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Home My WebLink AboutKOPP ROCK, LLC dba SCHOOL OF ROCK SANTA ANAINSURANCE NOT REQUIRED WORK MAY PROCEED CLERK OF COUNCIL N-2022-113 DATE, MAY 0 3 2022 U•GOh�SrotmL, .)(1,AA)V- 1. PARTIES AND DATE CITY OF SANTA ANA DONATION AGREEMENT This Donation Agreement ("Agreement") is made and entered into this 10h day of March, 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 Kopp Rock, LLC. DBA School of Rock Santa Ana ("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 Rock the Block Santa Ana, a live music and entertainment concert performed by the students from the school ("Community Benefif'). 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 musical outlet for the residents of Santa Ana. Adults and youths from the school will perform live outdoors in downtown while the public can enjoy craft projects. Vendors will also be present to offer food and merchandise. 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 CoNDITIoxs 3.1 Use of Funds. The City has chosen to provide Recipient with a one-time payment of EIGHT HUNDRED, EIGHTY DOLLARS ($880) 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 hinds 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 Apyeement. 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 OT 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 Recipiont'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 Parities. 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. N-2022-113 CITY OF SANTA ANA DONATION ACRE EMENT Page 3 of 4 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 Att*)od rney By:RyaAssrney RECOMMENDED FOR APPROVAL: CITY OF SANTA ANA Kristine Ridge City Manager ARTIST: Print Name: Christopher Kopp Address: 2620 S Bristol 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 Submidable [� Title 0057 02/04/2022 by Chris Kopp in Arts & Culture - Special Event id. 22494273 Sponsorship Request Form (SESRF) - 2021 CKopp@schoolofrock.com Original Submission 02/04/2022 Name of Primary Chris Contact Kopp Contact Title ............................... Owner/Manager Name of Entity School of Rock Santa Ana (organization, business, neighborhood association) Check the box that For -profit Business (retail, gallery, restaurant, etc.) applies to your entity: Additional Applicant r.. Names (if applicable) Physical Address 2620 S Bristol St, Santa Ana CA 92704 us Mailing Address 2620 S Bristol St Santa Ana CA 92704 us Phone +19497747625 Email SantaAna@schoolofrock.com Website SantaAna.SchoolofRock.com Event Name/Title Rock the Block Santa Ana Event Date(s) June 17th, 2022 Is this event open to Yes the public? Event Location(s) 201 E 4th 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 500+ attendance for your event Description of 'Brief School of Rock Santa Ana would like to provide an event for the Project community of Santa Ana In downtown. We would provide music and entertainment by having our students put on a performance on 4th street, in front of the 4th Street Market area. We would invite music and arts related vendors to participate with us at this event as well (some potential vendors would be Macaroni Kid Santa Ana, Stranger Prints apparel, Local Santa Ana food trucks, and other Santa Ana vendors). Describe the Our school provides a musical outlet for residents of Santa Ana. Our community benefits core demographic are students ages 7.18, and we also have an adult of this event program as well. Having music and arts In downtown Santa Ana has a long and rich history and we would love to participate in this legacy. Our students would perform live music in the downtown area, showing off the talents of Santa Ana's flnest youngsters) We also work with local vendors in other events, and would invite them to participate as well. Some of our vendors provide craft projects and entertainment for families, some have music and arts related apparel and merchandise, and some offer delicious culinary treats. This event would provide something for everyone in the community of Santa Ana. Arrrcunt Requested 5000.0 Proposed Use of .. ............................ . Technical Labor Hours: $600.00 Funds Equipment Rental: $600.00 Venue Rental and Staff: $500.00 Permits: $300.00 Labor Hours: $2,000.00 Advertising - Flyers and Posters: $500.00 Social Media, Digital, and Print Promotion: $500.00 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/special- event-sponsorship- policy