HomeMy WebLinkAboutART SPREAD, THE (2)INSURANCE NOT REQUIRED
WORK MAY PROCEED
CITY CLERK
DATE. NOV 3 0 ZOZ3
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1. PARTIES AND DATE
CITY OF SANTA ANA
DONATION AGREEMENT
N-2023-321
This Donation Agreement ("Agreement") is made and entered into this 15T1 day of
November, 2023, 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 The Art
Spread ("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 "Artful Giving," an art raffle and craft creation extravaganza which was held on
November 11, 2023 ("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 highlighting art from
artists with adversity as well as art making stations offering free art materials and artist instructions
to create unique crafts. Furthermore, the event allows for people of all socio-economic backgrounds
to participate, enjoy, and collect art. 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 -rime payment of
SEVEN THOUSAND, FIFTY-SIX DOLLARS ($7,056) 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.
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 OF 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 bCity. 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 hidemnification. 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
individuals who have signed this Agreement have the legal power, right, and authority to make this
Agreement bind each respective Party.
-6
CITY OF SANTA ANA N-2023-321
DONATION AGREEMENT
Page 3 of 4
IN WI"INESS WHEREOF, the parties hereto have executed this Agreement on the day and
year fast above written.
►a1=101TA 4 J_FIA L41;1*1 N IT,
SONIA R. CARVALHO
City Attorney
Andrea Garcia -Miller
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
t ✓ o- .Gy��/fTi/nt
MICHAEL L. GARCIA
CITY OF SANTA ANA
I
Tom Hatch
Interim City Manager
RECIPIENT:
NADIN SAID
The Art Spread
3843 S. Bristol Street
Santa Ana, CA 92704
Executive Director, Community Development Agency
CITY Or SANTA ANA
DONATION AGREEMENT
Page 4 of 4
EXHIBIT A
Request for Sponsorship Funds
City of Santa Ana
Powered by Submittable U
Title 0011
by Nadin Said in Arts & Culture - Special Event
Sponsorship Request Form (SESRF) - 2023
3401 S Main Street Unit A
Santa Ana, California
92707
United States
9519731064
nadinsaid@yahoo.com
Original Submission
Name of Primary Nadin
Contact
Said
Contact Title
Name of Entity
The Art Spread
(organization,
business,
neighborhood
association)
Check the box that
Nonprofit 501(c)(3)
applies to your entity:
Additional Applicant
Names (if applicable)
Physical Address
3129 S Deegan Drive
Santa Ana
CA
92704
us
Mailing Address
3843 S Bristol Streett
PMB #270
Santa Ana
CA
92704
us
Phone
+19519731064
Email
hello@theartspread.org
Website
https://theartspread.org/
09/03/2023
id. 43942684
09/03/2023
Event Name/Title Artful Giving - An Art Raffle and Craft Creation Extravaganza
Event Date(s) Nov. 11, 2023
Is this event FREE Yes
and OPEN to the
public?
Event Location(s) Roquette Cafe & Bistro, 201 Sandpointe Ave Suite 150, Santa Ana, CA
92707
What city ward(s) will Ward 4
the event be located
(click on link below to
find wards)?
Number of expected 60-80
attendance for your
event
Brief Description of 'Artful Giving' makes creating and collecting art accessible to all socio-
Project
economic communities in Santa Ana. It invites everyone to experience the
power of art at no cost. Two exciting activities will be presented: Affordable
Art Raffle and Art Making Station. Raffles will feature art from artists with
adversity. Attendees may purchase low-cost raffle tickets to win high -
quality art. Art Making Station will offer free art materials and artist
instruction to create unique crafts. To further the impact and outreach in
Santa Ana, 'Artful Giving' will collaborate with Working Wardrobes.
Attendees who donate clothing will be gifted our curated care packages.
Describe the
'Artful Giving' is a free aft event hosted by Santa Ana based nonprofit
community benefits
organization, The Art Spread. The Art Spread's co-founder, Nadin Said, is a
of this event
Santa Ana resident, who understand the needs, desires, and cultures of
Santa Ana. Accordingly, this event will be open to the public, bring a wide
range of benefits to residents and artists, and foster prosperous economic
opportunities for both the participants and community overall. It will take
place on November 11, 2023, from 12-4 pm, just in time for creative,
holiday gift giving. 'Artful Giving' will benefit the community in numerous
ways, described herein:
1. 'Artful Giving' allows people of all socio-economic backgrounds to
participate, enjoy, and collect art. It promotes inclusivity and ensures that
everyone in the community has equal access to art and creativity.
2. The event brings people together, encouraging social interactions and
community bonding. It will foster a sense of belonging and unity within
Santa Ana.
3. In this event, we will also support another great cause by working with
another local Santa Ana non-profit organization, Working Wardrobes. We
will encourage attendees to donate professional clothing that Working
Wardrobes will utilize to transform their clients in need, a great opportunity
for both donors and receivers in light of the holiday season. Each guest
who donates will gifted our curated art & wellness care package as a token
of our appreciation.
