The URL can be used to link to this page

Home My WebLink AboutREYES, ROGELIO (2)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TERMINATION FORM Please complete this form in its entirety when the attached agreement and all amendments (if any) are no longer in effect.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 farm to the Clerk of the Council Office (M-30). Call 647-1520 if you have any questions. The agreement with�e'4f='s16 COTC Office Use Onl C 2,02-,2- lty of Santa Ana JAN I I Z8Z4 city Clerk7s, Ofcc No. N-2022-034 was completed on � r`� and final payment has been made - (List all amendments. Use space below it needed.) Department: C' 0A Phone/Ext.: r. Signature: Vt h R t Date: 'sagreementslormslform - agreement termination form goldenrod.doc INSURANCE NOi REQUIKEO WORK MAY PROCEED CLERK OF COUNCIL DATE. FEB 0 7 2022 A C1r1k(0te) (�^)A 1. PARTIES AND DATE CITY OF SANTA ANA DONATION AGREEMENT N-2022-034 This Donation Agreement ("Agreement") is made and entered into this I" day of February, 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 Rogelio Reyes ("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 Cara a Cara/Face to Face, an interactive live -painting public art engagement ("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 creating a collaborative art panel mural that allows for families, friends, and neighbors to re -connect in person to create art together in a COVID-safe setting. 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 FOUR THOUSAND, EIGHT HUNDRED DOLLARS ($4,800) 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 injury, the City may, in its sole discretion, require Recipient to provide certain insurance and CITY OF SANTA ANA DONATION AGREEMENT Page 2 of 4 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 AGREEMENT N -202 2-034 Page 3 of 4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. APPROVED AS TO FORM: SONIA R, CARVALHO City Attorney By: C Ryan O. RECOMMENDED FOR APPROVAL: CITY OF SANTA ANA Kristine Ridge City Manager Address: 200 W Columbine Ave M Santa Ana Ca 92707 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 Submittable U Title 0029 12/21 /2021 by Roger Eyes R. in Arts & Culture - Special Event id. 22081384 Sponsorship Request Form (SESRF) - 2021 alke_mist@yahoo.com Original Submission 12/21/2021 Name of Primary Rogelio Contact Reyes Contact Title Roger Eyes R. Name of Entity Roger Eyes R. (organization, business, neighborhood association) Check the box that Individual/Community Group applies to your entity; Additional Applicant Names (if applicable) Physical Address 200 W Columble Ave 15 Santa Ana CA 92707 us Mailing Address 200 Columbine Ave i5 Santa Ana CA 92707 us Phone +17142479353 Email r.eyes.r@icioud.com Website rogereyesr.com Event Name/Title Cara a Cara/Face to Face Event Date(s) 06/04/22 Is this event open to Yes the public? Event Location(s) 2nd Street Promenade Santa Ana, CA What city ward(s) will Ward 5 the event be located (click on link below to find wards)? Number of expected 300 attendance for your event Brief Description of Equal opportunity to all ages & skill levels to create a collaborative Project art panel mural. An interactive Live -painting public art engagement, highlighting the community itself, with built-in Covid safe measures. Participants trace each others' face with paint markers on a plexi- glass panel while standing on opposite sides, facing each other. Each panel fits a maximum of 75 faces. On the day of the event, event attendees will be offered a project introduction and invited to take turns tracing their faces, focusing primarily on facial features; eyes, nose, ears, hair and mouth etc. for approximately 3 mins per person. Describe the The goals is to make this project accessible once or twice before community benefits June. To allow participants the opportunity to slowdown and create of this event art together. To take a closer look at each other, to live in the moment & experience closeness in a covid-safe setting, and have fun tracing each others faces in the name of art, peace and unity. This project brings people close together again. Allowing for families, friends, and neighbors to re -connect through art. To share a close moment by looking at each others faces, in detail, to see our differences but also spot our commonalities in the short while it takes to draw each others faces. Amount Requested Proposed Use of Funds In the end, we will have created multiple one of a kind mural panels. Each panel will be a collage of brightly colored, outlined individual faces created by the community. Frame -stands will be built and plexiglass installed as soon as the project funding is received. Stands will be stored in a downtown Santa Ana studio/storage space for local event accessibility. Promotion for the event event will begin as soon as a completion date from the manufacturer is received. Cara a Cara project will be set to run as soon as the frames are built by May 7th but no later than June 4th 2022. If custom frame is built sooner then overall project cost may be reduced 10010.0 Description Quantity. Unit Price Cost 60" x 48" plexi glass panels 4 $650 $2,600 Paint Markers 15 $8 $120 Stands 2 $600 $1,200 Painting project signage 1 $100 $100 Step ladders (2-Step) 2 $40 $80 Blue Tarp 2 $30 $60 Transportation $500 $500 Insurance $350 $350 Storage/Studio $5,000 Total $10,010 I can provide a budget list if this entry is not legible 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-office/s peci al - event -sponsorship - policy