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Home My WebLink AboutAGUILERA, MARINACity 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TERMINATION FORM Please complete this form in its entirety when the attached agreement and all amendments (if any) are no longer in effect.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 prier 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 \ f\Lam, '(A ",d\\ COTC Office Use Only C2-Q24- 2-- City of Santa Ana JAN 11 2024 City ClerWs 'Office No. N-2022-070 was completed on and final payment a p y has been made. (List all amendments. Use space below if needed j lAagreementsVormsVorm - agreement termination form—goldenrod.doc Department: ( 0i Phone/Ext.: Signature: Date: ,-_. INSURANCE NOT REQUIRED WORK MAY PROCEED CLERK OF COUNCIL DATE: �7�1(0/2022 0;coP(:rarnLe�)(0AW PARTIES AND DATE CITY OF SANTA ANA DONATION AGREEMENT N-2022-070 4�2 This Donation Agreement ("Agreement") is made and entered into this 28 day of February, r2022, 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 Marina C. Aguilera W ("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 The Green PaiTots of Santa Ana Festival, a free event filled with music and art commemorating the unofficial city mascot ("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 free arts and cultural event that will bring visitors to the city to celebrate the birds that have made Santa Ana their home and sanctuary. The event will include parrot -related entertainment and crafts for families and has the potential to grow into an annual tradition similar to San Juan Capistrano's Swallows Day Parade. 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 ONE THOUSAND, EIGHT HUNDRED, FOUR DOLLARS ($1,804) 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 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 AGRCGMCNT 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 N-2022-070 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 lark of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: l a Ryan O, od e Assistan City Attorney CITY OF SANTA ANA Kristine Ridge City Manager ARTIST: ign Print Name: C, 1LETz,4- RECOMMENDED FOR APPROVAL: Address:--75 Via Cuimm P5M, C,A. gz088 Steven A. Mendoza Assistant City Manager Executive Director, Community Development Agency CITY OR SANTA ANA DONATION AGREEMENT Page 5 of 5 EXHIBIT A Request for Sponsorship Funds City of Santa Ana Powered by Submittable V Title 11. by Marina Aguilera in Arts & Culture - Special Event Sponsorship Request Form (SESRF) - 2021 75 Via Cuidado Rancho Santa Margarita, California 92688 United States 949l459-8488 Ag uileraArts@g mail.com Original Submission Name of Primary Contact Contact Title Name of Entity (organization, business, neighborhood association) Marina Aguilera Event Planning/Artist Marina C Aguilera Check the box that Individual/Community Group applies to your entity: Additional Applicant Names (if applicable) Physical Address 75 VIA CUIDADO RANCHO SANTA MARGARITA CA 92688 us Mailing Address 75 Via Cuidado Rancho Santa Margari California 92688 US Phone +19494598488 Email AgulleraArts@gmail.com Website MarinaAguilera.com 02/07/2022 id. 22511331 02/07/2022 Event Name/Title THE GREEN PARROTS OF SANTA ANA FESTIVAL Event Date(s) MAY 28th 2022 Is this event open to Yes the public? Event Location(s) Blue Lot -119 N Bush St, 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 200+ attendance for your event Brief Description of A free event filled with fun, music and merriment commemorating our Project green feathered friends. These beautiful creatures have made Santa Ana their home and sanctuary for many years. The festival will take place from 2:00 pm - 7:pm on May 28th 2022. Programming for the stage area will include community musical performers, dancers, green parrot costume contest, educational guest speakers, and a live DJ. Vendors will be offering options green parrot themed food and products including but not limited to green tamales, parrot juice/smoothies, candles, soaps etc. merch. Describe the community benefits Describe the community benefits of this event: of this event A children's parrot mask making booth, green parrot themed decorations, food