HomeMy WebLinkAboutMOISES CAMACHO BARCOINSURANCE NOT REQUIRED
WORK MAY PROCEED
CLERK OF COUNCIL
N-2022-117
DATE: MAY ® 3 2022
C9k(T,ruv1t L) CAV)O
1. PARTIES AND DATE
CITY OF SANTA ANA
DONATION AGREEMENT
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 Moises
Camacho Barco ("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 Public Art Workshop, a series of mural workshops for high school students
("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 Purnose. The City believes there is a public purpose in promoting arts
education in an environment that connects young artists with their community. Students will learn
how to properly create an outdoor mural from start to finish and learn how the arts can stimulate
economic development. The workshops will utilize pre -approved empty walls along alleyways in
downtown as canvases for the participants. 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, ONE HUNDRED, SIXTY-ONE DOLLARS ($1,161) 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 fends, 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 Connmmity 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 OR SANTA ANA
DONATION AGREEMENT
Page 3 of 5
individuals who have signed this Agreement have the legal power, right and authority to malce this
Agreement bind each respective Party.
N-2022-117
CITY OF SANTA ANA
DONATION AGREEMENT
Page 4 of 5
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and
year first above written.
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APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By: _ /a �
Ryan O. od
Assistan City Attorney
FOR APPROVAL:
CITY OF SANTA ANA
Kristine Ridge
City Manager
ARTIST:
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Sign
Print Name: Vo � ses C� ryvAGhQ
Address: ob35 planaDr av%de)'M
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
Title 0052
by Moses Camacho In Arks $ Culture - Special
Event Sponsorship Request Form (SESRF) -
2021
2202,5 North Main St
Rufalo
Santa Ana, California
92706
CA
United States
7149060920
artecamacho64@g mail,com
Powered by Submittable U
O'1/3112022
id. 22442255
Original Submission 01/31/2022
Name of Primary Moises
Contact Camacho
Contact Title Artist
Name of Entity OC Fine Art Studio
(organization,
business,
neighborhood
association)
............ ......... .......... ...__ .
Check the box that Individual/Community Croup
applies to your entity:
Additional Applicant
Names (if applicable)
Physical Address 2535 a Diana Dr
Anaheim
Ca.
92806
us
Mailing Address 2535 E diana Dr
Anaheim
Ca.
92806
us
Phone +17149060920
Email artecamacho64@gmaii.com
Website
ocfineart.com
Event NameMtle
Public Art workshop
Event Date(s)
Saturday Feb 12, 19, 26 Saturday March 5, 12, 19, 26 Saturday April 2,
9,16, 23, 30.
Is this event open to
Yes
the public?
Event Location(s)
312 North Bush (Callejon del Beso)
What city ward(s) will
Ward 1
the event be located
(click on link below to
find wards)?
Nurnber of expected
150 persons
attendance for your
event
Brief Description of
Art Workshop for young people. After the completion of the mural of
Project
the birds we had a lot of Interest from young artists from different
high schools who participated in the making of the mural, so we want
to continue painting on some empty spaces on the walls of the alley
as an art class for young people.
Describe the
Education trough Art
community benefits
This is the Idea that our workshop contains, to promote education
of this event
and art in an environment that connects young artists with their
community.
The workshop has already a great connection with the community
and the surrounding high schools, so the promotion of art as part of
education Is essential and also generates businesses and neighbors
see how the creation of art promotes commerce and the image of the
city.
Amount Requested
5000.0
Proposed Use of
The funds will be used to buy good quality supplies: paint, as well as
Funds
to buy drawing supplies: pencils, charcoal, rulers, sketchbooks,
drawing paper and canvas etc.
Insurance.
Small construction equipment: cones, easels, small construction
lig hts.
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:
Mips://www.sante-
ana.org/od/arts-
culture-office/s pecial-
event-sponsorship-
policy