HomeMy WebLinkAboutORANGE COUNTY CHILDREN'S THERAPEUTIC ARTS CENTER (13)N-2019-116
INSURANCE N01' REQUIREIJ
WORK MAY PROCEED
CLERK OF COUNUL
"+rr. JUL it 2 2019
1. PARTIES AND DATE
CITY OF SANTA ANA
DONATION AGREEMENT
This Donation Agreement (Agreement) is made and entered into this 15t1 day of June, 2019,
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 State of California (City), and the Orange
County Children's Therapeutic Arts Center, 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 with the Festival of Classical & Folkloric Music of Latin America event that will occur
June 19-22, 2019 at various places in the City of Santa Ana, open to the community. The
sponsorship will cover a portion of the expenses to produce the event. 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 the
Community Benefit because the Festival of Classical & Folkloric Music of Latin America will
incorporate and highlight the City of Santa Ana's 150" Anniversary, via a Cultural Exchange
Roundtable and Concert of Latino Masters, free and open to the community. This event will dedicate
artistic training opportunities and educational programs that support and empower underserved
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
TWO THOUSAND DOLLARS ($2,000) for this event because the City has determined that there
is a public purpose to be served in supporting the Community Benefit. The funds shall be spent in
accordance with the request from the Orange County Children's Therapeutic Arts Center as Exhibit
A and incorporated herein by this reference to help cover the cost of event logistics and equipment
rental costs. 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 ftrlly 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 unless and until terminated by the City. 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.
CITY OF SANTA ANA
DONATION AGREEMENT
Page 2 of 6
Notwithstanding the foregoing, the indemnification provisions of this Agreement shall survive any
expiration or termination of this Agreement.
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 Cif. 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.
CITY OF SANTA ANA
DONATION AGREEMENT
Page 3 of 6
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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and
year first above written.
ATTEST:
zd Iv8
NORMA MITRE
Acting Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Atty�fRy h
By: '
Ryan
CITY OF SANTA ANA
Cistine Ridge
City Manager
ORANGE COUNTY CHILDREN'S THERAPEUTIC ARTS CENTER
- 2\ -e
Dr. Ana Jimenez -Ha i
Founder & Executive Officer
Tax ID# 33-0930891
CITY OF SANTA ANA
DONATION AGREEMENT
Page 3 of 6
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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and
year first above written.
ATTEST:
CITY OF SANTA ANA
NORMA MITRE Kristine Ridge
Acting Clerk of the Council City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:
Ryan O. Hodge
Assistant City Attorney
ORANGE COUNTY CHILDREN'S THERAPEUTIC ARTS CENTER
Dr. Ana Jivi nez-Hal
Founder & Executive Officer
Tax ID# 33-0930891
CITY OF SANTA ANA
DONATION AGREEIIIENT
Page 4 of 6
Exhibit A
May 1. 2019
Dear Community Partner:
The Oracle County Children's lhoropeutic ARTS Carder (OCCTAC) cordially invites you to attend
and participate as a sponsor of out "Festival of Closslcaf and Folkloric Music of totin Americo"
to be held in Sonia Ana from June 19 though June 22, 2019,
Our Festival events will include:
• 3 days of tostival workshops iJune 19 - June 21) with Latin American Masters from
Mexico. Argentina, Cuba and Puerto Rico.
• A VIP Reception to thank our sponsors and key community partners on
Thursday, June 20 at 5:30pm of the Mexicon Cort"ate in Santa Ana.
• A Communily Resceplion and Cultural Exchange with the Maestros on
Thursday. June 20 at 6:30pm of the Me xlconConscNote in Santa Ana.
• Concert of the Maestros on Saturday, June 22 of rpm, which will feature a performance
by each of the Maestros highlighting their traditional music and a group performance
wilh OCCIAC and SAUSD students.
OCCTAC Aris Center is a Santo Ana. CA based rton-y ro5t 150Tc3), organization dedicated to
artistic training and educatiorratprograms that support and empowet ur,derserved communities.
We offer a wide variety of music, art. and dance classes to children and youth of limited resources.
as wall as support services for the entire family wilh the goal of empowering disociventoged
communities bulding confidence", self-esteem. and love for the ails.
Rocenty. OCCTAC was oworded a prestigious tdadwai Endowment for the Arts grant for $10,00'J
to assist with ut5derwritifrg costs of this One-of-o4ind event. However, we treed your help to
successfully host this event, and support our mission in the cemmutvty. OCCTAC is seeking funding
10 assist with Costs of the festival, including lodging, transportation ood food far our guest musicians,
as well aS materials for event promotion and music workshops. To accomplish this goal, we
need your 9jpport and genefoUs assistance through yoursponsorship, We have attached the
sponsorship informalion alcog witfh additional details.
