HomeMy WebLinkAboutVIETNAMESE AMERICAN ARTS & LETTERS ASSOCIATION (2)INSURANCE NOT REQUIRED
WORK MAY PROCEED
CITY CLERK
PATE: NOV 3 0 2O23
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1. PARTIES AND DATE
CITY OF SANTA ANA
DONATION AGREEMENT
N-2023-324
This Donation Agreement ("Agreement") is made and entered into this 15T" 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
Vietnamese American Arts & Letters Association ("Recipient"). City and Recipient are
sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement.
2. RECrrALs
2.1 Community Benefit. The City wishes to provide Recipient with funding to assist
Recipient with Viet Film Fest, an annual international Rho festival which was held from September
30 through October 13, 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 celebrating Vietnamese
stories and voices in cinema. The event will highlight the diverse aspects of Vietnamese culture,
history, and heritage; foster cross-cultural understanding and appreciation; and provide a space for
community members of all ethnicities to come together, exchange ideas, and strengthen their sense
of identity, as well as have a positive economic impact for the city. 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
ELEVEN THOUSAND, SIX HUNDRED, SIXTY-SEVEN DOLLARS ($11,667) 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 AGREEMENT
Page 2 of 4
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 bey. 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 expiation 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 OF SANTA ANA
DONATION AGREEMENT
Page 3 of 4
N-2023-324
individuals who have signed this Agreement have the legal power, right; and authority to make this
Agreement bind each respective Party.
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
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Andrea Garcia- filler
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
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CITY OF SANTA ANA
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Tom Hatch
Interim City Manager
RECIPIENT:
YSA LE
Vietnamese American Arts & Letters Association
P.O. Box 20218
Fountain Valley, CA 92728
MICHAEL L. GARCIA
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 Submittable U
Title 0013
by Ysa Le in Arts & Culture - Special Event
Sponsorship Request Form (SESRF) - 2023
PO BOX 20218
FOUNTAIN VALLEY, California
92728
CA
United States
7149142260
ysale@vaala.org
Original Submission
Name of Primary Ysa
Contact Le
Contact Title Executive Director
Name of Entity Vietnamese American Arts & Letters Association (VAALA)
(organisation,
business,
neighborhood
association)
Check the box that Nonprofit 501(c)(3)
applies to your entity:
Additional Applicant
Names (if applicable)
Physical Address 9574 Moss Glen Ave.
Fountain Valley
CA
92708
us
Mailing Address
P.U. Box 20218
Fountain Valley
CA
92728
us
Phone
+17149142260
Email
ysale@vaala.org
Website
www.VietFilmFest.com
09/11 /2023
id. 44022097
09/11/2023
Event Name/Title Viet Film Fest
Event Date(s)
September 30 through October 15, 2023 online with in -person screenings
on October 6th & 7th
Is this event FREE
Yes
and OPEN to the
public?
Event Location(s)
The Frida Cinema, 305 E. 4th St., Santa Ana. CA 92701
What city ward(s) will
Ward 1
the event be located
Ward 2
(click on link below to
Ward 3
find wards)?
Ward 4
Ward 5
Ward 6
Number of expected
2,500 people for these 2 days of in -person screenings + 2,500 online
attendance for your
event
Brief Description of
The mission of Viet Film Fest is to celebrate Vietnamese stories and
Project
voices in cinema. The 2023 festival will take place from September 30
through October 15 with 2 days of in -person screenings on October 6 & 7
at the Frida Cinema. With 9 in -person screenings and a virtual program
with additional films, the festival aims to highlight the diverse aspects of
Vietnamese culture, history, and heritage, fostering cross-cultural
understanding and appreciation, and provide a space for the community
members of all ethnicities to come together, exchange ideas, and
strengthen their sense of community.
Describe the * Cultural Enrichment: Viet Film Fest provides an opportunity to explore and
community benefits celebrate Vietnamese culture, heritage, and the art of storytelling through
of this event film. Attendees can gain a deeper understanding of Vietnamese history,
traditions, and contemporary issues depicted in the films. "a
* Viet Film Fest is accessible to the community members. The Opening
Night film, the "Spectacular Adventure of Little Prodigy" is free admission to
senior citizens over 65 years old. Discount tickets are offered to high
school students with ID and senior citizens over 65. Two 3pm screenings
on Friday, October 6th will be free for Santa Ana residents. High School
students will have $2 discount on their tickets.
* Engagement and Networking: The festival often hosts Q&A sessions,
panel discussions, and networking events with filmmakers, actors, and
industry professionals. This allows community members to interact with
those involved in the film industry and learn about the creative process.['.
Many filmmakers will be coming from out of town, and even out of the
country, to attend Viet Film Fest. We will invite them to use the hotel
accommodation and try the great restaurants in Santa Ana.
* Awareness of Social Issues: Many films showcased at Viet Film Fest
address significant social and cultural topics. Community members can
gain insights into these issues and engage in meaningful conversations
about them.[]For example, the screening of the documentary "Refuge After
War" will be followed by a panel discussion with the filmmakers and
activists, examining the after -math -of -the -war issues faced by refugees
from Afghanistan in recent years and Vietnam from the late 1970s and
1980s.
* Support for Local Talent: Viet Film Fest often features works by
Vietnamese and Vietnamese -American filmmakers. Supporting these
filmmakers can inspire and empower local talent within the community.
* Entertainment and Enjoyment: Beyond cultural and educational aspects,
Viet Film Fest offers an enjoyable cinematic experience. It's an opportunity
for community members to watch a diverse range of films, from drama to
comedy to documentaries.
In summary, Viet Film Fest offers a multifaceted experience that can
enrich, entertain, educate, and inspire community members while fostering
a deeper connection to Vietnamese culture and storytelling.
Amount Requested 15000.0
Proposed Use of
We will use the funds for:
Funds
- Theater rental: $11,000
- Film processing to make the content in a DCP format to screen in the
theater); DCP (digital cinema package) is the standard delivery format for
film screenings in theaters. $2,000
- Website to provide information to the audience: $1,000
- Printing (banners, movie posters to display at the theater, and postcards):
$1,000
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/od/arts-
culture-office/s pecial-
event-sponsorship-
policy