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Home My WebLink AboutDIAZ, SELICACity of Santa Ana jt 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TERMINATION FORM Please complete this form in its entirety when the attached agreement and all amendments (if any) are no longer in effect. Nate: 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 Return form to the Clerk of the Council Office (M-30). Cali 647-1520 if you have any questions. The agreement with No. I N-2022-021 was completed on (List all amendments. Use space below if needed.) i:�agreementsVormsiform - agreement termination form_goldenrod.doc COTC Office Use Only City of Seats Ana JAN 11 2024 City Clerk's Office "- and final payment has been made. Department: (D /*,� Phone/Ext.: Signature: Date: co N-2022-021 INSURANCE NOT REQUIRED WORK MAY PROCEED CLERK OF COUNCIL DATE: CITY OF SANTA ANA DONATION AGREEMENT 1. PARTIES AND DATE Gr: 69A-C1Mr4L0(a) TT N This Donation Agreement ("Agreement") is made and entered into this 13th day of January, 0 2022, by and between the City of Santa Ana, a charter city and municipal corporation organized and cx existing under the Constitution and the laws of the California ("City"), and Selica Diaz c" ("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 First Annual Concert at The Pacific, a community concert featuring performers, singers, and artists from local schools ("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 empowering youths to perform in a public setting and to reinforce in the residents a sense of pride in their community and city. The event will also include information on resources the City offers to the public. 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, SEVEN HUNDRED, FIFTY DOLLARS ($3,750) 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 (10%) per annum. 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 CITY OF SANTA ANA DONATION AGREEMENT Page 2 of 4 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. CITY OF SANTA ANA DONATION AGREEMENT Page 3 of 4 N-2022-021 IN Wrf'NESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. ATTEST: i Daisy Gomez Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Ryan O. od e Assistan City Attomey RECOMMENDED FOR APPROVAL: �— N—A, Steven A. Mendoza CITY OF SANTA ANA Kristine Ridge City Manager ARTIST: 36'A i, Print Name: Selica Diaz Address: 207 S. Orange Ave. #201 anra Ana, Assistant City Manager Executive Director, Community Development Agency CITY OF SANTA ANA DONATION AGREEMENT Page 4 of 4 EXHIBIT A Request for Sponsorship Funds City of Santa Ana Powered by Submidable U Title 0018 12/04/2021 by Seli D in Arts & Culture - Special Event id. 21956235 Sponsorship Request Form (SESRF) - 2021 selicadiaz@gmail.com Original Submission 12/04/2021 Name of Primary Selica Contact Diaz Contact Title Pacific Park Neighborhood Leader Name of Entity Pacific Park Neighborhood (organization, business, neighborhood association) Check the box that Santa Ana Neighborhood Association (city -recognized) applies to your entity: Individual/Community Group Additional Applicant N/A Names (if applicable) Physical Address 207 S. Orange Ave. #201 Santa Ana CA 92701 us Mailing Address 207 S. Orange Ave. #201 Santa Ana CA 92701 us Phone +17147851681 Email selicadiaz@yahoo.com Website Event Name/Title First Annual Concert at The Pacific Event Date(s) June 25th 2022 Is this event open to Yes the public? Event Location(s) Maple Street & Mcfadden, next to Pacific Electric Park What city ward(s) will Ward 6 the event be located (click on link below to find wards)? Number of expected attendance for your event Brief Description of Project Describe the community benefits of this event Amount Requested Proposed Use of Funds By submitting this 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-offi ce/s pecial- event-sponsorship- policy 15I1I1II-YIPI The main reason for this project is to bring my community together, to enjoy a night out with good music, performers, singers, friends, neighbors, family and to learn more about the resources the city offers. I am planning to have performers, singers, and artists from our local schools. I want to empower our youth and I want this event to be the beginning of many more events & Concerts at The Pacific in the future. I want our neighbors to feel proud of our community & our city. The benefits to our community will be that our neighborhood residents will be able to learn more about all the available resources that the city has to offer. I also, want people to see the talent that exist within the youth that reside in our beautiful city. 5000.0 The event funds will be used to pay for insurance, equipment, supplies, chairs, table & portal toilettes rental, stage, police, barricades, advertising, flyer print outs, l agree