HomeMy WebLinkAboutRIVERA, ANDRES FELIPECity of Santa Ana
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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amendments (if any) are no longer in effect.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 4—
Return form to the Clerk of the Council Office (M-30).
Call 647-1520 if you have any questions.
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Phone/Ext.: 53 6 5
Signature:
Date: 2 77
INSURANCE NOT REQUIRED
WORK MAY PROCEED
CLERK OF COUNCIL
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1. PARTIES AND DATE
CITY OF SANTA ANA
DONATION AGREEMENT
N-2022-086
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o This Donation Agreement ("Agreement") is made and entered into this 9th day of March,
2022, by and between the City of Santa Ana, a charter city and municipal corporation organized and
o existing under the Constitution and the laws of the California ("City"), and Andres Felipe Rivera
CL ("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 Legacy Gallery for Older Adults, an art workshop and exhibition in a gallery
("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 offering low-income
older adults an opportunity to get involved with the community, meet other people with common
interests, and be a part of the artistic culture of the city. The event aims to stimulate artistic skills and
provide older adults with a live, authentic, and creative experience. 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, SIX HUNDRED, FORTEEN DOLLARS ($1,614) 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 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 Parry 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.
q nh♦ -` yr ., N-2022-086
IN WFI-NESS WHEREOF, the parties hereto have executed this Agreement on the day and
year first above written.
ATTEST:
Clerk of the Coun it
APPROVED AS TO FORM:
SONIA R, CARVALHO
City Attorney
4�od
By:
RyaAssey
RECOMMENDED FOR APPROVAL:
CITY OF SANTA ANA
Kristine
� Ridge� /
City Manager
ARTIST:
Sign
Andres F. Rivera
Print Name:
2314 S. Mira Ct #164
Address: Anahpim CA 0802
TAX ID: 626-17-3646
Steven A. Mendoza
Assistant City Manager
Executive Director, Community Development Agency
CITY OF SANTA ANA N-2022-086
DONATION AGREEMENT
Page 5 of 5
EXHIBIT A
Request for Sponsorship Funds
N-2022-086
City of Santa Ana
Title 0061
by Andres Rivera in Arts & Culture - Special
Event Sponsorship Request Form (SESRF) -
2021
andresfeliperiveraart@gmail.com
Original Submission
Name of Primary Andres Felipe
Contact Rivera
Contact Title Andres Felipe
Name of Entity WA
(organization,
business,
neighborhood
association)
Check the box that Individual/Community Group
applies to your entity:
Additional Applicant
Names (if applicable)
Physical Address 2314 S Mira Ct
Powered by Submittable U
02/07/2022
id. 22509488
02/07/2022
Unit 164
Anaheim
CA
92802
US
Mailing Address
2314 S Mira Ct
Unit 164
Anaheim
CA
92802
US
Phone
+17143638186
Email
andresfeliperiveraart@gmail.com
Website
www.andresfeliperivera.com
Event Name/Title
Legacy Gallery for Older Adults
Event Date(s)
May 7th (art making workshop) and June 4th (gallery and celebration)
Is this event open to Yes
the public?
Event Location(s) Amistad Medical Clinic for Senior
What city ward(s) will Ward 4
the event be located
(click on link below to
find wards)?
Number of expected 20-50
attendance for your
event
Brief Description of Legacy Gallery for Older Adults will offer low-income older adults the
Project opportunity to get involved with the community, meet other people
with common interests and be part of the artistic culture of the city.
This event aims to stimulate artistic skills and will allow older adults
to live authentic and creative experiences. The event will consist of a
creation workshop and then the art will be exhibited publicly, where
we will celebrate the artists. The space will become a gallery where
the artists will share their creations with an audience of their peers,
family and community.
Describe the I am a self-taught multidisciplinary artist who for seven years has
community benefits worked organizing immigration events in Orange County and
of this event throughout the United States. I have taught citizenship classes to
low-income communities, focusing on the elderly in Santa Ana. I have
shown interest in this population due to its growth in the nation in
recent decades. Older adults are the ones who receive the least
economic contributions and are the most forgotten in the arts
(Smart, 2001).
Taking into account the above as an artist interested in creating and
advancing our city, I would like to request a financial contribution of
$5,000 to carry out an artistic event for the elderly in the city of Santa
Ana.
The event will offer low-income older adults the opportunity to get
involved with the community, meet other people with common
interests and be part of the artistic culture of the city. This event aims
to stimulate artistic skills and will allow older adults live authentic and
creative experiences.
Programs that stimulate creativity in older adults, allow them to come
out of isolation and encourage them to reflect on what they have
lived through, validating the experiences that made them who they
are. Art making is an excellent way to explore creative potential and
also gives older adults the opportunity to play an important role as
bearers of history and culture in our society.
In a gallery space, our artists will be able to discover and create a
new reality, making the viewer perceive the imperceptible, but at the
same time they will also establish frames of reference for the whole
that did not exist until then; they will have the opportunity to record
their past, present and future, leaving us a memory that goes beyond
time.
The event will consist of an artistic creation workshop, which will take
place in May. During this meeting, older adults will find ways to
express feelings, thoughts, ideas, moods and ways of seeing
everyday life by expressing it in their works. Mixed art techniques and
collage will be put into practice. The result of the works of art will be
exhibited publicly, where we will celebrate the artists and their works.
Said celebration will take place on Saturday, June 4th, at the Amistad
Medical Clinics for Older Adults, in Downtown Santa Ana. The space
will become a gallery where the artists will share their creations with
an audience of their peers, family and community.
Clinic Amistad serves more than 300 older adults in Orange County,
with their support, outreach activities will be carried out in 6 of their
clinics in Orange County. Promotion of the event will also be done on
social media and leafletting at the two Santa Ana Senior Centers, and
if permitted at local Catholic Churches in Orange County.
Amount Requested 5000.0
Proposed Use of Event space fee: $1000,
Funds Insurance cost: $500
Workshop equipment: outdoor canopies for Covid-19 guidelines,
tables, chairs, $250
Gallery equipment: table and chairs $200
Materials: 50 Canvases, acrylic paints, pastels, water colors, crayons,
markers, scissors, magazines, construction paper, glue, tape, paper
towels, nails, screws, varnish, gesso, 50 frames, name -tags: $2000
Food, Snacks, Beverages for workshop and gallery: $500
Social media outreach: $200
Print fees flyers: 50
Translation equipment rental: $100
Translator Stipend (Vietnamese): $200
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
I agree