio (organization, business, neighborhood association) Check the box that Nonprofit 501(c)(3) applies to your entity: IndividualICommunity Group ................_ .... .... .... _ Additional Applicant n/a Names (€f applicable) Physical Address _._.._......_..__._._.__...___.... ........... . _. 260 N Tustin St Unit C Orange CA 92867 US Mailing Address Unit C Powered by Submlitable [) 12/02/2021 id, 21944972 12/02/2021 Unit C Orange CA 92867 US Phone +17144304875 Email ---- - --......_- -- ......... ........_._... _-.._.-- - ... bandbmusicschool@gmall.com - - Website n/a Event Name/Title Open Stage Event bate(s) 1/21122, 2118/22, 3/18/22, 4115122, 5/20122, 6/17122 Is this event open to Yes the public? _.._.............._..__._....___...__._..._-..-_.._........__....... .... .... ... _... .- ........... _... ...-........._.,..._.-. Event Location(s) Calle Cuatro Plaza, Artists Village Promenade ..... ... I._...... ..... ----- What city ward(s) will Ward 4 the event be located (click on link below to find wards)? Number of expected 200-1000 attendance for your event Brief Description of The Open Stage Is a community art Jam to inspire mixed -media art Project performances and grow thriving arts and performance community that values black and indigenous LGBTQI+ womxn leadership, stories, and performances. There will be performance sign ups, a back up band, featured artists of all art mediums, and public participation Instruments and art project i.e. shakers, tambourine, rhythm sticks, community canvas and paints. It is open to the public and anyone will have the opportunity to perform or create art that day. Describe the This would be a free interactive event In the safety of an open-air community benefits space that encourages participation. This gives the community of this event access to engage In their own creativity, moot other locals to collaborate with, get inspiration and mentorship from local professionals. This Is a great stress relief; a fun and safe atmosphere as an alternative to bars and clubs. Amount Requested 200000 Proposed Use of 20,000 will be split between 6 events once a month. some events may Funds cost more than others depending on the featured performers or community art project. the following Is an approximation of a full opening or closing event. 3,330 for one event. audio equipment to have microphones and speakers for performances costs $500 to rent all the gear necessary. It takes two audio engineers to set it all up, run and manage the sound equipment for the entirety of the event and tear it all down at the end; this takes 5-6 hours In total and each audio engineer is budgeted $250 for their services. the back band which will encourage and play for anyone who signs up to perform as well as support the featured performers, It will consists of 3 members at $250 each for 3 hours of performance time and outside rehearsal time to learn the music. Stage Instruments for an open jam consisting of a drumset, 3 amplifiers, a guitar and a keyboard, as well as handheld rhythm instruments for the public costs $300 to rent. A featured performance to open or close the open stage is budgeted at $250 and a featured visual artists to create a piece live In person during the event is budgeted at $250. The community art project supplies and moderator is budgeted at $280. The final fees Include the production insurance permit which Is budgeted at $250 and the organizer fee of $250. These assets will Insure an engaging event that anyone can find a way to participate In and have free accessible safe fun. --- -- _....._. - _. _ .. _..__. __........._ 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.sarita- ana.org/cdlarts- culture-offi ce/s peci ai- event-sponsorship- policy