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HomeMy WebLinkAboutMEDINA, FREDERICO JRw City of Santa Ana Clerk of the Council AGREEMENT TERMINATION FORM Please complete this form in its entirety when the attached agreement and all amendments (if any) are no longer in effect. Note-. If your agreement is grant related, please ensure that all grant retention requirements have been satisfied prior to signing the termination form. Is the agreement(s) a permanent record? Yes No Y Return form to the Clerk of the Council Office (M-30). Cal! 647-1520 if you have any questions. The agreement with COTG Office use Oni C 2,c) 2,2_ City of Santa Aria JAN 11 2024 City Clerk's Office N-2022-004 No. was completed on �' and final payment has been made. (List all amendments. Use space below if needed.) Aagreementslormslform - agreement termination form_goldenrod.doc Department:i ' Phone/Ext.: : Signature: R- Date:''' INSURANCE NOT RlQUIN€D N WORK MAY PROCEED ® CLERK OF COUNCIL c�, DATE: CITY OF SANTA ANA DONATION AGREEMENT 1. PARTIES AND DATE N-2022-004 This Donation Agreement ("Agreement') is made and entered into this 20' day of December, 2021, 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 Federico Medina Jr ("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 Cambios, a photography and audio presentation and exhibition of 15 portraits, 15 life- size prints, and audio -recorded oral histories ("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 an exhibition displaying the strength of the human spirit to overcome a troubled and difficult past by highlighting individuals of Mexican descent who are in a rehabilitation program after being released from jail or recovering from substance abuse. 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, ONE HUNDRED, TWENTY-FIVE DOLLARS ($3,125) 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 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 (101%) per annum. Notwithstanding the foregoing, the indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. CITY Or SANTA ANA DONATION AGRuCMCNT 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 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, is amounts and with provisions acceptable to City. 3A 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, willftd 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 indenmity 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 ibis Agreement. Each Party warrants that the CITY OF SANTA ANA DONATION AGREEMENT Page 3 of 5 individuals who have signed this Agreement have the legal power, right and authority to make this Agreement bind each respective Party. CITY OF SANTA ANA N-2022-004 DONATION AGREEMENT Page 4 of 5 IN WPCNESS WHEREOF, the patties hereto have executed this Agreement on the day and year first above written. ATTEST: ta G isy om lark • C • ouncil APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By!:;al For O. Hodge Assistant City Attorney RECOMMENDED FOR APPROVAL: CITY OF SANTA ANA 7� Kri tine Ridge City Manager ARTIST: 4 Ka Print Name: Federico Medina Address: 1709 West Cubbon, Santa Ana CA 92703 Steven A. Mendoza Assistant City Manager Executive Director, Community Development Agency CITY OF SANTA ANA DONATION AGRurmENT Page 5 of 5 EXHIBIT A Request for Sponsorship Funds City of Santa Ana Powered by Submitfable Title 0005 10/29/2021 by Federico Medina in Arts & Culture - Special id. 21659625 Event Sponsorship Request Form (SESRF) - 2021 1709 West Cubbon Santa Ana, California 92703 United States (714) 673-3783 stpdown@gmail.com Original Submission 10/29/2021 Name of Primary Federico Contact Medina Contact Title Photographer / Artist Name of Entity Central City Neighborhood Association (organization, business, neighborhood association) Check the box that Individual/Community Group applies to your entity: Additional Applicant + :: Names (if applicable) Physical Address 1709 West Cubbon Santa Ana CA 92703 us Mailing Address 1709 West Cubbon Santa Ana CA 92703 us Phone +17146733783 Email stpdown@gmail.com Website https://www.stoopdown.com Event Name/Title Cambios Event Date(s) June 4, 2022 Is this event open to Yes the public? Event Location(s) 125 N Broadway, Santa Ana, CA 92701 or 1620 N Main St, Santa Ana, CA 92701 What city ward(s) will Ward 5 the event be located (click on link below to find wards)? Number of expected 500+ attendance for your event Brief Description of Cambios Is a photography and audio presentation of 15 individuals Project from Guadalajara, MX who are In a rehabilitation program from being released from jail or recovering from substance abuse. The project consist of 15 portraits, 15 life-size prints, and in the audio; each individual introduces him/ herself and answers the question "At what point did you want to change your life for the best?" The exhibition will be presented in a single room, 15 portraits on one wall and the life-size prints surrounding the additional wall space as the audio of each persons voice is heard in a loop. Describe the Cambios will benefit the community and Santa Ana In general as it will community benefits display the strength of the human spirit to overcome a troubled/ of this event difficult past. The individuals in the project are all from Mexican decent and them sharing their portrait and the ability to hear their voice in describing the moment they decided to better their life for the best. It will display that it is never too late to move in a positive direction and that you are not permanently labeled as a criminal or drug addict if you decide to follow a better path. Amount Requested 3500.0 Proposed Use of Event space fee / Insurance cost I Permit fee ! Security / Kodak Funds professional endure print 136x72 Photo prints / Audio equipment I Frame and matting of 15 frames / Hanging equipment and accessories I Gallery space maintenance and clean up / Assistant fee 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/cd/arts- culture/office/special- event-sponsorship- poiicy