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Home My WebLink AboutARTSY101 LLCINSURANCE NOT REQUIRED WORK MAY PROCEED CITY CLERK N-2024-115 DATE: MAR 2 7 2024 p, c�)ALA) CITY OF SANTA ANA DONATION AGREEMENT 1. PARTIES AND DATE 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', and Artsy101 LLC, a California limited liability company ("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 "World Fusion Dance Concert Performance" ("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 connecting and activating the community surrounding the Delhi Neighborhood through multigenerational art workshops. This event will be inclusive of senior citizens as well as those of the younger generations and provide them with access to practicing art, particularly if they lack the resources. 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 NINE HUNDRED, EIGHTY-SEVEN DOLLARS ($987) 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 fands 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 AGRUMENT Page 2 of 4 3.3 Waivers, Insurance or Other Obligations, bli atg 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 C4ty. 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, lndeninify 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 Recipients 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-2024-115 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 By: G Andrea arcia-Mi Assistant City Attorney FOR APPROVAL: CITY OF SANTA ANA Aam�.*� HOMAS R. HATCH Interim City Manager RECIPIENT: Elizabeth Cardenas Artsy101 LLC 2138 Maple Street Santa Ana, CA 92707 M CHAEL L. GARCIA Executive Director, Community Development Agency CITY of SANTA ANA DoNATioN AGRrEMENT Page 4 of 4 EXHIBIT A Request for Sponsorship Funds City of Santa Ana Title 0079 by Elizabeth Cardenas in Arts & Culture - Special Event Sponsorship Request Form (SESRF) - 2023 ecsanekilis@gmall.com Powered by Submltiable V 01/20/2024 id, 45255214 Original Submission 01/20/2024 Score� n/a.�,..._._.,.....,�.....�.�,.�,....-,..�.�...�.....�..�..y. �...�. _,_.W_.._. ...._....---...., Name of Primary Elizabeth Contact Cardenas Contact Title Art Facilitator Name of Entity Artsy101 (organization, business, neighborhood association) Check the box that Individual/Community Group�� applies to your entity: Additional Applicant Names (if applicable) _..__._.._.___..,.... ....... _ ......_.. Physical Address Mailing Address Phone Email Website __........_.__._ Event Name/Title 2138 Maple Street Santa Ana CA 92707 us 2138 Maple Street Santa Ana CA 92707 us +17144255364 create@artsyl01.com www.artsyl01,com Art in Our Community Event Date(s) 3/15/2024 & 6/21/2024 Is this event FREE Yes and OPEN to the public? Event Locations Delhi Center 505 East Central Avenue Santa Ana, CA 927q () 7 Letter/Email from Property Owner (for public art installations, murals, use of city parks, use of spaces for workshops, etc.) IElixabeth_Cardenas_Renta(, Agreement.pdf What city ward(s) will Ward 6 the event be located (click on link below to find wards)? 4 umber of expeoted 25 tc 30 per event uµ attendance for your event __..__._....__.....----._.._.__._.._.. Brief Description of __......_.._.,..._.......__.__...._._..._____._..__._.__..-..___.._..__...... This event is designed to encourage the Delhi community to gather for art Project making and social connections amongst multi generations. Each art workshop will be facilitated by myself, a teaching artist. My name is Elizabeth Cardenas and I was born and raised in Santa Ana in the Delhi Community. I currently facilitates art making at Orange County Museum of Art and through my business Artsy101 at Oakmont Senior Communities across orange county. i also teach classes at YMCA's inclusion program. It has been a goal of mine to be able to offer free art making where I grew upl Describe the Connecting with others in our community through multigenerational art community benefits workshops helps to activate the city with hope and nurtures the need for of this event self expression in an inclusive and safe space. For many seniors in our community, this is a first - art making for leisure. For a younger person or child this type of event can build skills where an interest already exists but due to limited resources or accessibility an art practice must be placed on hold. Lastly, it is a fact that art heals, not only people but spaces and communities. Amount Requested 1060.0 Proposed Use of Rental of space $400 Funds Supplies for art making $200 Chair and table rentals $200 Additional Art Facilitation Staff (assisting) $200 Printed Promotional Material and Promotion: $60 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://w m.santa- ana.org/edlarts- culture-office/special- event-sponsorship- policy