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HomeMy WebLinkAboutCORAZON DE MARIPOSAS, INCrd iN5URANCE NOT REQUIRED WORK MAY PROCEED a, CLERK OF COUNCIL c'.) DATE: m C. LDR (,Zvmu)( 0)1.i 1. PARTIES AND DATE CITY OF SANTA ANA DONATION AGREEMENT N-2022-047 This Donation Agreement ("Agreement") is made and entered into this 7" 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 (Corazon de Mariposas, Inc., the fiscal receiver for applicant Iron Lion Media) ("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 La QuatroFest, a monthly arts and music festival pairing established local professional artists with art and musical acts from youths in Santa Ana high schools ("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 local youths with an opportunity to perform with professionals on the same stage. The event will also bring together local music teachers, arts departments, and talent shows to support these youths in future career paths. 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 -rime payment of FOUR THOUSAND, FOUR HUNDRED, FORTY-FOUR DOLLARS ($4,444) 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. CITY 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 hidemnification. 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 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. CITY OF SANTA ANA DONATION AGREEMENT Page 5 of 5 EXHIBIT A Request for Sponsorship Funds N-2022-047 CITY OF SANTA ANA DONATION AGRF.FMFNT Page 4 of S IN WITNESS WHEREOF, the patties 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 A e By: Ryan o ge Assistant City Attorney FOR APPROVAL: Steven A. Mendoza Assistant City Manager Executive Director, Community Development Agency CITY OF SANTA ANA s KKrist idge City Manager ARTIST; Sigr _ Print Narne: N ENw i '0117. Address: DO 52K 443'1 .. NMICIA CIL70Z ARTIST: C ,- Print Name: 63 c-,r- - 5,`Vk Address: a..D-ob 1U• 44�,k4,vvp%y St. �vn•� (ann, 64 %J�D5 City of Santa Ana Powered by Submittable U Title 0027 12/17/2021 by edgar silva in Arts & Culture - Special Event id. 22051960 Sponsorship Request Form (SESRF) - 2021 silvasound714@gmail.com Original Submission 12/17/2021 Name of Primary Edgar Contact Silva Contact Title Name of Entity Iron Lion Media & Santa Ana Vibes (organization, business, neighborhood association) Check the box that Individual/Community Group applies to your entity: Additional Applicant Names (if applicable) Physical Address 2206 N. Hathaway st Santa Ana CA 92705 us Mailing Address 2206 N. Hathaway st. Santa Ana CA 92705 us Phone +17148565830 Email IronLionOC@gmail.com Website Event Name/Title La QuatroFest Event Date(s) March 5th, April 2nd, May 7th Is this event open to Yes the public? Event Location(s) Plaza Calle Cuatro What city ward(s) will Ward 6 the event be located (click on link below to find wards)? Number of expected 200-500 attendance for your event Brief Description of 'La Quatro Fest' will be a monthly Arts and Music festival showcasing Project art and musical acts from our very own Santa Ana youth. With our relationships with our local high schools, we will be reaching out to music teachers , arts departments, and local talent shows for acts and works of our Santa Ana youth.This will be an all day festival with various performances throughout the day. The headlining act will be a VIP music performance of a well known local artist, this will give our students a real world scenario of sharing the stage with a professional. Describe the As a professional audio engineer and stage manager, I have the community benefits experience to make an event like this possible. As an event organizer of this event and as a SAUSD alumni, I'd like to offer this opportunity to our youth. I graduated Santa Ana HS in 2007 and I've seen our music and arts department grow, but 1 believe we still need to fund and put more work in those areas. I believe this will encourage our youth to stay creative, keep playing music and look forward to showcasing their art. Our SAUSD is doing a great job in providing wonderful music/arts programs , but we as Santaneros also need to do our part in helping our youth reach their creative goals and give them a space to do so. Amount Requested 10000.0 Proposed Use of I am hoping to use the grant to kickstart this monthly event. The Funds expenses below are to cover 3 dates in Plaza Calle Cuatro. Event Space = 2600 Event Insurance= 400 Audio Engineer= 900 Audio/Lighting/Staging Equipment= 2400 Power Generator= 900 VIP Performances = 2400 Event Banner/Promotion/Marketing=400$ By submitting this 1 agree application, I have read and agree to be bound by the terms and conditions of the Sponsorship Policy found on the website: hitps://www.santa- ana.org/cd/arts- culture-office/s peci al - event -sponsorship - policy