HomeMy WebLinkAboutMAKARA CENTER OF THE ARTS - 2017(My2 1 �gI► N -2017-248-N
CITY OF SANTA ANA
O: CMO ( ) DONATION AGREEMENT WITH
Julie Castro -Cardenas MAKARA CENTER FOR THE ARTS
1. PARTIES AND DATE
This Donation Agreement ("Agreement") is entered into on NOVEMBER 7, 2017 by and
between the City of Santa Ana, a municipal corporation ("City") and MAKARA CENTER FOR
THE ARTS, a California 501(c)(3) NON-PROFIT ORGANIZATION ("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 in PROVIDING A TEN MONTH CITYWIDE READING INITIATIVE TO
CELEBRATE THE 200TH ANNIVERSARY OF FRANKENSTEIN BEGINNING JANUARY
2018 AND WILL HOST FREE MONTHLY STEAM EVENTS FOR SANTA ANA
RESIDENTS ("Community Benefit"). The Parties wish to enter into this Agreement to establish the
terns and conditions under which the City will provide funding.
2.2 Public Purpose. The City, by recommendation of COUNCILMEMBER
VILLEGAS, believes there is a public purpose in supporting the Community Benefit because it
WILL PROVIDE FREE COPIES OF THE NOVEL, ENGAGE YOUTH IN LITERACY IN
ENGLISH, SPANISH, AND VIETNAMESE, THE OBJECTIVE OF THE INITIATIVE IS TO
ENGAGE YOUTH WITH ART, SCIENCE, TECHNOLOGY, AND ETHICS. 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
SEVEN HUNDRED FIFTY DOLLARS ($750), 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 fiords only for the purpose described and subject to
the terns 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 through Recipient's full expenditure of the funds. 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 of ten percent (10%)
per annum. Notwithstanding the foregoing, the indemnification provisions of this Agreement shall
survive any expiration or termination of this Agreement.
Exhibit 29
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 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
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.
Exhibit 29
N -2017-248-N
CITY OF SANTA ANA
r
By: �— L
Raul Godinez
City Manager
Attest.
By:
Maria D. Huizar
Clerk of the Council
Approved as to Form:
Sonia R. Carvalho
City Attorney
By: /Iu, -t
ohn M. Funk
Assistant City Attorney
MAKARA CENTER OF THE ARTS, a
501(e)(3) NON-PROFIT ORGANIZATION
By:
Sigt as
mtl� P'U�310
Name
�ULtito�.t f �Keca FiNrie�%rt.
Title
Exhibit 29
City wa20 civic Center aza
0 Donation Request P.O. Box 1988
Santa Ana, CA 92702
(714) 647-5200
(Name: �Makara Center for the Arts
your __nomti � .i.._,t' _ -.-_. n
Tax -Exempt Status: Is your organization a non-profitor public tax-exempt organization as l5eloct One: LSI
efined under Section 501(c)(3) of the Internal Revenue Code? \% Yos No
If No, you will only qualify Por a credit for City�ii'slated costs for your request (i.e. permit fees, �Hxo,6
taf time, rentalrates forfacf hies orequipment, etc.).Costs far CSy servicas vary and if O �)_�I�iL`approved, credit may or may not cover full cost of requested City services. #: 8 I 13 V
Donation Request
ity Services Credit
Date Needed:
ayor/Counclimember: Villages
mount Reaue dated:
Direct Payment Amount 7�J� Event Date: ��
-0 2018 Time: br7 oir1 /Month!
_2018 �__....
Requested:
,Jan vont
... g ... � ... y
,.It Lcilation,
811 N Main St Santa Ana CA 92701
Addrass. City State. Zlp
Makers Center for the Arts seeks support for a ollywide reading initiative to oersteds the 200th anniversary of"Frankenstukr"Makers will
Descrlptian of
distil Ivan free copies of the navel and host free monthly STEAM programs and events for Santa Ana residents. "FrankenRoad:Sanla Ana Reads
Event / Purpose:
Frankenstein" will run from Jan. 2018 -Oct 2018. Programs and resources will be aveilabie in English, Spanish, & Vietnamese, and Makers will
"Frankenresd"
maintain a dedicated website with resources for additional organizations, businesses, and Individuals to participate In the project.
"FrankanRead" will offer Santa Ana residents an opportunity to read and engage with a classic novel that explores the relationship between art &
technology, ethics, and what makes monetar."This citywide conversation can creole now communities, renew Imaginations, and links
Community Benefit:
science,
a ilfalong love of reading. Residents will have free access to comic books, chapter books, foreign language and classic versions of "Frankenstein,'
At leas once a month (Jan'18-Oct 18), Santa Ana communities can attend free programs & events centered on sosake themes of the novel
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Revised 01/05/2017
EXHIBIT 14
City of Santa Ana