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Home My WebLink AboutSANTA ANA UNIFIED SCHOOL DISTRICT (25) 'INSURANCE NOT REQUIRED N-2024-248 WORK MAY PROCEED CITY CLERK DATE: JUL 2 51Z% 0 A-(-0) CITY OF SANTA ANA (-CYar^\-Q') DONATION AGREEMENT 1. PARTIES AND DATE This Donation Agreement ("Agreement") is made and entered into this 1911' day of December, 2023, 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 Santa Ana Unified School District("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 "Boca de Oro" ("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 an annual arts and literary festival that celebrates creativity and cultural diversity in the City of Santa Ana. The event gathers a multitude of artists, writers, performers, and thinkers to showcase their talents through various mediums such as literature, visual arts, music, theater, and more. Furthermore, it serves as a platform for both established and emerging artists to share their work, engage with the public, and create an inclusive space for community engagement, spark meaningful conversations, and highlight the rich artistic wealth of the city. The festival will also have a huge economic impact by increasing foot traffic to local 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 FOUR THOUSAND DOLLARS ($4,000) 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 often 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 equityito property or persons, including wrongfufdeathrin-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 AgrPitmenl,-Inaurifng 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 \1111. ALLr. ..ors. • a-H ENNIFER', . HA L LVARO NUNS City Clerks Acting City Manager APPROVED AS TO FORM: SONIA R. CARVALHO ARTIST: City Attorney &/ - Y B : 4 (, [,ti - 2/29/24 Andrea Garcia-Mtltti Michael Esparza Assistant City Attorney Director of Purchasing & Stores Santa Ana Unified School District 1601 E. Chestnut Street Santa Ana, CA 92701 RECOMMENDED FOR APPROVAL: K, v 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 SubmIltable V Title 0052 11/27/2023 by Sofia Cuevas In Arts & Culture -Special Event Id. 44798120 Sponsorship Request Form (SESRF)-2023 sofia.cuevas@sausd.us Original Submission • 11/28/2023 Name of Primary Sofia __m__..,._ _,_._.___._.,._.,.._.._. ......,_. .,,W._........_......�..�._.,_M_.. Contact Cuevas Contact Title Curriculum Specialist for the Ms Name of Entity Boca de Oro (organization, business, neighborhood association). Check the box that Individual/Community Group applies to your entity: Additional Applicant Lindsey Barfield- program specialist Names (if applicable) Physical Address 1601 East Chestnut Ave. Santa Ma, CA 92701 Santa Ma California 92701 Us Mailing Address 1601 East Chestnut Ave. Santa Ma United States 92701 US Phone_...._....__._...__._____-}17145585501 .__..._.._.......-.. Email __ .._. .._ . sofia.cuevas@sausd.us Website https://www.bocadesro.org/ ,.__ . .. .. ._._. _ Event Name/Title Boca de Oro Event Date(s) .�.�.. March 2, 2024 _....,._�_,._.__._.�._..._...............�.__..._�__._.___.._.. _._ Is this event FREE Yes and OPEN to the public? Event Location(s) Yost Parking Lot, Plaza Calle Cuatro, Frida Cinema, Second Street Promenade What city ward(s)will Ward 5 _,_,_,__._.,........._.,_._..�..._.__.._...__._.__._.____..._.._.......____..._..._....,. the event be located Ward 6 (click on link below to find wards)? .. — Number of expected 7,500 attendance for your event Brief Description of Boca de Oro is an annual arts and literary festival that celebrates creativity Project and cultural diversity In the city of Santa Ma. It's a vibrant gathering that brings together a multitude of artists, writers, performers, and thinkers to • showcase their talents through various mediums such as literature, visual arts, music, theater, and more. The festival alms to foster community engagement, spark meaningful conversations, and highlight the rich artistic - wealtI—S'antr na;Book st rveras a platform for both established end—_-.y.~ emerging artists to share their work, engage with the public, and create an Inclusive.space..where_creativlty_thrives. . Describe the Boca de Oro, Santa Ana's annual arts and literary festival, offers numerous community benefits community benefits. Families engage In arts and literature together, of this event fostering connections and creativity in children. Local businesses thrive as the festival attracts diverse crowds, boosting foot traffic and encouraging collaborations. Students gain valuable educational experiences through workshops and performances, potentially shaping future career paths. Mists find a platform to showcase their work, network, and gain recognition, fostering a thriving local artistic community. Beyond individual advantages, Boca de Oro enriches the city's cultural fabric, instilling civic pride and strengthening community bonds. By championing literacy and the arts, the festival enhances Santa Ma's reputation as a vibrant, culturally diverse hub, contributing to its economic vitality and nurturing a collective appreciation for creativity and expression. Amount Requested 5000.0 Proposed Use of -._1. Stage Rentals.. ,.. Funds - Supply Type: Stage rental Amount: $1,500 -Vendor Type: Local event equipment rental companies (All Stage Pros) 2. City Permit Costs - Supply Type: Event permits and licenses -Amount: $3,500 -Vendor Type: City of Santa Ana, specifically the City Permits and Licensing Department 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/cdlarts- culture•office/s pecia l- event-sponsorship- policy