HomeMy WebLinkAboutEL SOL SCIENCE AND ARTS ACADEMYINSURANCE NOT REUUIN
WORK MAY PROCEED
CITY CLERK
DATE: - MAR 2 7 ZOZ4
D'. ca l+(+3)
L.T. tei-vw'
1. PARTIES AND DATE
CITY OF SANTA ANA
DONATION AGREEMENT
N-2024-111 —
This Donation Agreement ("Agreement") is made and entered into this 18th day of March
2024, 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'D, and El Sol Science and Arts
Academy ("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 "El Sol Spring Festival: Santa Ana Suefla" ("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 offering a free
community event that showcases two collaborative arts and culture projects from El Sol Conexion
Center for Arts and Culture. The first one is the "hitergenerational Letter Project" with interpretive
content created with a UCI history professor that will be showcased in an interactive art installation
exhibit for the public. The second one is "Travieso Press," a DIY printing press where children and
families will be able to make and take home free bilingual children's books written by young Santa
Ana authors from El Sol. 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
FOUR THOUSAND, THREE HUNDRED, THIRTY -TIME DOLLARS ($4,333) 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 terns and conditions provided for in this
Agreement. Should Recipient fail to use the funds for such purpose or otherwise comply fully with
the terns 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; Tcnnination 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 Obliea ions. 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 Idnd 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/Modif cation, 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 N-2024-111
DONATION AGREEMENT
Page 3 of 4
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.
ATTPST-
APPROVED AS TO FORM:
CITY OF SANTA ANA
t � "J�':Zw
THOMAS R. HATCH
Interim City Manager
SONIA R. CARVALHO RECIPIENT:
City Attorn y
// /' au,2 czeuou�ati
By: 4a — `
Andrea arcia-Mill Sue Cronmiller
Assistant City Attorney
El Sol Science and Arts Academy
328 W. Halesworth Street
Santa Ana, CA 92701
RECOMMENDED FOR APPROVAL:
MICHAEL L. GARCIA
Executive Director, Community Development Agency
CITY OF SANTA ANA
(DONATION AG1RL, FMFNT
Page 4 of 4
EXIIIBTI' A
Request for Sponsorship Funds
I
City of Santa Ana
Title 0073
by Sue Cronmlller in Arts & Culture - Special
Event Sponsorship Request Form (SESRF) -
2023
8398 Leeward Drive
Huntington Beach, California
92646
United States
949 202 9522
suecroniniller@me.com
Original Submission
Score
Name of Primary
Contact
Contact Title
Name of Entity
(organization,
business,
neighborhood
association)
n/a
Sue
Cronmiller
_..___..._.,__..._...._._..._._.__.___......._,...._._...._......... .,........... _.._.._._...... _..,... _
Director, El Sol Conexion Center for Arts and Culture
El Sal Science and Arts Academy
Powered by Submittable (a
01/08/2024
id. 45127182
i
Check the box that Nonprofit 501(c)(3)
applies to your entity:
Additional Applicant Monique Daviss, Executive Director El Sol
Names (if applicable) Adriana Alexander, MFA, Workshop for Community Arts
Isidro Perez, MFA, Workshop for Community Arts
... ...... _..__ ._ _.. _. ............. ......
Physical Add.
y ress 328 W Halesworth Street
Santa Ana
CA
92701
us
Mailing Address 328 W. Halesworth Street
Santa Ana
CA
92701
US
Phone +19492029522
Email suecronlniilertame.com
01/08/2024
I
Website elsolacedemy.org
__..... ... .... ,_._.__._._,..__w--_,_,.,,__.,.,_._,__..__.,__._,.__.,_,,..-....__._.. _ _..._.._ __._........... ,,__._..... _......
._.. i
Event Name/Title El Sol Spring Festival: Santa Ana Sueft
Event Date(s) _ TBD Saturday afternoon in April or May 2024�
Is this event FREE Yes
and OPEN to the
public?
Event Location(s) El Sol Science and Arts Academy Campus 328 W. Halesworth Street
Santa Ana, CA
Letter/Email from
Property Owner (for
public art
installations, murals,
use of city parks, use
of spaces for
workshops, etc.)
What city ward(s) will Ward 5
the event be located
(click on link below to
find wards)?
Number of expected 300+
attendance for your
event
Brief Description of This free, community event will celebrate the culmination of two
Project collaborative Arts and Culture projects at El Sol.
