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Home My WebLink AboutWAYWARD ARTIST, INC., THEINSURANCE NOT REQUIRED WORK MAY PROCEED CITY CLERK DATE: APR 19 2024 p •, c D\A-W CT. / 1. PARTIES AND DATE CITY OF SANTA ANA DONATION AGREEMENT N-2024-140 This Donation Agreement ("Agreement") is made and entered into this 11th 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 The Wayward Artist, Inc., a California nonprofit corporation ("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 "Resilient Threads: Voices of Santa Ana's Chinese Pioneers" ("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 terns and conditions under which the City will provide funding. 2.2 Public Purpose. The City believes there is a public purpose in honoring the legacy of Santa Ana's Chinese elders who have weathered adversity, discrimination, and cultural shifts by documenting, transcribing, preserving, and dramatizing their oral histories. This event is a living companion to the "Chinatown Memorial" in Downtown Santa Ana, where the tragic burning of the original Chinatown occurred in 1906, and will culminate in a live performance by the elders on stage that is free and open to the public. 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, EIGHTY-THREE DOLLARS ($4,083) 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 indemnity 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-2024-140 individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement bind each respective Party. IN WITNESS WHE12E017, the parties hereto have executed this Agreement on the day and year first above written. ATTEST: APPROVED AS TO FORM: SONIA R. CARVALHO City Attom y By:G 4 fk 211A Andrea arcia-Mille Assistant City Attorney RECOMMENDED FOR APPROVAL: CITY OF SANTA ANA Alvaro Nunez Acting City Manager The Wayward Artist 125 N. Broadway, #E Santa Ana, CA 92701 MICHAEL L. GARCIA Executive Director, Community Development Agency CITY Or SANTA ANA DONATION AGREEMENT Page 4 of 4 EXHIBIT A Request for Sponsorship Funds mmo & M., ryffm Title 0085 by Michael Martinez Hamilton in Arts & Culture - Special Event Sponsorship Request Form (SESRF) .2023 mhamilton@thewaywardartist.org Original Submission Score Name of Primary Contact Contact Title Name of Entity (organization, business, neighborhood association) n/a Michael Martinez Hamilton Co -Artistic Director The Wayward Artist Check the box that Nonprofit 501 (c)(3) applies to your entity: Additional Applicant Names (if applicable) . ......... ... - .. .. ...... ---- .... ...... .. ...... ... Physical Address 125 N Broadway #E Santa Ana CA 92701 us Mailing Address 125 N Broadway #E Santa Ana CA 92701 us Phone +13522787113 Email mhamilton@thewaywardartist,org .. .......... . . 11.1 ... .... ... - ..... . .............. . ............. .... .1-1- ....... . .... .... 1.1.11 ...... 1.1.1'.....1--.1 ................... Website https://www.thewaywardartist.org/ Powered by Submittable () Event Name/Title Resilient Threads: Voices of Santa Ana's Chinese Pioneers Event Date(s) May 23, 24, 25 02/05/2024 ld.45456577 02/05/2024 Is this event FREE Yes and OPEN to the public? Event Location(s) 125 N Broadway #E, Santa Ana, CA 92701 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 225 over the course of 3 days attendance for your event Brief Description of Resilient Threads seeks to honor the legacy of Santa Ana's Chinese Project elders. These remarkable individuals have weathered adversity, discrimination, and cultural shifts, yet their resilience and contributions remain woven into the fabric of our city. By documenting their oral histories, we pay homage to their struggles, triumphs, and enduring spirit. Through extensive interviews, we capture the vivid narratives of Chinese migrants who shaped Santa Ana's landscape. Their stories —of sacrifice, family bonds, entrepreneurship, and cultural preservation —will be meticulously transcribed, preserved, and dramatized. Our stage will come alive with their voices, as these resilient pioneers share their experiences, hopes, and dreams. Describe the Project Overview community benefits Resilient Threads: Voices of Santa Ana's Chinese Pioneers is an ambitious of this event oral history project that will be meticulously crafted by the The Wayward Artist's Co -Artistic Director, Michael Martinez Hamilton. This groundbreaking initiative aims to weave together the past, present, and future of Santa Ana's Chinese community through the powerful medium of storytelling. Collaboration with Chinatown Memorial Our project stands as a living companion to the Chinatown Memorial, a solemn reminder of the tragic burning of Santa Ana's original Chinatown in 1906. As we delve into the memories of our elders, we bridge the gap between past and present, ensuring that their voices resonate beyond mere historical markers. Live Performances: A Gift to the Community The culmination of Resilient Threads lies in live performances. Picture the theater bathed in warm light, the air thick with anticipation. Our Chinese elders, the very heart of this project, step onto the stage. Their voices resonate, their emotions palpable. They become the storytellers, the actors, and the bearers of history. And the best part? These performances are a gift to our community free and accessible to all. Promoting Community Health and Dignity Beyond entertainment, this project serves a higher purpose. It fosters community health by connecting generations, promoting empathy, and sparking dialogue. As we listen to these narratives, we build bridges -- bridges that span cultural divides, honor heritage, and uplift dignity. Santa Ana becomes more than a city; it transforms into a vibrant, compassionate home. The Wayward Artist: Our Artistic Home The Wayward Artist, nestled in the heart of Santa Ana, embraces this endeavor. We don't merely create art; we cultivate a sanctuary for expression, healing, and understanding. Our stage welcomes not only artists and theater enthusiasts but also every citizen seeking connection and enlightenment. Join Us on this Journey Resilient Threads: Voices of Santa Ana's Chinese Pioneers invites you to witness history unfold. Be part of an audience that listens, learns, and celebrates. Let these threads of resilience bind us together, reminding us that our shared stories shape our collective destiny. Experience Resilience. Celebrate Community, Amount Requested 9800.0 Proposed Use of • Marketing supplies: $200 Funds • Printing costs: $300 • Digital voice recorder: $200 • Props: $100 • Set design: $1,000 • Stipends for 6 oral history contributors ($500 each): $3, 000 • Playwright stipend: $2, 000 • Director stipend: $1,000 Stage manager stipend: $1,000 • Sound Technician: $500 Lighting Technician: $500 Total Budget: $9, 800 This budget includes funds for various aspects of the project, ensuring that the necessary resources are allocated for marketing, production elements, stipends for artists and contributors, and other essential expenses to bring Resilient Threads: Voices of Santa Ana's Chinese Pioneers to life. 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