HomeMy WebLinkAboutFRIDA CINEMA, THE (8) INSURANCE NOT REQUIRED
WORK MAY PROCI±Ell N-2026-'L 06
CITY CLERK(
DATE. MAY 15 2026
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CITY OF SANTA ANA
DONATION AGREEMENT
1. PARTIES AND DATE
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This Donation Agreement ("Agreement") is made and entered into this 19th 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 The I<rida Cinema
{"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 "ABC: Art House Family Favorites" ("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 Pur ose. The City believes there is a public purpose in providing free, �
accessible art house film screenings at The Frida Cinema that expands youth exposure to global
cinema, supports family and comimmity engagement during summer break, and strengthens Santa
Ana's cultural economy while promoting downtown activity and arts education through inclusive,
multilingual film programming. 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
Eight Thousand, Three Hundred, Thirty-Three Dollars ($8,333) 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 fiends 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 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 fiends 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 A c-it imMENT
Page 2 of 5
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
requirements 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 A No Oversight by City. Nothing in this Agreement shall be implied or interpreted as j
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 hour sponsorship fivads were used.
3.5 Indemnification, Recipient understands, aolmowledges 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 E
officials, officers, employers, agents or volunteers. The indemnification provisions of this �
Agreement shall survive any expiration or termination of this Agreement.
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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, j
--iiht1erstandings or agreerrients. The terms and conditions of this Agreemdfifi ay bealtefed,modified
or amended only by written agreement signed by both Parties. j
3.7 Auhhoi7ty to Enter A reg ement. 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
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CITY Oi SANTA ANA
DONATION AGI EEIVIENT
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individuals who have signed this Agreement have the legal power, right, and authority to make this
Agreement bind each respective Party.
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["signafilres to follow]
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CITY OF SANTA ANA
DONATION AGREu,MENT -
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IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the day and
year first above written.
ATTEST: CITY OF ANTA ANA
ZW
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ER P •� LVARO NUNEZ
City Clerk City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO ARTIST:
City Attorney
J BY: ad" V
u
Andrea Garcia Nana _ Logan Crow
Senior Assistant City Attorney
Attn: The Frida Cinema
Address: 305 E Fourth St Suite 100
City, CA Zip: Santa Ana, CA 92701
RECOMMENDED FOR APPROVAL:
MICHAEL L. GARCIA
Executive Director, Community Development Agency
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CITY OF, SANTA ANA
DONATION AGRE)GI ME,N`I'
Page 5 of 5
EXHIBIT A
Request for Donation Funds
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City at Santa Ana Powered by Subni t le
_.._...............�_..................... ,--..._........._.. ._.. ... _..,.... .. _. . _
r
Title 0014 03/20/2026
by Porter Gilberg in Arts Culture -Special Event Id, 53582351
Sponsorship Request Form (SESRF) -2025.2026
305 EfaM 4th Street
Suite 100
Santa Ana, California
92701
CA
United States
(714)285-9422
porter@thefddacinema.org }
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Original Submission 03/2012026
Score nla
Name of Primary Porter
Contact Gilberg
Contact Title Director of Development
Name of Entity The 1=rida Cinema _. .. _..___..-.._. .
(organization,
business,
neighborhood
association)
Check the box that Nonprofit 501(c)(3)
applies to your entity:
Additional Applicant �--.--..-.__.._...._._....._..�..
Names (if applicable)
Physical Address 305 East 4th Street, Suite 100 -
Santa Ana
CA
92701
us
33,7482378
-117.8654091
Mailing Address 305 East 4th Street, Suite 100
Santa Ana
CA
92701
us
33.7482378
-117.8654091
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Phone +19515330048
Email porter@thefridacinema.org
Website www.thetridecinema.org
Event Name[Title ABC
Event Date(s) 613/26, 6/10/26, 6/17/26, 6/24/26, 7/1/26, 7/8/26, 7/15/26, 7122/26,
7/29/26, 815/26, 8/12126, 8/19/26
Is this event FREE Yes
and OPEN to the
Public?
Event Location(s) The Frida Cinema 305 E. 4th Street, Suite 100 Santa Ana, CA 92701
Lotter/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 6
the event be located
(click on link below to
find wards)?