trucks, and vendors. There will be fun parrot related entertainment for the children with face painters, caricature artists, and balloon artists. An arts and crafts area will be allocated for the youth to create fun parrot masks and wings with feathers, paint, glitter and glue. The entire Santa Ana Community as well as curious tourists will celebrate this unique event of these spectacular birds and enjoy the activities of the day. This event will be the beginning of an annual tradition similar to San Juan Capistrano's Swallows Day Parade. The event will bring future revenue to the area and over time grow to be one of the annual highlights in our community. The Green Parrots of Santa Ana will give this community a sense of pride with their experiences of life, living with these magnificent creatures and in sharing these amazing birds as one of Santa Ana's unique icons. We will kick off the event by having our elected officials say a few words of this historic celebration! This will become a Santa Ana tradition! Amount Requested 14092.0 Proposed Use of Proposed Use of Funds: Funds Rental fees $2,100 Staffing $3,070 Supplies and material $2,725 Services $2,197 Event Planning/Managing $4,000 Timeline: Set up: 11 am-1 pm Event time: 2-7 pm Break down: 7-8 pm EVENT TIMELINE: 2:00 -2:15 A few words from our elected officials 2:15 - 2:30 Kick off Celebration = Releasing of the Parrots 2:30 -3:00 Mariachi 3:00 - 3:15 Live performance (Dancers) 3:15 - 4:00 Santa Ana Zoo Performance 4:00 -4:30 Green Parrot Dance performances by the community 4:30 -5:00 Green Parrot Costume Contest: children/ Adults/ Seniors 5:00 -7:00 DJ: Dancing 7:00 -8:00 Event ends - Clean up CHILDREN'S ENTERTAINMENT SCHEDULE 2:30 - 5:30 pm 2 Balloon Artists = Making fun Green Parrots and wing balloon Art for the kids 2:30 - 4:30 pm 2 Face Painters = Painting green parrot themed Art with glitter and fun 2:30 - 5:30 pm 2 Caricature Artists = Cartoonists drawing quick fun cartoons with Special Event information, printed on the drawing paper. A great keepsake to remember. The community will love itll 2:30 - 6:00 pm Green Parrot Mask and wing Making Booth: Making fun Green Parrot masks and wings with lots different feathers, paint, glue, glitter etc. --- Detailed Budget --- Rental Blue Lot Rental $650 Two ports potties from 5-10 pm $350 Sink Fee $150 On Site Dumpster [Waste Management] $150 Tables, Chairs, Awnings $800 RENTAL TOTAL $2,100 Staffing Responsibilities: Cleaning Staff $20 per hour - 8 hours x 3 = $480 Set-up/ Break -down $20 per hour - 8 hours x 2 = $320 Stage Management $30 per hour - 8 hours = $240 Master of Ceremonies $30 per hour - 6 hours = $180 Vendor Support $20 per hour - 8 hours = $160 Audio Technician $50 per hour - 8 hours = $400 DJ $700 - 5 hours = $700 Arts and Crafts Staff $25 per hour - 7 hours x 2 = $350 Volunteer Coordinator $30 per hour - 8 hours = $240 STAFFING TOTAL $3,070 Supplies and Materials: Art and Craft Supplies $350 Trash Cans/Bags $75 Advertisement (Posters, social media, handouts) $400 Prizes/Raffles $400 [Parrot related items, gift cards, green parrot prints, inflatable parrot toys, parrot hats, parrot bookmarks, parrot glasses, etc.] Misc expenses $500 Decorations $1,000 [Balloon archway covering the festival with jewel tone colors of the theme and festive Parrot balloons to welcome guests.] SUPPLIES AND MATERIALS TOTAL $2,725 Services: Marketing Services $500 (Including graphic design and social media management) Entertainment Services: Mariachis/trio $400 Entertainment $800 Insurance Requirements: $497 SERVICES TOTAL $2,197 Event Planning Event Producer/Manager $40 x 100 hours $4,000 [Will manage overall event planning requirements including but not limited to rental agreements, program participants, volunteer opportunities, hiring/overseeing staff, managing project budget, coordinating with permitting agencies, filing for special event permit, site rental, liability insurance agreements, and addressing any unforeseen requirements to running a successful public festival. EVENT PLANNING TOTAL $4,000 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: hitps://www.santa- ana.org/cd/arts- c u It ure-offi ce/s pec i a l- event-sponsorship- policy