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HomeMy WebLinkAboutRODRIGUEZ, JORGE F.INSURANCE NOT REQUIRED WORK MAY PROCEED CITY CLERK DATE: ' MAR 2 7 20Z4 p' C b4 CSs) 1. PARTIES AND DATE CITY OF SANTA ANA DONATION AGREEMENT N-2024-118 This Donation Agreement ("Agreement") is made and entered into this 181" 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 Jorge F. Rodriguez ("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 "'Dream -weaving' Film Screening" ("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 supporting a platform for documenting and amplifying youth and community voices within the City of Santa Ana as well as the larger Orange County context through video essays and productions, highlighting youth experiences, local history, and research. This event promotes cultural enrichment, youth mentorship, and valuable opportunities for personal growth and community development. 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 THOUSAND, FOUR HUNDRED DOLLARS ($3,400) 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 tratima 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 vol ulteers, 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 Authorityto o 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 N-2024-118 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. APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: k(I,,U An rea Garcia -Mil Assistant City Attorney RECOMMENDED FOR APPROVAL: CITY OF SANTA ANA THOMAS R. HATCH Interim City Manager RECIPIENT: E*2 y Jorge F. Rodriguez Santa Ana Youth Media Project 701 Kilson Dr. Santa Ana, CA 92701 MICHAEL L. GARCIA Executive Director, Community Development Agency CITY OF SANTA ANA DONATION AGUE MENT Page 4 of 4 EXHIBIT A Request for Sponsorship Funds City of Santa Ana Title 0057 by Jorge Rodriguez in Arts & Culture - Special Event Sponsorship Request Form (SESRF) - 2023 joroddguez@chapnian.edu Original Submission Name of Primary Jorge F. Contact Rodriguez Contact Title Director of the Santa Ana Youth Media Project Name of Entity Santa Ana Youth Media Project (organization, business, neighborhood association) Check the box that Individual/Cornmunity Group applies to your entity: Additional Applicant Names (if applicable) Physical Address 701 Kilson Dr. Santa Ana GA 92701 us Mailing Address 701 Kilson Dr. Santa Ana CA 92701 us 4 Phone+17148561441 Email jorodriguez@ chapman.edu Website https://www.sayn-ediaproject.org Event Name/Title "Dream -weaving" Film Screeing Event Date(s) Friday May 31, 2024 Powered by Subr ittable 1) 12/12/2023 id. 44928272 12/12/2023 Is this event FREE Yes and OPEN to the public? Event Location(s) Century High School (1401 S. Grand Ave., Santa Ana, CA. 92705 What city ward(s) will Ward 6 the event be located (click on link below to find wards)? Number of expected 150 attendance for your event Brief Description of The Santa Youth Media Project (SAYMP) is a youth media advocacy and Project research project consisting of a mix of students from the city of Santa Ana, Chapman University, and community members from the local Orange County. The SAYMP as a project and participant within these communities is interested in documenting and amplifying youth and community voice within the city of Santa Ana, /larger Orange County Context. Our project is developing a media platform where youth and community members tell their own stories and advocate for their community using any media platform as a medium. Describe the Who We are: community benefits The Santa Ana Youth Media Project has set out to document and uplift of this event Orange County youth voices through media projects that center self- expression and storytelling. We believe that Orange County youth have seas of stories, that, through acts of artistic creation, can be moved to nourish, heal, and build our communities. We collaborate with high school students and community members to bring their ideas and art to life. Through energetic dialogue with youth and providing a collaborative, encouraging workshop space, we want to resource their work as we bring in our own creative and educational experiences to the conversation, and to provide them with a platform to publish and broadly share their voices, experiences, concerns, hopes, and dreams! All our projects are youth - directed and influenced in the vision -making with our team acting primarily as support and guide for the execution. The video essays/productions have been produced via narrative inquiry, research investigation, and creative visual media resources that highlight youth context, local his/herstory and research (Morrell, & Duncan -Andrade, 2005). Event purpose: The Dream FWeaving Film Screening will highlight two videos produce by the Santa Ana Youth Media Project of two Century Student Alumni on youth expression. The first film on Youth Poetic expression is titled "Home un Lugar para Todes" a beautiful visual and poetic expression of their home of Santa Ana. The other film is a music video (Title forth coming) were a High School student wrote song lyrics expressing familiar struggles and love, and later expresses them through music. The High School Student collaborated with Chapman University Music Education majors on composing the music of the video and, ultimately creating a filmed music video. Both of these films will be screened and celebrated on this night for their peers and community to watch. Benefits to the community: Very rarely do we ever see youth collaborate with College students to make their expressions and dreams come true. This project amplifies youth voices in ways that are visually available for all community. Equally these projects are youth lead, and ultimately for emphasizing youth agency. The community has an opportunity to see the talent and possibilities for what youth can accomplish for themselves and for their community when given the resources and expressive opportunity. This project was also build in collaboration with Century High School Teaching Academy Director Mr. James Ovenson, and this event becomes a culmination of collaborations between the Santa Ana Youth Media Project, Century High School, and Santa Ana Youth. It is always beautiful to see our youth being celebrated. Amount Requested 5000.0 Proposed Use of Arts and Culture Special Events Sponsorship Cost Funds Promotion (paying personnel to build out social Media and Website for the event) $1000 Century HS Auditorium $250 Food $1000 Master of Ceremony $250 Santa Ana Youth Media Project Presentation and Discussion (Facilitation) $2000 Closing Band (featuring one of the songs being screened) $500 Total $5000 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- culture-office/special- event-sponsorship- policy