Loading...
HomeMy WebLinkAboutDANCE ARTS ACADEMY OCINSURANCE NOT REQUIRED WORK MAY PROCEED CITY CLERK DATE. JAN 0 8 Z0Z4 p. cnr,C�l CITY OF SANTA ANA DONATION AGREEMENT 1. PARTIES AND DATE N-2024-007 This Donation Agreement ("Agreement") is made and entered into this 15" 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 Dance Arts Academy OC ("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 "Todos Unidos," a public cultural arts showcase ("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 cultural heritage and contributions from the African American and LatinX communities through dance, music, and spoken word. The event will foster creativity and self-expression in youths while also exposing them to critical conversations about social justice. 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 FIVE THOUSAND, SIX HUNDRED DOLLARS ($5,600) 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 OF 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 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 CITY OF SANTA ANA DONATION AGREEMENT Page 3 of 4 N-2024-007 individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement bind each respective Parry. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. ATTEST: APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney CITY OF SANTA ANA 71,wg- Yo OMAS R. HATCH Interim City Manager RECIPIENT: Andrea Garcia -Miller SAKINA IBRAHIM Assistant City Attorney Dance Arts Academy OC 165 Cozumel Laguna Beach, CA 92651 RECOMMENDED FOR APPROVAL: I HAEL 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 Title 0023 by Sakina Ibrahim in Arts & Culture - Special Event Sponsorship Request Form (SESRF) - 2023 sakinanadiah@gmaii.com Original Submission Name of Primary Contact Contact Title Name of Entity (organization, business, neighborhood association) Saki na Ibrahim Founder & Artistic Director Dance Arts Academy OC Check the box that For -profit Business (retail, gallery, restaurant, etc.) applies to your entity: Nonprofit 501(c)(3) Additional Applicant Names (if applicable) Physical Address 622 N Main st Santa Ana CA 92701 us Mailing Address 165 Cozumel Laguna Beach Ca 92651 us Phone ' +19499297966 Email contact@danceartsacademyoo.org Website danceartsacademyoo.org Event Nave/Title Todos unidos Event Date(s) June 8th Powered by Submittable D 09/25/2023 id. 44184699 09/27/2023 Is this event FREE Yes and OPEN to the public? Event Location(s) Santa Ana High School 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 I'm enthusiastic about utilizing this grant to advance my vision for a free Project and open to the public cultural arts showcase in Santa Ana, a locale with a vibrant community of African Americans and Latinx individuals. My aim is to curate an event where I can present choreography while collaborating with fellow artists, including drummers and spoken word artists, who share a dedication to the mission of social justice and the preservation of our collective history and experiences through arts and culture. This showcase is an opportunity to provide arts and engagement access to low income families . Describe the This event holds the potential for profound positive impact on the community benefits community of Santa Ana, CA in several significant ways: of this event Cultural Empowerment and Representation: By showcasing the artistic talents and narratives of African American and Latinx individuals, the event provides a platform for these communities to celebrate their cultural heritage and contributions. This can instill a sense of pride and empowerment among community members, Fostering Inclusivity and Unity: The collaboration among artists of diverse backgrounds and disciplines promotes inclusivity and unity. It highlights the common threads that bind us all and encourages mutual understanding and appreciation, contributing to a more cohesive and harmonious community. Education and Awareness: Through various art forms such as dance, music, and spoken word, the event can serve as an educational tool, shedding light on important historical and contemporary issues. It provides an opportunity for attendees to gain new perspectives and insights into the experiences of marginalized communities. Engaging the Youth: Offering a free, family - friendly event creates an accessible space for young people to experience and engage with the arts. It may inspire budding artists, fostering creativity and self-expression, while also exposing them to critical conversations about social justice. Catalyst for Conversations: The event's emphasis on dialogue and exchange of ideas serves as a catalyst for meaningful conversations within the community. It encourages attendees to reflect on important issues, share their own perspectives, and consider potential solutions to challenges faced by the community. Community engagement: This event will be free of charge allowing access, inclusivity, and removing the financial barriers and limitations that families face when it comes to affording tickets for live performances and cultural events. This event will be promoted through schools and community organizations. Guests will be encourage RSVP for a ticket to ensure enough seating. Amount Requested 15000.0 Proposed Use of A grant of $15,000 would be instrumental in ensuring the success of this Funds event. Here's a breakdown of how the funds would be allocated: Venue and City Permits - The grant would cover the cost of renting a suitable venue in Santa Ana, ensuring enough space to accommodate the anticipated attendees comfortably. Additionally, it would help secure the necessary city permits, ensuring compliance with local regulations. Vendors - Allocating funds for vendors would enhance the overall experience for attendees. This could include food vendors, local artisans, and other businesses, creating a diverse and engaging environment. Marketing and Promotion - A portion of the grant would be allocated towards a comprehensive marketing and promotional campaign. This may involve designing and printing promotional materials, online advertising, and potentially engaging local media outlets to spread the word about the event. Stage and Production Equipment - Renting or purchasing necessary stage equipment, such as lighting, sound systems, and other technical requirements, would ensure high - quality performances and presentations. Staffing - The grant would support hiring essential staff members, such as event coordinators, security personnel, technicians, and support staff. This would ensure the smooth operation of the event and provide a safe and enjoyable experience for all attendees. Contingency Fund: - It's important to allocate a portion of the grant as a contingency fund to account for unforeseen expenses or emergencies that may arise during the planning and execution of the event. Here's a rough breakdown of how the grant would be allocated: - Venue and City Permits: $3,000 - Vendors: $2,000 - Marketing and Promotion: $2,500 - Stage and Production Equipment: $3,500 - Staffing: $2,500 - Contingency Fund: $1,500 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/special- event-sponsorship- policy