4. 'Artful Giving' will showcase diverse art from artists with adversity,
exposing the community to different cultures, traditions, and artistic
expression. It enhances cultural appreciation and understanding.
5. Art has the power to inspire and ignite creativity. This free art event will
motivate community members to explore their artistic talents and interests,
even if they haven't considered themselves "artistic" before.
6. This Event will offer a positive and constructive form of recreation in
Santa Ana, thereby reducing negative activities in the community and
increasing self-expression through art as a tool of improving mental health.
This is especially important for the youth of Santa Ana.
i. At 'Artful Giving' we will provide opportunities for attendees to learn new
art techniques and develop creative skills at no cost to them. All are
welcome to participate and no artistic skill level is required.
8. The event will have positive economic effects on the community. Local
businesses, such as the hosting restaurant, will directly benefit from
increased exposure and foot traffic during the event. In hosting 'Artful
Giving' at a local restaurant that is new to Santa Ana, we will promote local
businesses to share in the success this sponsorship would provide.
9. Engaging in art and creative activities has been linked to improved
mental well-being and reduced stress levels. The event will act as a
therapeutic outlet for participants. This is especially important in Santa
Ana, where mental health resources are less accessible.
10. This free event is family -friendly, providing an opportunity for parents
and children to enjoy quality time together in a creative and enriching
setting.
11. Hosting a successful and well -received free art event can foster a
sense of pride and accomplishment within the Santa Ana community. It will
showcase the community's commitment to promoting the arts and cultural
engagement.
In hosting the Art Raffle, Santa Ana community members have an
opportunity to take home high quality and meaningful art pieces created by
artists with adversity at minimal cost to them. Every low-cost raffle ticket
purchased enables The Art Spread to continue promoting creativity and
prospering lives in the Santa Ana community. The diverse range of artwork
available in the raffle guarantees that there's something for every art lover
to cherish.
The 'Artful Giving' event promotes art accessibility by offering low-cost
raffle tickets, providing everyone with the opportunity to own high -quality
art and support a worthy cause. In addition, anyone who brings a
professional article of clothing or accessory will receive one free art &
wellness care package. The package consists of mental health resources,
art supplies, and relaxation tools.
Equally important, the Art Raffle will provide financial stability and purpose
to our artists. As part of the sponsorship, the budget would allow The Art
Spread to purchase art pieces from artists with adversity. This would in
turn support artists with physical, social, and mental challenges, including
but not limited to wheelchair bound artists, artists with English as second
language, rehabilitated artists who have been convicted of felonies, artists
once homeless in Santa Aria, and artists who suffer from depression,
chronic pain conditions, anxiety, etc.
Amount Requested
Proposed Use of
Funds
In the spirit of giving, we will offer a free art gift creation station where
participants can unleash their creativity and craft heartfelt gifts. We will
guide the youth of Santa Ana in making art in a comfortable and supportive
environment. One of The Art Spread's local, talented artists will provide
guidance and materials, allowing the community of all ages to create
custom greeting cards and handmade crafts to take home or gift to loved
ones. No prior artistic experience is necessary -- we just require
enthusiasm and imagination!
In selecting the venue to host 'Artful Giving,' Roquette Cafe was
specifically chosen because of its inviting ambience, location, and space.
Roquette Cafe is a new business in Santa Ana. As part of The Art Spread's
commitment to Santa Ana, we want to support local Santa Ana businesses
who do so much to bring the community together. Roquette Cafe was
started by French chef Sam Geffroy, who has a passion for food and
hosting amazing events for the Santa Ana community. Recognizing his
talent, we want the provide Santa Ana the opportunity to enjoy delicious,
complimentary French lattes, French food, and a welcoming environment to
'Artful Gifting."
14436.0
Location and Food (total $4,025, itemized herein)
Venue: $1,500... restaurant and outdoor space in Ward 4 to promote
exposure to other valuable locations within Santa Ana that are oftentimes
underrepresented. The location, Roquette Cafe, provides extensive
outreach through its social media and online platforms, in addition to
gathering many walk-in patrons.
Food, dessert, and non-alcoholic beverages: $2,525.... This provides our
attendees an opportunity for a full and enriching experience at no cost to
them, to stay the entire duration and enjoy amazing food from a local Santa
Ana restaurant. In choosing Roquette Cafe, we want emerging business in
Santa Ana to thrive in Santa Ana. Food includes French cuisine and lattes.
Supporting Artist With Adversity (total $4,712, itemized herein)
We will purchase artwork from local to international artists with adversity,
encouraging them to continue creating and sharing their powerful stories
through their artwork. The confidence created through financial stability will
further assist the artists to establish themselves within the local art scene.
In turn, this will provide our local community with affordable art through
raffle tickets purchased at minimal costs. The artists we support during this
event include refugees, artists with disabilities, artists who were once
homeless in Santa Ana, wheelchair bound artists, rehabilitated artists,
immigrant artists, single mother and father artists, artists from BIPOC
community, and international artists with English as a second language.
