The URL can be used to link to this page

Home My WebLink AboutLONG BEACH CINEMATHEQUE - 2017O:CMO (/) Julie Castro -Cardenas 0� (p 21 201 1. PARTIES AND DATE CITY OF SANTA ANA DONATION AGREEMENT WITH LONG BEACH CINEMATHEQUE N -2017-248-C This Donation Agreement ("Agreement") is entered into on NOVEMBER 7, 2017, by and between the City of Santa Ana, a municipal corporation ("City") and LONG BEACH CINEMATHEQUE (AS FISCAL SPONSOR FOR THE FRIDA CINEMA), 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 HOSTING A MOVIE SCREENING EVENT AT THE FRIDA CINEMA TO SHOWCASE THE FILM "DOLORES" BASED ON FAMED ACTIVIST DOLORES HUERTA ON NOVEMBER 4, 2017 ("Community Benefit"). 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, by recommendation of MAYOR PRO TEM MARTINEZ, believes there is a public purpose in supporting the Community Benefit because it WILL PROVIDE AN FACE-TO-FACE OPPORTUNITY FOR THE COMMUNITY TO MEET DOLORES HUERTA, CO-FOUNDER OF THE UNITED FARM WORKERS WITH THE GOAL OF INSPIRING FUTURE GENERATIONS TO BE LEADERS IN THEIR COMMUNITIES. 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 THREE THOUSAND DOLLARS ($3,000), 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 terns 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 18 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 bey. 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 18 CITY OF SANTA ANA By: 2 Raul odinez City Manager u r iMaria D. Huizar Clerk of the Council Approved as to Form: Sonia R. Carvalho City Attorney By: WL / Ilf 06 M. Funk Assistant City Attorney LONG BEACH CINEMATHEQUE (AS FISCAL SPONSOR FOR THE FRIDA CINEMA), a 501(c)(3) NON-PROFIT ORGANIZATION By: — tgnature Name Title Exhibit 18 N -2017-248-C City of Santa Ana I City Manager's Office — M-31 20 Civic Center Plaza Donati®n Request i P.O. Box 1988 Santa Aria, CA 92702 Amount Requested: I$ (714) 647-5200 IMartinez Name: ;Logen Crow F-- I s3000 ,Event Executive Director Address: 1305 E. 4th Street #100 city, state, zip: ;Santa Ana, CA 92701 Phone: 1(323) 428-7411 lEmall: ilogan@thefridacinema.org Fax 1(866) 354-8617 ;The Frida Cinema will be welcoming Dolores Huerta, famed civil rights activist and co-founder of United Farm Workers — --- --- - -- - -- - -�: - - -- ---- --- -- , - -- - - - � -- - -- — --- --- --- N (The Cinema - (fiscal Sponsor: Long Beach Cineatheque) rn---- Description of - -- - ---- ------- ex. xemptStatus: Is your organization a non-profit or public tax-exempt organizattonas Select One: ---- -------- ---- FVJ Ye, ❑ No defined under Section 501(:)(3) of the Internal Revenue Code? I i � If No, you will only qualify for a credit for City -related costs foryour request (i.e. permit fees, Y�iYes We are proud to partner with Councilwoman Martinez and the City of Santa Ana in providing an opportunity to meet, face-to-face, one of the most celebrated of American civil rights leaders, and team first-hand of her work as an activist and staff time, rental rates for facilities or equipment, etc.). Costs for City services very and if , Tax ID #: 127-0950151 approved, credit may or may not cover full cost of requested City services. Applicant Signature: ,Date: f 0 //1 -,7- 'City Services Credit I I Needed: I INov.1,2017 Imayor/Councilmember; i Amount Requested: I$ ,Date IMartinez Diract Payment Amount F-- I s3000 ,Event !Nov. 4, 2017 !Event Time: 2pm & 5:30pm (Requested: (Event Location: ;The Frida Cinema 305 E. 4th Street #100, Santa Ana CA 92701 iAddress, CIH, State, ZIP ;The Frida Cinema will be welcoming Dolores Huerta, famed civil rights activist and co-founder of United Farm Workers Description of ;(UFW), to Santa Ana with new documentary film "Dolores." Funds will be applied to two screenings and associated !Event I Purpose: 1 expenses: a free screening open just to our community's female students, and a special ticketed screening, both of which !,will be followed by an in-person discussion with Ms. Huerta. We are proud to partner with Councilwoman Martinez and the City of Santa Ana in providing an opportunity to meet, face-to-face, one of the most celebrated of American civil rights leaders, and team first-hand of her work as an activist and Community Benefit: I 1ph[lanthropist. Our screenings are also being held in the hope of inspiring future generations of females to take her inspiring lead to affect change in their communities. Applicant Signature: ,Date: f 0 //1 -,7- i Mail: City Managires Office — M-31 Email: donationrequest@santa-ana.org 20 Civic Center Pla.a Fax: (714) 047-6964 P.O. Box 1988 Santa Ana, CA 92702 Revised 0110512017