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HomeMy WebLinkAboutALVAREZ, KATHLEEN AMELIA INSURANCE NOT REQUIRED WORK MAY PROCEED CITY CLERK fl32-� SUN 1 7 2124 N-2024-204 CITY OF SANTA ANA O. CC D��Lp. DONATION AGREEMENT c.j Ue> 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 Ma, a charter city and municipal corporation organized and existing under the Constitution and the laws of the California ("City"), and Kathleen Amelia Alvarez ("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"PRIDE Celebration" ("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 celebrating and engaging the LGBTQ+ community during Pride Month through a free event that unites both the arts and healing communities. The event will include performers and artists providing entertainment and classes, mental and physical health providers for the LGBTQ+ community, and queer-owned businesses. 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 TWO THOUSAND, THREE HUNDRED, SEVENTY-FIVE DOLLARS ($2,375) 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. CITY OF SANTA ANA DONATION AGREEMENT Page 3 of 4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. ATTEST: CITY OF SAN A ANA 4 9ANTA V • / -�= `o I JENNWEE L. H Ll,_ ! C ALVARO NU EZ ity ie'rk `� Acting City Manager APPROVED AS TO FORM: SONIA R. CARVALHO ART ST: City Attorney By: V I dA-4- I,- P-11C (10 (_ 1: 1► Vaifi MOW Andr s4 arcia-Miller th een Amelia Alvarez Assistant City Attorney 1412 Post Road Fullerton, CA 92833 RECOMMENDED FOR APPROVAL: - 7/ 2 " IX r �� MICHAEL L. GAR IA Executive Director, Community Development Agency CITY OF SANTA ANA DONATION AGREEMENT Page 4 of 4 EXHIBIT A Request for Sponsorship Funds City of Santa Aria Powered by Submittable (� Title 0084 02/04/2024 by Kat Amelia in Arts & Culture - Special Event id. 45442974 Sponsorship Request Form (SESRF) - 2023 ladykatamelia@gmail.com Original Submission 02/04/2024 Score n/a Name of Primary Kat Contact Alvarez Contact Title Dance/Yoga Teacher Name of Entity SOF (organization, business, neighborhood association) Check the box that For-profit Business (retail, gallery, restaurant, etc.) applies to your entity: Individual/Community Group Additional Applicant Names (if applicable) Physical Address 622 N Main Santa Ana CA 92701 US Mailing Address 1412 Post RD Fullerton United States 92833 US Phone +17146860772 Email ladykatamelia@gmail.com Website Event Name/Title PRIDE Celebration Event Date(s) June 15 2024 Is this event FREE Yes and OPEN to the public? Event Location(s) DownTown Santa Ana (where the Art Walk is located by the Den) 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 4 the event be located (click on link below to find wards)? Number of expected Open to the public attendance for your event Brief Description of Santa Ma is a diverse community, and with OCPride no longer being held Project in our city, we want to celebrate the LGBTQ+ community during Pride month. Many Pride events are ticketed and cost money to attend - but we are committed to providing an event that is free to attend and all activities are financially feasible for all. We are in talks with vendors who are mental and physical health providers for the LGBTQ+ community, queer-owned businesses to sell their wares, and performers/artists to provide entertainment and classes free of charge. Describe the The LGBTQ+ community in Santa Ma deserves a free event to celebrate community benefits during Pride month. We are thrilled to be able to partner with local of this event businesses and organizations to provide an event to unite our artist and healing communities - and the greater one of the city. Every booth will be asked to provide some form of engagement for attendees that would be free or extremely low cost. We are in talks with artists to donate both performances and classes in their style (dance classes, music jam lessons, improv acting, etc). We aim to provide a meaningful experience that combines resources with fun and celebration through active engagement. Amount Requested 5000.0 • Proposed Use of The costs of the event are broken down below (a total of$14,000) - but we Funds are receiving financial backing and in-kind donations from 4 other organizations/businesses. We are asking the City of Santa Ma for $5,000 to help cover the remaining costs. $1000 - stage technicians $1500 - house band for performances and attendee activities $8000 - audio equipment rental $1000 - community instruments rental $1000 - stage manager/talent coordinators $1500 - choreography/rehearsal time - filming/hosting video on landing page for learning & sign ups and facilitation of flash mob **If the performers are unable to volunteer their time - they will also range from $300-$800 per act throughout the event (depending on number of people in the act). 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