Artwork from local Santa Ana artist Michelle Wright for Art Raffle: $440
Artwork from Orange County artist Maryam Sedadi: $250
Artwork from Orange County artist Minju Li: $225
Artwork from long-time Santa Aria and Orange County artist Oscar Loeza:
$220
Artwork from Orange County artist Elham Sarvi: $285
Artwork from Orange County artist Keren Hashalom: $100
Artwork from Orange County artist Azedeh Sarvi: $200
Artwork from Orange County artist Claudine Castro: $180
Artwork from international artist Stephanie Van Berk: $80
Artwork from international artist Boban Ilincic: $85
Artwork from international artist Shaghayegh Moradiannejad: $285
Artwork from artist Demarquis: $162
Artwork from artist J.D. $900
Artwork from Orange County artist Kayla Gierut: $780
Artwork from artist Shaunice Roberts: $120
Artwork from artist Rawan Ita-Diaz: $400
Staff (total $3,625, itemized herein)
Engaging dedicated staff to make this event as accessible as possible, and
outreach to as many community members, is key to making `Artful Giving'
successful. Staff will be needed leading up to the event, and on the day of
the event. Staff includes residents of Santa Ana to promote a prosperous
environment and work opportunities for our youth.
Managing Director of Event: $320 (approximately 35 hours)
Grant Writer: $100 (approximately 15 hours)
Creative Director of Event: $320 (approximately 35 hours)
Outreach Coordinator: $210 (approximately 20 hours)
Curator for Art & Wellness Care Packages: $170 (approximately 18 hours)
Graphic Designer to create all Flyers, Advertisements, Social Media Posts:
$225 (approximately 25 hours)
Event Coordinator for Planning and Day of Event: $140 (approximately 20
hours)
MC Host for Event: $100 (approximately 4 hours)
Social Media Manager to promote Event: $205 (approximately 20 hours)
Staff for Organizing Supplies and Art Raffle: $210 (approximately 20 hours)
Working Wardrobe Donation Coordinator: $150 (approximately 10 hours)
Art Curator/Creator of Original Art piece in Care Package: $230
(approximately 20 hours)
Blog Writer re Event: $105 (approximately 3.5 hours)
Artist Coordinator re Purchased Artwork for Event: $140 (approximately 10
hours)
Staff for Day of Event: $700... Five to seven people to help run the event,
which requires three hours of set up beforehand and one hour of tear down
afterwards. Local residents will be hired to promote financial to growth and
allowing them the opportunity to gain work experience. This will include paid
interpreters to translate conversations and better connect with the
community's native language.
Artist to Guide 'Artful Giving': $300... We will hire a local Orange County
artist, who has been featured in Frida Cinema and Santa Ana Artwalk, as a
guided art instructor to share techniques for creating an artful gift. The time
to prepare, set up, guide, and tear down would be approximately 6+ hours.
Promotional Costs (total $999, itemized herein)
Eventbrite: $29.00.... Eventbrite, will charge a starting fee of $29.00 in
September 2023. This fee includes publishing the event and allowing email
marketing up to 10k daily sends. We will list the event for at least four
weeks with appropriate tags to attract the widest range of attendees.
Social Media: $420,00... Facebook and Instagram have proven effective in
our marketing efforts for events, and will allow us to maintain relationships
with our guests before, during and after the event. We will create posts and
content that will be advertised on Facebook and Instagram through paid
boosts to share about the event and outreach to as many local Santa Ana
residents as possible. This in part involves creating a Facebook event that
focuses on the Santa Ana demographic. These outreach efforts will
strategically use hashtags and keywords, and tag local businesses and
artists to further promote the event.
Flyers: $50.00... We will custom design and print flyers to pass around to
local businesses, organizations, and community centers to personally
invite, promote engagement, and increase event awareness.
Newspapers and Online News Sources: $500... for potential attendees
who do not have social media or use online platforms, we will promote in
newspapers to reach a wider audience, appreciating all generations. This
includes a paid ad in the newspaper, with the details of the event.
Newspaper options include Orange County Register.
Materials (total $1,075, itemized herein)
Art Making Station: $500..... This cost is for supplies so that guests can
create a memorable holiday gift at no cost. This cost includes paints,
canvases, craft accessories, paint brushes, mixed media for, palettes, etc.
Clothing rack and hangers for Working Wardrobe donations: $75... Display
to hang donated articles of clothing/accessories and hangers.
Art & Wellness Care Packages.... $500, purchase art supplies, decor,
small original artwork from Santa Ana resident, and mental health
resources. We will purchase from Santa Ana shops, like Goodwill, M.
Lovewell, and Michael's, in Santa Ana to promote economic prosperity
locally.
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://www.santa-
ana.org/ed/arts-
culture-office/s peci a I -
event -sponsorship -
policy