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Home My WebLink AboutNAVARRO, DIANE INSURANCE NOT REQUIRED WORK MAY PROCEED N-2024-205 CITY CLERK DATE: (.o ('31 2`1 JUN 1 8 2011► CITY OF SANTA ANA 0•. CCD r )C,O DONATION AGREEMENT �T. r i. 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 Diane Navarro ("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 `Barrio Banners: Revitalizing Santa Ma's Streets" ("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 community- driven art workshops for Santa Ana residents to participate in creating durable signs for local street vendors. The collaborative efforts will beautify the city as well as boost economic growth. The event showcases the diversity in the city as well as highlights a significant population. 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, NINE HUNDRED, NINETY-SEVEN DOLLARS, AND SEVENTY-FIVE CENTS ($1,997.75) 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. 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 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 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. ATTEST: CITY OF SANTA ANA 11 _ /. 11.• NNIF L. LL ALVARO NUNEZ Cit Acting City Manager sae 6,fitt (24Z`� APPROVED AS TO FORM: SONIA R. CARVALHO ARTIST: City Attorney By: Gt-c4.. Andrea arcia-Mill DIANE NAVARRO Assistant City Attorney 9114 Bright Avenue Whittier, CA 90602 RECOMMENDED FOR APPROVAL: 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 [) Title 0093 03/03/2024 by Diane Navarro in Arts & Culture - Special Event id. 45773028 Sponsorship Request Form (SESRF) - 2023 hoolpa@yahooxom Original Submission 03/03/2024 Score n/a Name of Primary Diane Contact Navarro Contact Title Artist / Educator Name of Entity Santa Ma Lifelong-Learning Trust (SALT) (organization, business, neighborhood association) Check the box that Individual/Community Group applies to your entity: Nonprofit 501(c)(3) Additional Applicant Names (if applicable) Physical Address 9114 Bright Ave Whittier CA 90602 US 33.95664 -118.04474 Mailing Address 9114 Bright Ave Whittier CA 90602 US 33.95664 -118.04474 Phone +17148051952 Email santaanasalt@gmail.com Website Event Name/Title Barrio Banners: Revilaizing Santa Ana's Streets Event Date(s) April 27, May 25th, and June 29th Is this event FREE Yes and OPEN to the public? Event Location(s) Jerome Park Recreational Center, 2115 W McFadden Ave, Santa Ana, CA 92704. 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 2 the event be located (click on link below to find wards)? Number of expected 600 attendance for your event Brief Description of Barrio Banners are community-driven art workshops in Santa Ana, where Project residents come together to craft stunning and resilient signs for local street vendors. Through vibrant paint and creative expression, participants transform lightweight yet durable wooden boards into eye-catching banners that adorn the streets year-round. This collaborative effort not only adds color to our city but also aims to expand the clientele of entrepreneurs, boosting economic growth in our vibrant community. Help us paint a brighter future for Santa Ma's streets and businesses. This will take place the last Saturday of April, May and, June. Describe the This event will bring significant benefits to the community: community benefits 1. Economic Growth: helps attract more customers and expand the of this event clientele of local entrepreneurs. This boosts the economic activity in Santa Ana, contributing to the financial well-being of local residents. 2. Community Engagement: "Barrio Banners" encourages community members to come together, share ideas, and work collaboratively towards a common goal. This will also beautify neighborhoods and support local businesses. 3. Skill Development: allows for learning of various skills and techniques through hands-on participation in the sign making process. 4. Beautification: The colorful and vibrant signs created during the event add visual appeal to Santa Ma's streetscape, enhancing the overall aesthetics of the community and creating a more inviting environment for residents and visitors alike. 5. Sustainability; By using durable materials and creating signs that can withstand various weather conditions, "Barrio Banners" contributes to the long-term sustainability of street vendor business, ensuring their success year after year. Overall, "Barrio Banners" serves as a catalyst for positive change in the Santa Ana community, promoting economic vitality, community engagement, artistic expression, environmental sustainability, and supports small businesses and their ability to thrive. Amount Requested 8900.0 Proposed Use of Budget Outline: Funds A Personnel Costs: 1. Lead Staff Member- $50/hr x 48 hours = $2,400 (includes: preparation, purchasing, planning, set up, event staffing, break down, photography, and documenting data) 2. Support Staff Member - $50/hr x 18 hours = $900 (includes: set up, event staffing, and break down) Total Staff Costs for all 3 events; $2,400 + $900 = $3,300 B. Workshop Materials and Supplies: 1. Art Supplies (wooden boards, paint, brushes, etc) - Estimated cost per participant: $6 x 600 participants = $3,600 Total workshop materials and supplies cost for all 3 events; $3,600 C. Venue Costs; 1. Rental Fees: - Estimated cost $750 daily rental of Teen Space + 1 City staff member (required): $750 x 3 = $2250 2. Miscellaneous Venue costs (insurance) - Estimated cost $1000 Total venue and insurance costs for all 4 events, $2250 + $1000 = $3250 Total cost and expenses for program: $ $3,300+$3,600+$3250=$10,150 total 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,orgispecial- event-sponsorship- program/