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HomeMy WebLinkAboutEL CENTRO CULTURAL DE MEXICO (2)INSURANCE NOT REQUIRED N-2022-116 WORK MAY PROCEED CLERK OF COUNCIL DATES MAY 0 3 2022 CITY OF SANTA ANA CX�A(Tlfam [-1Av) 0 DONATION AGREEMENT 1. PARTIES AND DATE This Donation Agreement ("Agreement") is made and entered into this 28th 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 El Centro Cultural de Mexico ("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 Musica en Movimiento, an event promoting civic engagement through arts and culture ("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 space for presenters and attendees to share how to be more involved within their city. Attendees will consist mainly of students from surrounding colleges and universities as well as from the Santa Ana Unified School District. The attendees will also have an opportunity to present about their project action research where they identify issues affecting their cities and provide solutions. 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, SIXTY-THREE DOLLARS ($1,663) 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 Or, SANTA ANA DONATION AGRCEMI Nr 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/releaso 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 porformance 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 or. SANTA ANA DONATION AGUE, MENT 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: N-2022-116 cn,or•S N'%ANA Do,, \I io\ AC ItEUNtENI Page 4 of j 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 Attorney By: Rya*Oo Assrney RECOMMENDED FOR APPROVAL: CITY OF SANTA ANA :; 4� Kristine Ridge City Manager ARTIST: x! r S Print Name: � lYNt^ Z� 1 ez Address:-10(oS VantJos SaaVAvt c� Steven A Mendoza Assistant City Manager Executive Director, Community Development Agency CITY OF SANTA ANA DONATION AGREEMENT Page 5 of 5 EXHIBIT A Request for Sponsorship Funds City of Santa Ana Powered by Submittable V Title 0054 02/03/2022 by Benjamin Vazquez in Arts & Culture - Special id. 22481881 Event Sponsorship Request Form (SESRF) - 2021 benjaminemail71 @gmail.com . .......... ...... _.......... ... ..... . Original SubPTtission 02/03/2022 Name of Primary Benjamin Contact Vazquez Contact Title f v., Name of Entity El Centro Cultural de Mexico (organization, business, neighborhood association) Check the box that Nonprofit 501(c)(3) applies to your entity: Additional Applicant Carolina Sarmiento Names (if applicable) Physical Address 837 N Ross Santa Ana CA 92701 u5 Mailing Address 706 South Van Ness Avenue Santa Ana CA 92701 us Phone +17142354736 Email benjaminemail@hotmall.com Website www.ofeentroculturaldemexico.org Event Name/Title Musica en Movimiento Event Date(s) May 6, 2022 Is this event open to Yes the public? Event Location(s) 837 N Ross, Santa Ana, CA 92701 What city ward(s) will Ward 5 the event be located (click on link below to find wards)? Number of expected 1000 attendance for your event Brief Description of MUSiGa an Movimlento is a space were Civic Engagement is Project celebrated using culture. Attendees and presenters will share how to be more involved within their city. Musica an Movimlento is space where music of activism Is centered and honored. Local grassroot and nonprofit acitivist will present their work and inform attendees how to get Involved in local campaigns to improve their community. Attendees this year will expand to Invite university students at CSU Fullerton, Chapman U, UCI and students from SAUSD who will actively participate by presenting their research about Santa Ana or help the organizing of the event. Describe the The event will honor the hard work of people who have changed the community benefits landscape of the city but also teach the attendees how to actively of this event engage in their city for the betterment of all. SAUSD High school students will be able to present youth project action research where they find a problem in the city and provide solutions. College students will support the event and/or bring research into the community on various issues that may affect Santa Ana. Amount Requested 10000.0 Proposed Use of Funds will be used to: Funds provide tables, chairs and canopies. $500 for a headline musical group. $2500 for a keynote speakers. $1000 for event organizers. $1500 materials for presenters. $1300 rent sound equipment and stage. $2000 Busing in HS students $1200 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:/Jwww.santa- ana.org/cd/arts- culture-office/s pecial- event-sponsorship- policy