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HomeMy WebLinkAboutVARGAS ARTE lf�;S-UWCE�N0 RE0.111PED N-2026-174 W 0 R I< MRi PR0!-LLD t"1 �LCRIi G,4TE: )U L 1 0 2026 0..c p 1k(a) CITY OF SANTA ANA r T. DONATION AGREEMENT 1, PARTFES AND DATE 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 Vargas Arte ("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"Cruising Canvas: The Artistry of Lowriding" ("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 providing free arts programming and workshops that celebrate Lowrider culture, creating opportunities for community engagement and cultural education, and supporting local artists, small businesses, and Santa Ana's creative economy. 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. TERivis AND CONDITIONS 3.1 Use of Funds. The City has chosen to provide Recipient with a one-time payment of Five Thousand,Eight Hundred,Thirty-Three dollars($5,833)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. 4 I 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 termnate 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. I f i CITY OF SANTA A.NA DONAMN AGR_u,EMRNT Page 2 of 5 t 3.3 Waivers Insurance or Other Obligati 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 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. 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 tmd 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; willfitl 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 anal 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 Pasties 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 b6half 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 I Crry or SANTA A.NA DONATION AGRrmmuiNT Wage 3 of 5 individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement bind each respective Party, [signatures to follow] i I I i CITY OF SANTA ANA DONATION AGREEMENT Page d of 5 IN WITNESS WHEREOF,tlxe parties hereto have executed this Agreement on the day and year first above written. ATTEST; CITY PF SANT ANA IF HAL ` ALVARO NUNEZ City Cl City Manager APPROVED AS TO FORM; SOMA R. CARVALHO ARTIST; City Attorney By. u e` Andrea Garcia Name:Valerie Vargas dba V as Arte Senior Assistant City Attorney Attn. Valerie Vargas Address. 9632 Bert St i City, CA Zip:Pico Rivera,CA 90660 f f i RECOMMENDED FOR APPROVAL: Atli�11X MICHAEL L. GARCIA Executive Director, Community Development Agency i CITY OF SANTA ANA DONATION AGn,EMENT Page 5 of 5 Request for Donation Funds i } F City of Santa Ana Powered by SubmMablo Title 0030 04106/2026 by Valerie Vargas in Arts & Culture -Special Event id. 53760264. Sponsorship Request Form (SESRF) -2025-2026 volorievargasarte@gmaii.com Original Subinnission 04/0612026 Score Name of Primary Valerie Contact Vargas Contact Title Curator& Lowrider Muralist Name of Entity Valerie Vargas (organization, business, neighborhood association) Check the box that Individual/Community Group applies to your entity: Additional Applicant Maims (if applicable) Physical Address 9632 Bart Street Pico Rivera CA 90660 us 33,9677829 -118,0916326 Mailing Address 9632 Bert Street Pico Rivera GA 90660 us 33,9677829 -118.0916326 Phone +16624456357 Emall valerievargasarte@gmall.com Website https.1/�vww.instagram.comlvargas.arte Event Name/Title Cruising Canvas; The Artistry of Lowriding Event Date(s) November 1, 2026 - November 30, 2026 Is this event FREE Yes and OPEN to the public? Event Location(s) 117 North Sycamore Street, Santa Ana, CA 92701 Letter/Email from Property Owner (for public art installations, murals, use of city parks, use of spaces for workshops, etc.) +OCCCA_Letter of Support.pdf Cruising_Canvas_Curatorial Proposal_for OCCCA.pdf What city ward(s) will Ward 5 the event be located (click on link below to Find wards)? Number of expected 3000 attendance for your event Brief Description of Cruising Canvas is a monthlong exhibition celebrating the evolution of Project Lowrider culture as fine art, centering diverse narratives, styles, and craftsmanship. Featuring over 40 emerging and established artists, the exhibit highlights a range of work across mediums, reflecting each artist's individuality and creativity. By bringing these voices into a gallery setting, Cruising Canvas advocates for greater recognition of Lowrider art within contemporary spaces. Through artist engagement, live demonstrations, and free workshops, the community is invited to connect more deeply with the work, inspiring and educating audiences and the next generation of artists. Describe the Cruising Canvas is a can't-miss, highly anticipated exhibit that invites the community benefits community to explore Lowrider culture as-fine art. Visitors can meet the of this event artists, hear their stories, ask questions, and watch live airbrush demonstrations, Throughout the month, free hands-on workshops give people a chance to create, learn new skills, and see how art can open doors to creative careers and inspire future artists and educators. i The closing reception is a celebration for the whole community, and attendees will receive a professionally produced magazine (free) that captures the artists' stories and the movement of Lowrider art. The I magazine also provides potential opportunities to collaborate with local businesses, featuring them in the publication and connecting them to the vibrant Lowrider community. By bringing visitors downtown, Cruising Canvas supports local businesses, strengthens the creative economy, and gives artists a chance to showcase and sell their work. Open to all, the exhibit encourages the community to engage with the arts, celebrate cultural heritage, and experience Santa Ana as a hub for creativity and connection. — ------ Amount Requested 10000 i s i Proposed Use of • Curator- $1,000: Funds Oversees the entire project, including selecting and installing works, coordinating panels, workshops, and entertainment, producing the magazine, managing documentation, social media, and PR, securing sponsorships, coordinating contracts with all 40 artists, handling gallery logistics, permits, insurance, city approvals, and promotional efforts, • Co-curator- $700: Supports the curator with logistics, PR, scheduling, and artist coordination. •Workshop honorarium---$1,000: Compensates two to five participating artists leading a hands-on workshop, recogniAng their time, skill, and preparation. •Airbrush demo honorarium--$300: Recognizes the expertise of the demonstrator and engages attendees with live art. • Workshop supplies-$950: Covers necessary tools, automotive paint, supplies, and materials for workshops and demos. Costs will likely be matched (possibly exceeded) through sponsorships, ensuring a high-quality experience for participants without exceeding budget. •Art Insurance - $2,000: Covers a fine art policy for up to $200,000, protecting the artwork against damage, theft, or loss during the exhibit. •Magazine production-$2,000: Funds printing and of a magazine to document the exhibit, preserve the stories and evolution of Lowrlder art for archival purposes, and reach a i a broader audience. • Parking permit--$100: 3 Covers street parking permits for Lowrider vehicles during the opening and closing events, ensuring safe and organized display of the cars. • Entertainrmnt---$600: Provides an engaging experience for attendees during the opening and closing receptions, including music or other programs. i • Photography & videography--$1,000: Documents the event for promotional purposes, archival records, social media outreach, and grant reporting. • Liability insurance_ $100: Covers potential accidents or incidents during the event. • Contingency--$250: Reserved for unexpected expenses to ensure the project can proceed smoothly without compromising quality, , By submitting this i agree application, I have read and agree to be bound by the terms and condition; of the Sponsorship Policy found on the websfte; https://www.santa- ana.org/special- event-sponsorship- prograrro i I i i