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HomeMy WebLinkAboutSOUL ON FIRE DANCE, LLC. INSURMCE+OT RE001RED N-2026-101 WORK MAY PR(1 TED � CM CLERK DATF. - 1AM1A105 rumen e Cuz7 CITY OF SANTA ANA DONATION AGREEMENT 1. PAItTr�s AhTD DATE This Donation Agreement ("Agreement") is made and entered into this 9th day of April, 2026, 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 Soul on Fire Dance, LLC ("Recipient"). City and Recipient are sometimes individually referred to as "Party" and i collectively as "Parties" in this Agreement, 2. RFCITALS 2.1 Community Benefit. The City wishes to provide Recipient with funding to assist Recipient with "Santa Ana Pride" ("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 the LGBTQIA+ community's visibility, diversity, and inclusion through live entertainment, local LGBTQIA+ vendors, and art workshops. 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. j 3. TERMS AND CONDITION'S 3.1 Use of Funds. The City has chosen to provide Recipient with a one-time payment of Eight Thousand dollars ($8,000) for this event because the City has determined that there is a public purpose to be sewed 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 A eement. This Agreement shall take effect on the date first above written and remain in effect until completion of the Community Benefit as detailed in Exhibit A, or one year from the commencement date of this Agreement, whichever is earlier. The City has the right to terminate this Agreement upon one day's notice, with or without cause, in the City's sole discretion. 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 (W%) 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 Obli ations. 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 requirements and participant waiver/release protections. This right shall be on-going and may be CITY OF SANTA ANA i DONATION AGRCIJMI'aNT Page 2 of 4 i 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. i 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. The City reserves the right to request documentation and/or additional details from the Recipient demonstrating how sponsorship funds were used. j 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 E 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. fsignatures to fallow] I CITY OF SANTA ANA DONATION AGREEMENT Page 3 of 4 IN WITNESS WFJEREOF,the parties hereto have executed this Agreement on the day and year first above written, I ATTEST: CITY O SANTA ANA ENNIFE ALVARO NU1r1EZ City Clerk City Manager i APPROVED AS TO FORM: i SONIA R. CARVALHO ARTIST: City Attorney 13 . f I Andrea Garcia Name: Ginger Fatale Senior Assistant City Attorney Attn: Soul on Fire Dance,LLC Address: 622 N Main St City, CA Zip: Santa Ana, CA 92701 r RECOMMENDED FOR APPROVAL: L� I MICHAEL L. GARCIA Executive Director, Community Development Agency i i i f I i CITY OF SANTA ANA DONATION AGREEMENT Page 4of4 i I EXHIBIT A Request for Donation funds i i City of Santa Ana Powered by Subm!Uable Title 0012 03/10/2026 by Kristen Crowe in Arts & Culture - Special Event id. 53444619 Sponsorship Request Form (SESRF) -2025-2026 ginger@soulonfiredance.com I Original Submission 03/10/2026 I Score ri/a Name of Primary Ginger Contact Fatale Contact Title Founder Name of Entity Soul on Fire Dance, LLC-____._,.._.__..___,__�.._�.____..r_.____�-_.�._.--._--- _-_.-- (organization, business, neighborhood association) Check the box that For-profit Business (retail, gallery, restaurant, etc.) applies to your entity: Additional Applicant Brain & Body Music Studio Names (if applicable) Affirming OC Physical Address 622 N. Main St Santa Ana CA 92701 u5 33.7505204 -117.867656 Mailing Address 622 N. Main St Santa Ana CA 92701 us 33.7505204 -117.867656 Phone +16574849470 Email ginger@soulonfiredance.com Website https://soulonfiredance.com _ i Event Name/Title Santa Ana pride Event Date(s) Saturday, June 27, 2026 Is this event FREE Yes and OPEN to the public? -------------- Event Location(s) Calle Cuatro & Artists Village Letter/Email from Property Owner(for public art installations, murals, i 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 5000 attendance for your event Brief Description of A vibrant celebration of the LGBTQIA+ community that honors diversity, Project self love, and acceptance. We aim to embrace self expression through engaging creative avenues, live entertainment, local LGBTQIA+ vendors, and art workshops. Community building is at the forefront with participatory a actions and space to make connections. From drag performances to captivating original music, our goal is to celebrate individuality, authenticity, and create lasting memories in a warm, welcoming space. i i I i O i Describe the Hosting Pride at Calie Cuatro and the Artist Village in Santa Ana would be community benefits powerful for Soul on Fire Dance Studio, Brain & Body Music Studio, of this event Affirming OC and the greater community. Calle Guatro has always been a place where culture lives in the streets through music, food, art, and family gatherings. Bringing Pride into that space would honor that history while expanding it to include even more voices and identities. The Artist Village is already a hub for creativity and expression, and a celebration of diversity and inclusion belong there naturally. Prid represents courage, freedom, and authenticity, and connecting in that environment would allow art to connect people from different backgrounds in a shared celebration. Right now visibility matters. Across the country there is growing tension around LGBTQIA+ spaces and identity. Holding Pride in the heart of Santa Ana sends a message that everyone belongs in the center of the community, not on the margins. When LGBTQIA+ folks connect in a public space it creates a moment people can feel. Someone walking by might stop, feel inspired, and realize they are not alone. Santa Ana Pride at Calle Cuatro would celebrate culture, love, and identity together and remind people that community is strongest when everyone is seen and welcomed. Amount Requested 10000 Proposed Use of Event space permit: $300 Funds Sound/audio equipment rental: $2500 Performer payments: $2000 Staff payments: $2000 Security: $0500 Medical: $1500 Insurance/safety: $1000 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-sporisorship- progranY j 3