HomeMy WebLinkAboutORANGE COUNTY CHILDRENS THERAPEUTIC ARTS CENTERCity 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amendments (if any) are no longer in effect.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.
The agreement with
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INSURANCE NOT REQUIRED
WORK MAY PROCEED
CLERK OF COUNCIL
DATE! FEB
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1. PARTIES AND DATE
DONATION AGREEMENT
N-2022-032
This Donation Agreement ("Agreement") is made and entered into this 26th 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 Orange County
Children's Therapeutic Arts Center, a California nonprofit public benefit corporation
("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 Santa Ana Latin Jazz Festival of Arts & Culture, a festival of three days of music, art
and dance instructions, a cultural exchange roundtable, and a culminating concert of professional
jazz musicians and students who participated in the workshops ("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 free
opportunities for Santa Ana youths to engage in hands-on learning from professional musicians,
artists, and dancers; for professional artists to exchange ideas and best practices in a roundtable; and
for the community to learn about the history and artistic traditions of Latin American Jazz. 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
SIX THOUSAND DOLLARS ($6,000) 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.
CITX OF SANTA ANA
DONATION AGREEMENT
Page 2 of 5
3.3 Waivers, Insurance or Other Obligations. 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 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
CITY OF'SANTA ANA
DONATION AGREEmumT
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.
CITY OF SANTA ANA
DONATION AGREEMENT
Page 4 of 5
N-2022-032
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and
year first above written.
ATTEST:
�.
Daisy Go ez
Clerk of thk Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By: /a�'
Ryan O. Hode
Assistan City Attorney
RECOMMENDED FOR APPROVAL:
CITY OF SANTA ANA
Kristine Ridge
City Manager
ARTIST: O c—
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Print Name: 1r- A 11 C., hC't t
Address:
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Steven A. Mendoza
Assistant City Manager
Executive Director, Community Development Agency
CITY OF SANTA ANA
DONATION AGREEMENT
Page 5 of 5
Request for Sponsorship Funds
City of Santa Ana Powered by Submittable v
Title 0039 01 /11 /2022
by Ana Jimenez -Hama in Arts & Culture - Special id. 22226960
Event Sponsorship Request Form (SESRF) -
2021
ana@occtac.org
Original Submission 01/11/2022
Name of Primary Ana
Contact Jimenez -Ham!
Contact Title Founder & Executive Director
Name of Entity Orange County Children's Therapeutic Arts Center
(organization,
business,
neighborhood
association)
Check the box that Nonprofit 501(c)(3)
applies to your entity:
Additional Applicant Carlos Beltran, Director of Arts Education at OCCTAC
Names (if applicable)
Physical Address 2215 North Broadway, 1st floor
Santa Ana
CA
92706
us
Mailing Address
2215 North Broadway, 1st floor
Santa Ana
CA
92706
us
Phone
+17145475468
Email
ana@occtac.org
Website
www.occtac.org
Event Name/Title
Santa Ana Latin Jazz Festival of Arts & Culture
Event Date(s)
June 4, 2022
Is this event open to Yes
the public?
Event Location(s) 1) Festival workshops will take place at OCCTAC, 2) Community
Reception will take place at Mexican Consulate & 3) Concert at
Downtown Santa Ana, Artist Village
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
AT least 500 participants or more. All Santa Ana residents will be
attendance for your
invited to attend Festival workshops, Community Reception &
event
Concert.
Brief Description of
OCCTAC plans to organize the "Santa Ana Festival of Latin American
Project
Jazz, Arts and Culture". This consists of a of a festival of 3 days of
music, art and dance instruction, a cultural exchange roundtable,
and culminating with a Concert of professional Latin Jazz musicians
and students that participated in the workshops. This cultural and
artistic experience will educate our Santa Ana youth and community
about the Latino and African influences of Latin American Jazz
music, art and dance. The event will be free of charge and open to
the entire Santa Ana community.
Describe the
community benefits
of this event
Amount Requested
The Santa Ana community will benefit in various ways:
(1) Education — This festival is a great opportunity for Santa Ana
youth to meet professional Latin Jazz musicians/artists and engage
with them in a variety of "hands-on" educational activities that teach
them about music, art and dance traditions of Latin-American Jazz.
The students participating in the festival workshops will have the
opportunity to attend all 3 days of the festival or their field of
preference. Each festival day will be dedicated to three artistic fields:
(1) music, (2) art, and (3) dance.
(2) Community Reception & Cultural Exchange - A community
reception and cultural exchange roundtable with the professional
artists will be held to provide an opportunity for the community to
learn about the history and artistic traditions of Latin American Jazz.
This free event will provide the community with the opportunity to
learn and explore the history and development of the Latino and
African influences of Latin American Jazz music, art and dance. The
guest artists will engage in a discussion with participants and provide
insight and demonstrations to educate our youth, parents and Santa
Ana community.
(3) Free Community Concert/Live Performance — This free Santa Ana
Concert will be held as the closing event on the final evening of the
festival. The students that participate in the 3-day festival workshops
will also perform with these professional musicians to demonstrate
what they have learned in the workshops. Also, this opportunity will
bring great pride to our Santa Ana youth and the opportunity to
perform for their family and the Santa Ana community!
(4) Artistic Access - The Santa Ana community is largely composed
of Spanish-speaking immigrant communities from various parts of
Latin America with limited economic resources. This Festival will
provide access for families of very limited resources to have access
to the arts in a way that highlights their own cultural heritages and
brings together various generations of music students, their families
and neighbors in a way that can enhance generational and
community bonds and linkages. Our outreach efforts will also focus
on connecting with other community partners in Santa Ana already
involved in the Arts, such as the SAUSD and other local nonprofits
Arts organizations and artists, including students, and professional
artists.
IIIIIQIxI7
Proposed Use of The funds requested are for the following:
Funds
Artists Fees (3 day workshops & Concert) $5,000
Venue costs & insurance $2,000
Festival promotion (poster, flyers, advertisement, press releases)
$1,000
Administrative costs (phone, copying, postage, printing) $1,000
Community Reception & Cultural Exchange
(Refreshments) $500
Program Supplies for 3 day workshops for youth $500
Total Budget requested $10,000
By submitting this
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-office/speci al -
event -sponsorship -
policy
Iagree