We thank you in advance for your consideration ones look forward to your support and
porticipatiant II you have any ques4ons ofgardinry this eventr please feel free to confact
Ot Ana Jimenez at onagoccloc.org or Ana Dim of 714-547-5468. Thank yowl
With great approcialion,
Or. Ana Jimenez -;darns
Founder 6 Executive Director
.Ot C`uu naev^s P�iI}y'�':J.._ --
--',' i Al:
SRE AMEACID
CITY OF SANTA ANA
DONATION AGREEMENT
Page 5 of 6
THE MASTERS
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tl of lain All':eril trom June 17 •;une 22, 2CI9'n Sorta Arel, Colifomia. fires fcst,,t will include three cloys at mu:icol'n'artshopsJod byte
matesho repretental ee N each haclitam. 0Conerunily Re'opted and CuRuraP-.=hangle Rounatoble. and cuminoie with tie C0100 of ha
La'ina NoSi as the dosing even on June 22 who thP. final evenlnp, of she Fes+ival, Edo type of 1wJ4C will oa h'ghlidtl led dust* a segment
of d'e concert. and tre dowic sivi is will ploy a sady Iha' Incy 90ca6id uflaes the �r etnveftn Of these moe oos. as to culminolag piece
4I+Ca concaaPerform* cle
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Rosa Is also a Value of yx ia. ansui"kl and guile !v? i; no Ju. aSal oral reLCCI dleCid 01 lend IrnAl, o re e.K"a'a fee fi•.A4C
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merel s'coxille5.tie "Ial+eerta•mea with n,`n*6-,,0ad10flrps of da94k`.RIC I.ni1pY1$J of $W'hremCPap antlEUlPCa.
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ITailP.rdF.glP.#? In noeiix.en",<Illrll nod nnR %YIYt{thin; Nuie..111ntre lyin Nernnall Ii11arnpMIUnfn ester nvensi N...1 S'
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end it or Tiorkol muic Intaf -weo^nh and 001e1ell k!tw.Untied$1(Sld?Imd ollUe•aoa'.Nos of the rva'iehwe padcrmm'd
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Conpasee Is fcrrnp
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and fdLt'q:a'
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CITY OF SANTA ANA
DONATION AGREEMENT
Page 6 of 6
BENEFITS
Maestro - $5,000
(limit 2 packages available)
• Ten (IQ tickets to Motatfo's Concert with reserve seoang kn first 2 rows
• Ten I lg) VIP mcertflon tickets
• 10 tickets to The 3 day workshop
• premier listing in pic.r and
• Vemal recognition during Nroewo's Concert Program
• Full pogo ad in bock cover page of prolymn "
• Notre Re:cgnition 1n all printed promotional tnotedolS "
Conjunto - $2,500
(lmll4 packages)
Six 161 liekel reservations with roscrvo Serving
in The 31d and 4th rows
• Six 161 VIP rece ohoo ticked
• Su 161 tickuls to Ine 3-day workshop
• Premiat tatylyd on the Inyllotion and pfo[glo r
• Vefbal reco5,x-dtfon dunnsi event
• 1`01 stage ad rstde al program'
Estudiante - $1,000
(limit 4 packages)
Fmir (41 ticket reservnknns
four (41 VIP reception tickets
Four 141 lickers to Ilse 3�doy workshop
Wing on the invitation and prog'om '
Vor-Od reecgrkik;n W(Hn0 event
Hot page (112) ad nrlde of program
Aficionado - $500
(limit 4 packages)
Two 12) Ticks l rase,vohons
Two 121 VIP Reception tickets
2 tickets `a the 3 day wo kshop
Listing an pragrorn •
To be Included in promollonal materials please submit your sponsorship Form,
Corporate Information, Camera Ready Art Work and Donation by June 7, 2019
Lvent's net oceceeds will benefit The Orange Courtly Cidldrerls Thar cyaeutic Ads Center (OCCTAC).
o IoccA non-profd (501 c3). ixnoNzarion dedicated to prcvk9lnsg innovative, arfdlic, cducokonol and
Ineropeutic programs that inspire and Isorgluan ciuldffen, aP!isk youth, ad -As and their lamltles to fulfill
Iheir highest fglenl lal.
T ckul fesmvalicn is $25,
AR cont,ibulions are fox deductible as pernirted by low,
under the fiscal sponsorship of fho Orongu Counly Cteldteo's lhorq"uhc Arts Cenlar
C?CCTAC is 601(c) (3) - Tox'n P. 33-0930891
rt .,,OC 0111 DaEN s PCI)y :�. "` rz�tC3 SRE AMEUCID