Number of expected 1200
attendance for your
event
Brief Description of The Frida Cinema will host a free weekly matinee film series "Art House
Project Family Favorites." This film series, scheduled to coincide with summer
break and modified days for Santa Area Unified School District students,
provides opportunities for local Youth and their families to watch acclaimed,
age-appropriate Independent and international filrns to increase
appreciation for quality cinema arts. In total, The Frida will screen 12
different films to provide opportunities for youth and their families to
participate in an accessible and free,arts experience and increase quality
of life through arts and culture for the Santa Ana community,
.......... .__.____......._._._. -1. 1
.-Describe This film series supports numerous cornMunity benefits in alignment with
community benefits the City of Santa Ana's Arts &Culture - Special Event sponsorships and
of this event the City's mission. To increase access to quality arts and culture
experiences in Santa Ana, The Frida Cinerna (The Frida) is offering this
series free to all attendees on Wednesday afternoons, similar to how many
MUSOLIM offer free admission days. Screenings will take place at 1 1:30am
June through August in order to provide opportunities for youth and their
families to engage in a high-quality aerated arts experience while out of
school, or in the case of the last two screenings, on modified school days
where school gets out early.
Screenings also support youth and family social development as children
learn valuable public social skills by participating in communal film watching
in a professional cinema, while strengthening bonds with their families by
participating in an experience together. By screening international films,
The Frida also increases exposure-to different cultures and lived
experiences for participants, broadening their horizons through exposure to
movies filmed and taking place across the world. As an additional
educational component, each film will include a personalized staff
introduction prior to each screening which will also highlight the history of
global art house clnema and key concepts In each film and the series.
To facilitate access to film for people of all ages, The Frida will screen a
combination of domestic and international film featuring different
languages, including films recognized for their exceptional storytelling
utilizing English dubbing. All non-English films will utilize subtitles, with the
series emphasizing film in English and Spanish to reach the broadest
possible demographics in Santa Ana. To Further increase accessibility for
those with sight and hearing limitations, The Frida always has personal
assisted listening devices and screen readers available for guests.
These screenings also strongly align with the City of Santa Ana's mission
"To deliver efficient public services in partnership with our community which
ensures public safety, a prosperous economic environment, opportunities
for our youth, and a high quality of life for residents."
Screenings promote- public safety by increasing foot traffic in downtown
Santa Ana during what is normally a relatively quiet time of day for the
area, increasing the number of eyes and ears in the neighborhood. This
increased foot traffic further supports a prosperous economic environment ;
in downtown on early weekday afternoons, bringing 50-100 people to the
street each screening, with many attendees also visiting area businesses
before and after screenings. Additionally, all poster printing is ordered
through a Santa Ana-based printing company. The series also provides
new opportunities for youth to engage w€th arts in Santa Ana and promotes
a high quality of life for residents through entertaining and accessible arts
experiences.
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To ensure The Frida provides an excellent level of community benefit {
through this series, the organization will leverage its marketing team to
engage in a broad outreach and marketing campaign. All marketing
materials are always designed in-house by The Frida's team of graphic
designers and video editors who also oversee all print and digital marketing
-- - -- efforts. For this series, The Frida will conduct-extensive-outreach on social i
media (200k+following and 1 mil.- engagement per month),website,
newsletter, print marketing (posters/flyers distributed on-site and throughout
the community), and through a custom series trailer that will screen before
all films at The Frida.
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The Frida will also leverage its existing partnership with the Santa Ana
Unified School District (SAUSD), specifically District administration and
Santa Ana High School's Saintly Films Production Pathway, to promote the I
series directly to the student population. While The Frida will conduct
outreach to SAUSD specifically, outreach to the larger Santa Ana
community will take place using existing channels to ensure broad ,
awareness of the series in the general public. The Frida anticipates (-
engaging 60-100 youth and families per screening with a total of at least
1,000 total attendees across the full series,
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Amount Requested 9595
Proposed Use of Film Licensing& Shipping (12 films) -$6,000
Funds Staffing (4 staff) -$2,073
Sox Office Manager/Program Staffing- $1,268 (48 hours)
Director of Programs/Project Manager-$346 (8 hours)
Director of Marketing- $3.25 (8 hours)
Director of Membership& Exhibition Operations - $134 (4 hours)
Use of Space & Utilities-$772
__...._......�..________.._.-.. .•.,..,�Print Marketing (posters/flyers)$750
By submitting this I agree
application, I have
read and agree to be
bound by the terms
and conditions of the '
Sponsorship Palley
found on the website:
h-ttps://www.santa-
ana.org/special-
event-sponsorship-
program/
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