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Home My WebLink AboutDOUNG, WENDYINSURANCE NOT REQUIRED WORK MAY PROCEED CITY CLERK N-2023-323 DATE: NOV 3 0 2023 0%o. )ACo) L-t. Le) /0-0, 1. PARTIES AND DATE CITY OF SANTA ANA DONATION AGREEMENT This Donation Agreement ("Agreement") is made and entered into this 1ST' 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 Wendy Duong ("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 "Santa Ana Ink," a monthly community drawing event ("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 Pumose. The City believes there is a public purpose in gathering of artists and non -artists who share an interest in drawing to network and socialize while drawing and sketching in one of the city's popular food hall. This event will not only help build community, but also have a positive impact on the city's economy. 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 THREE HUNDRED, TWENTY DOLLARS ($320) 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 fast 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 OR 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 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. CITY OF SANTA ANA N-2023-323 DONATION AGREEMENT Page 3 of 4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney l And ea Garcia- Iller Assistant City Attorney RECOMMENDED FOR APPROVAL: CITY OF SANTA ANA 27 Tom Hatch Interim City Manager RECIPIENT: 4905 W. Roberts Drive Santa Ana, CA 92704 MICHAEL L. GARCIA Executive Director, Community Development Agency CITY OF SANTA ANA DONATION AGREEMENT Page 4 of 4 Request for Sponsorship Funds City of Santa Ana Powered by Submittable U Title 0014 09/11 /2023 by Wendy Duong in Arts & Culture - Special Event id. 44022473 Sponsorship Request Form (SESRF) - 2023 4905 W Roberts Dr Santa Ana, California 92704 CA United States 7144069792 eaus@ymail.com Original Submission 09/11/2023 Name of Primary Wendy Contact Duong Contact Title Wendy Duong Name of Entity Santa Ana (organization, ,business, neighborhood association) Check the box that Individual/Community Group applies to your entity: Additional Applicant Names (if applicable) Physical Address 4905 W Roberts Dr Santa Ana CA 92704 us Mailing Address 4905 W Roberts Dr Santa Ana CA 92704 us Phone +17144069792 Email eaus@ymail.com Website Wendyduong.com Event Name/Title Santa Ana Ink Event Date(s) Once a month, every first Tuesday Is this event FREE Yes and OPEN to the public? Event Location(s) Santa Ana 4th St, market: 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 10-15 attendance for your event Brief Description of I have been to a Long Beach community drawing event called LB Ink and Project Drink and I loved how artists, as well as non artists, got to draw and socialize. I would like to bring this concept to Santa Ana. It will take place at 4th street market in Downtown Santa Ana in the back patio on one of the large tables. I would have a small portable speaker for music and provide supplies such as a large roll of paper, sharpies, and markers, erasers, pencils. Describe the Public access to supplies for drawing and sketching for the community, community benefits gathering of artists and non artists to interact in a social setting, networking of this event and socializing for people who have the same interest of drawing. Amount Requested 230.0 Proposed Use of -Large butcher paper roll_2x $35 Funds -bluetooth speaker_1 x $25 -erasers 10 pk 1 x $9 -mechanical pencils 40 pk_1 x $7 -Medium Sharpie 36pk_ 1 x $25 -fine Sharpie 12pk _ 2 x $10 -Markers set: 2 x $27 _subtotal : $210 _ tax: $20 Total: $230 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/cd/arts- c u l t u re-offi ce/s pe c i a (- event -sponsorship - policy