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Home My WebLink AboutIRIARTE, PEGGY A. (2) INSURANCE NOT REQUIRED WORK MAY PROCEED CITY CLERK N-2024-199 DATE: (o l 12`i �c��rlD`} JUN 1 72�2� CITY OF SANTA ANA DONATION AGREEMENT l'e I 1 PARTIES AND DATE This Donation Agreement ("Agreement") is made and entered into this 30th day of May, 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 Peggy A. Iriarte ("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 "The Birds Diversity Community Mural Restoration" ("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 engaging the surrounding community in the restoration of a local mural to its original design as well as coating it with an anti-graffiti sealant for easy removal of possible future tagging. 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 ONE THOUSAND, THREE HUNDRED, SIXTY-FOUR DOLLARS, AND SEVENTY-FIVE CENTS ($1,364.75) 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. 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 CITY OF SANTA ANA DONATION AGREEMENT Page 2 of 4 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 individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement bind each respective Party. C11 V OF SAN1 A ANA DONATION AGREEMENT Page 3 of 4 IN WITNESS WHEREOF. the parties hereto have executed this Agreement oii the day and year first above written. ATTEST: CITY OF ANTA A SAN t' 0. NIFE`r H LL ALVARO NUNS Cit Acting City Manager APPROVED AS TO FORM: SONIA R. CARVALHO ARTIST: City Attorney• 7:1.4om r, it•- Andrea r eaGarcia-Miller PEG . I I E An Assistant City Attorney 26480 Caile Rolando San Juan Capistrano, CA 92675 RECOMMENDED FOR APPROVAL: /1/t"1"144-r MICHAEL 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 Powered by Submittable D Title 0096 03/12/2024 by Peggy iriarte in Arts & Culture - Special Event id. 45866098 Sponsorship Request Form (SESRF) -2023 bol2rican@sbcglobalmet Original Submission 03/12/2024 Score n/a Name of Primary Peggy Contact Iriarte Contact Title Artist Name of Entity Peggy Iriarte (organization, business, neighborhood association) Check the box that Individual/Community Group applies to your entity: Additional Applicant Names (if applicable) Physical Address 26480 Calle Rolando San Juan Capistrano California 92675 US 33.49078 -117.66947 Mailing Address 26480 Calle Rolando San Juan Capistrano California 92675 US 33.49078 -117.66947 Phone +19493500386 Email bol2rican@sbcglobal.net Website Event Name/Title The Birds Diversity Community Mural Restoration Event Date(s) May 11,18,25 June 1,8,15,22 Is this event FREE Yes and OPEN to the public? Event Location(s) Callejon del Beso Alley on 4th/Main behind 318 Bush st Santa Ma Letter/Email from Property Owner (for public art installations, murals, use of city parks, use of spaces for workshops, etc.) IMG_5259.jpeg IMG_5260.jpeg IMG_5261.jpeg IMG_5226.jpeg IMG_5284.jpeg What city ward(s) will Ward 6 the event be located (click on link below to find wards)? Number of expected 25+ attendance for your event Brief Description of We will restore The Bird Diversity Mural at Callejon Del Beso Alley. We will Project repaint with quality acrylic paint and restore to original design. We will complete the mural with anti-graffiti sealant for easy removal of possible future tagging. Describe the The benefits to our community are priceless:) Painting with community is community benefits healing! The community will benefit with this restoration by having pride of of this event being part of their city's history. Restoring what became an eyesore back to it's original beautiful design. Amount Requested 10000.0 Proposed Use of Insurance $2,500 Funds Supplies/equipment $2,500 Artist instructor $2,500 Artist instructor/Assistant $2,000 Storage of supplies/equipment $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/special- event-sponsorship- program/