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HomeMy WebLinkAboutSHOWTIME BALLET COMPANY PSURM'CE .NOT PkEWL11RED WORK NM MOCCf E1) N-2®26-119 I CITY CLERLK DATE: JUG! 0 �ZOZ6 co�c } CITY OF SANTA ANA DONATION AGREEMENT t. PARTIES AND DATE This Donation Agreement ("Agreement") is made and entered into this 19t" 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 Showtime Ballet Company ("Recipient"). City and Recipient are sometimes individually referred to as "Party" and collectively as"Parties"in this Agreement. 2. RE,CITALS 2.1 Community Benefit. The City wishes to provide Recipient with funding to assist Recipient with "An Orange County Nutcracker" ("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 a culturally inclusive dance production that reim,agines The Nutcracker through Ballet Folklorico, Chinese dance, and belly dance, creating accessible opportunities for families to see their identities reflected onstage while strengthening community pride, artistic collaboration, and Santa Ana's cultural diversity. 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 Six Thousand, Eight Hundred, Thirty-Three Dollars ($6,833) 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 until completion of the Community Benefit as detailed in Exhibit A, r_one year from the commencement date.of.this.Agreement,..w-hichover_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 (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 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 ongoing 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.Ci. 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. 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 docree 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 Partim with respect to the subject matter hereof, and supersedes all-..prier fiagotiatinns, 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 Patty warrants that the I CITY OF SANTA Am DONATION AGRERME,NT Page 3 of 5 individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement hind each respective Party. [signatures to follow] i I s CITY OF SANTA ANA DONATION AGREEMENT Page 4 of 5 IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the day and year first above written. ATTEST: CITY O ANTA ANA IF L ' „ ALVARO NUNEZ City CIO City Manager APPROVED AS TO FORM: SONIA R. CARVALHO ARTIST: City Attorney By; Andrea Garcia Name: Sarah stop Senior Assistant City Attorney Attn: Showtime Ballet Company Address:308 W Third St City, CA Zip: Santa Ana, CA 92701 RECOMMENDED FOR APPROVAL: MICHAEL L. GARCIA Executive Director, Community Development Agency CITY OF, SANTA ANA DONATION AmFmc ANT Page 5 of 5 EXHIBIT A Request for Donation Funds i i A i i E City of Manta ulna lowered by Submlttable Title 0028 04/04/2026 by Sarah Johnston in arks & Culture -Special id. 53750811 Event Sponsorship Request Form (SESRF) - 20252020 SHOWTIMESARAH@YAHOO.COM Original Submission 04/04/2026 Score r°f Name of Primary Sarah Contact Johnston Contact Title President/Artistic Director f Name of Entity Showtime Contemporary Ballet (organiration, business, neighborhood association) Check the box that Nonprofit 601(c)(3) applies to your entity: Additional Applicant Names (if applicable) Physical Address 308 W 3rd St Santa Ana CA 92701 us i . 33.747022 -117.870117 Mailing Address 308 W 3rd St Santa Ana GA _ _.._.._. 92701 us 33.747022 3 -117-870117 i Phone +17143638943 Email showtimesarah@yahoo.com Website www.showdmedance.academy/showtime-ballet-company Event Name/Title An Orange County Nutcracker Event Date(s) 12/5/26, 12/30/26 Is this event FREE Yes and OPEN to the public? Event Location(s) First Saturday Art Walk (stage TBD), Segerstrom High School Letter/Email from Property Owner (for public art installations, murals, use of city parks, use of spaces for workshops, etc.) Nutcracker at_1st_Saturday_Art_Walk,pdf What city ward(s) will Ward 5 the event be located Ward 6 (click on link below to Ward 4 find wards)? Number of expected 200 attendance for your event Brief Description of "An Orange County Nutcracker" is a collaborative dance production that Project tells a uniquely Santa Ana story by centering the cultural traditions and lived experiences of our community. Instead of relying on traditional ballet stereotypes, the performance brings together local artists to share authentic dance forms--including Ballet Folklarico, Chinese dance, and bellydance—reflecting the diversity of our city. By partnering with other local dance companies and offering free performances, we create space for families to see their identities represented onstage. This project transforms individual cultural expressions into a shared narrative that fosters connection, belonging, and pride across Santa Ana's diverse communities. Describe the This project enriches the quality of life for Santa Ana residents by making community benefits ballet more accessible, representative, and connected to the community's of this event lived experiences. Recently, Timoth6e Chalamet commented publicly that ballet can feel like a "dying art form." Productions like *An Orange County Nutcracker* respond to that concern by relmagining what ballet can be when it reflects the people who live here. By collaborating wlth local dance companies and presenting culturally authentic performances alongside ballet, the production allows famines to see their traditions and identities represented onstage. This fosters pride, belonging, and cultural understanding across Santa Ana's diverse communities. The project also improves quality of life by offering accessible arts experiences, Including a free community performance at the First Saturday Art Walk. The performance at Segerstrom will offer reserved free tickets for Big Brothers Big Sisters and Orangewood foster families, and opportunities for children in the audience to meet dancers after performances. For many young people, this may be their first experience attending live performing arts. Beyond the performances themselves, the project strengthens connections between local artists, families, and neighborhood organizations. It brings residents together in shared celebration, supports working artists, and contributes to Santa Ana's identity as a vibrant cultural city where creativity reflects and uplifts the community. Amount Requested 10000 f i Proposed Use of Grant funds will be used to strengthen both the artistic quality and Funds community accessibility of An Orange County Nutcracker, A priority is providing fair compensation for the artists who make the production possible. Funds will support hourly wades for dancers and costumers, as well as hiring a professional technical crew to ensure safe, high-quality lighting, sound, and stage management.'The grant will also provide a stipend for the Artistic Director, supporting the extensive planning, r choreography, and coordination required to produce this collaborative performance. Equally important is maintaining access for the community.A portion of the funds will allow us to offer free tickets to youth served by Big Brothers Big Sisters and for foster families in our community, ensuring that children who may not otherwise attend a ballet performance have the opportunity to experience live arts and see themselves reflected onstage, Together, these uses of funds support a sustainable production model that values artists, maintains professional standards, and keeps the performance accessible to the Santa Ana community. Expenses, based on previous years' budgets: Guest Artists $500 Showtlme Contemporary Ballet Dancers $5000 Artistic Director($20/hr x 20hours/week x 16 weeks) $6400 (actual hours worked on this project is closer to 30/week) ; Costumers $1800 Tech Crew$760 Costumes $987 Laundry $75 Rent-Showtime Dance Academy (4. months @$125) $500 Props $444 Marketing$500 Theatre/Equipment Rental $51 S5 Backdrop Rental $1610 TOIX $23751 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-sponsorship- progran-V i