HomeMy WebLinkAboutMASCORRO, JOSEClity 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amendments (if any) are no longer in effect.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.
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Return form to the Clerk of the Council Office (M-30).
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N-2022-033
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C 2022-
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CLERK OF COUNCIL
DATEt FEB 0 7 2022
1. PARTIES AND DATE
CITY OF SANTA ANA
DONATION AGREEMENT
N-2022-033
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 Jose Mascorro
("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 Strolling Mariachi in Downtown Santa Ana, a monthly interactive strolling music
performance ("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 family -
friendly live performances that will attract attention to the Downtown area and stimulate the local
economy as well as nurture an art form rich in tradition. 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, SIX HUNDRED, TWENTY-FIVE DOLLARS ($5,625) 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 Tenn; 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.
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
CITY OF SANTA ANA
DONATION AGREEMENT
Page 2 of 4
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
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 ACREEmFNT
Page 3 of 4
N-2022-033
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: /al'
Ryan O. od e
Assistan City Attomey
RECOMMENDED FOR APPROVAL:
CITY OF SANTA ANA
Kristine Ridge
City Manager
ARTIST:
Print Name: Jose Alejandro Mascorro
Address: 1625 W. Mcfadden Ave. Santa Ana, CA 92704
Steven A. Mendoza
Assistant City Manager
Executive Director, Community Development Agency
CITY OF SANTA ANA
DONATION AGREEMENT
Page 4 of 4
EXHIBIT A
Request for Sponsorship Funds
City of Santa Ana Powered by Subrriltable U
Title 0038 01 /11 /2022
by Mascorro Productions Inc. in Arts & Culture - id. 22226758
Special Event Sponsorship Request Form
(SESRF) - 2021
mascorroproductionsinc@gmall.com
Original Submission 01/11/2022
Name of Primary Jose
Contact
Mascorro
Contact Title
Name of Entity
Mariachi Los Santaneros (Mascorro Productions)
(organization,
business,
neighborhood
association)
Check the box that
Individual/Community Group
applies to your entity:
Additional Applicant
Names (if applicable)
Physical Address
1625 W McFadden Ave
Santa Ana
California
92704
us
Mailing Address
1625 W. Mcfadden Ave.
Santa Ana
California
92704
us
Phone
+15033802669
Email
mascorroproductionsinc@gmail.com
Website
Event Name/Title
Strolling Mariachi in Downtown Santa Ana
Event Date(s) February 5th, February 11th, February 13th, February 25th, February
27th, March 5th, March 11th, March 13th, March 25th, March 27th,
April 2nd, April 8th, April 10th, April 22nd, April 24th, May7th, May 8th,
May 13th, May 22nd, May 27th, June 4th, June 10th, June 12th, June
24th, June 26th
Is this event open to Yes
the public?
Event Location(s) 325 E. 4th Santa Ana, CA 92701
What city ward(s) will Ward 6
the event be located
(click on link below to
find wards)?
Number of expected 20-100 people
attendance for your
event
Brief Description of Mariachi Los Santaneros is a music group founded by local Santa
Project
Ana resident, Alex Mascorro. This mariachi will be marching
throughout Downtown and making stops in areas like the Artist
Village and Calle Cuatro Plaza. During these stops, the mariachi will
interact with the crowds, take song requests and perform shows
throughout the evenings. Our performances will be family friendly for
all ages.
Describe the
Mariachi Plaza in Boyle Heights, LA, and Garibaldi Plaza in Mexico
community benefits
draw crowds from different parts. We hope the mariachi can attract
of this event
attention to Downtown to stimulate the economy while providing
family friendly content for all ages. Many of the members are from
Santa Ana, therefore, this will benefit the growth of local members.
Moreover, a majority of Santa Ana residents are drawn to mariachi
music as seen in our performances during some Artwalk events and
the Santa Ana Mariachi Festival. Many locals would feel encouraged
to return to the shops in downtown. Also, word of mouth of a strolling
mariachi would attract other city residents to come to downtown. 4th
street has thrived through the support of local artists. The inclusion
of live mariachi would encourage more artists to provide their work in
our city. Additionally, many Boyle Heights mariachis may feel
welcome to seek mariachi gigs in the city of Santa Ana because the
local LA mariachi scene is oversaturated with musicians. A second
mariachi plaza could be unofficially formed within the heart of Santa
Ana furthering the development of the economy, music and art
scene.
Amount Requested
36000.0
Proposed Use of
Most mariachis in the LA music scene range in hourly fees on
Funds
average at $600 per hour. Mariachi Los Santaneros would provide a
larger mariachi ensemble between 6 to 10 members. A larger
ensemble would help the projection of the music without the need of
amplification with microphones and speakers. We would not need
any electricity. We are only requesting funds to pay the hourly fees of
the ensemble at $600 per hour. Each date requested would include 2
hours of mariachi performances. The funding helps pay for our time,
the cost of our uniform, transportation, parking fees, instrument
upkeep, and rehearsals in order to take requests and have enough
content each performance.
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.santa-
ana.org/cd/arts-
culture-offi ce/speci al -
event -sponsorship -
policy