Festivities include: Live music, student dance performance, food,
Interactive learning stations, local history presentations:
Intergenerational Letter Project with interpretive content created with UCI
History professor, Ana Rosas: letters written by first families of El Sol and
current El Sol students will be showcased in an Interactive art
installation/exhibit for the public.
https://www,soosci.uci.edu/mwsevents/news/2022/2022-09-21-el-sol-
academy.php
Travieso Press: Using DIY printing presses, children and families will be
able to make and take home FREE bilingual chlldren's books written by
young Santa Ana authors from El Sal.
Describe the El Sol Academy's Spring Festival: Santa Ana Suefia, continues the school's
community benefits tradition of offering stellar, well -attended community arts and culture events
of this event for the whole community. El Sol Arts and Culture events engage and
connect a diverse audience of often Isolated groups —young, low income
working families, older residents from across Santa Ana and the county, K-
12 teachers and students, college and university professors and students
with local, grassroots, community artists and culture bearers. Santa Ana
Suefia, in celebrating the culmination of ongoing collaborative Arts and
Culture projects currently taking place at El Sol- each of which document
and share the rich, diverse stories of our community — will help to create
an expanded narrative of possibility for Santa Ana youth and families.
Often, we are taught that history happens elsewhere, without having a
sense of our own personal and community connections to the history
around us. The TI Sol Intergenerational Letter Project" is a place for
students, parents and the Santa Ana community to make those kinds of
connections. El Sol Academy youth have been participating as students in
workshops with UCI History Professor, Dr Ana Rosas and her university
students, centered around a rich archive of letters written by the founding
families of El Sol Academy, the first dual language school In the district.
The letters tell the story of the founding of El Sol, the dreams of parents for
their children, and, as such, illustrate, in a moving, personal way, an
Important chapter of the history of Santa Ana, Featured for the first time at
the event, these letters and histories will be shared with the public via an
interactive viewing exhibit designed and built by the artists of Workshop for
Community Arts.
The event will serve as a book launch for a series of eight community -
written, community -published cartonera children's books — the culmination
of a 5-month project from Workshop for Community Arts (WCA') Travieso
Press, facilitated by local artists Adriana 86nchezAlexander (writer) and
Isidro Perez Garcia (artist) and hosted at Ell Sol Academy. Using fun on -
site DIY printing presses, children and families attending the event will be
able to crake and take home FREE bilingual children's books written by
young Santa Ana authors from El Sol who worked in collaboration with an
editor and local illustrators to produce children's books for the younger
generation.
El Sol students are empowered as they contribute as organizers, artists,
docents, content Creators, exhibitors, performers, speakers and presenters
at the event.
For community participants, many will find a warm and welcoming sense of
shared place --full of excitement, conversation and activities in art,
community culture and history where, together, they will learn of previously
unheard, eye-opening and impactful stories about the community In which
they live, work and play. Moreover, participants from diverse backgrounds
will interact and gat to know one another through shared experience,
learning and hands-on activities.
El Sol has been organizing public arts and culture events for the whole
community since 201 B. Over 300 people attended our most recent event in
spring of 2022. When surveyed, audience participants stated that the
events were "very powerful" in stirring a community feeling of belonging and
shared Identity, These events help us gather together to celebrate cultural
heritage, help us feel connected and provide opportunities to rr>F:et and
appreciate each other through shared experiences. All previous El Sol
community festivals and events have been professionally filmed and
archived on the El Sol Conexion YouTube Channel
https://www.youttibe.corrVehanneVUCqMwkcmxErQNKwZ—Lvft8Bg
Amount Requested 15000.0
Proposed Use of Workshop for Community Arts:
Funds Time and Materials on the design, build and installation of the Interactive
Intergenerational Letter Project exhibit. $5,000
Day of Event, Set up and facilitation of the Travioso Press interactive
printing press, training of volunteers $2,000
Print materials -- take home booklets on letter project, event programs, on
site book making materials $3,000
Moises Vasques and Band Live Music $1,500
Taco Truck $1,000
Videographer $2,500
El Sol will provide matching funds for the event Including custodial, security,
crossing guards, insurance costs, equipment (chairs, tables, tents, stage,
audio equipment), communications, outreach, public relations and other
staffing.
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:ltwww.santa-
ana,org/cd/arts-
c ulture-office/speci al -
event -sponsorship -
policy