The URL can be used to link to this page

Home My WebLink AboutGARCIA, SARAH DBA LIBROMOBILECity of Santa Ana 110 Clerk of the Council AGREEMENT TERMINATION FORM Please complete this form in its entirety when the attached agreemenf and all amendments (if any) are no longer in effect.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. s the agreement(s) a permanent record? Yes No Return form to the Clerk of the Council Office (M-30). Call 647--1520 if you have any questions. The agreement with L;l�&t8kl COTC Office Use Only L - Lo�,L ON of Santa Ana City Clerk's Office No. N-2022-023 was completed on �"� � � P and final payment has been made.. (List all amendments. Use space below if needed Department: ' )A Phone/Ext.: i3-y&5 i Signature:_ Date:? ; :�agreementslformslform - agreement termination form_goldenrod.doc o INSURANCE NOT REQUIRED C1" WORK MAY PROCEED °D CLERK OF COUNCIL N =DATE: E 0: 6104 (TMM Le� Cg�� 0. PARTIES AND DATE CITY OF SANTA ANA DONATION AGREEMENT N-2022-023 This Donation Agreement ("Agreement") is made and entered into this 13th day of January, 2022, 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 Sarah Garcia DBA LibroMobile, a business ("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 4ch Annual LibroMobile Literary Arts Festival, a hybrid in -person and virtual festival uniting local and visiting BIPOC artists and featuring art vendors and local food by BIPOC and all booklovers ("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 providing free live readings, collaborative workshops, and musical performances to empower and cultivate artists of color and culturally enrich residents in Orange County, California. 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 THOUSAND, EIGHT HUNDRED DOLLARS ($7,800) 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. CITY OF SANTA ANA DONATION AGREEMENT 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, in amounts and with provisions acceptable to City. 3.4 No Oversight it 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 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 DONATION AGREEMENT Page 4 of 5 N-2022-023 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. ATTEST: Daisy Gomez Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: la4,v-- Ryan O. lod e Assistan City Attorney D FOR APPROVAL: CITY OF SANTA ANA Kristine Ridge City Manager ARTIST: Sign^' Print Name: Sarah Garcia Address: 6132 Darlington Ave. Buena Park, CA 90621 Steven A. Mendoza Assistant City Manager Executive Director, Community Development Agency CITY OF SANTA ANA DONATION AGREEMENT Page 5 of 5 EXHIBIT A Request for Sponsorship Funds City of Santa Ana Powered by Submittable U Title 0012 11/09/2021 by Sarah Garcia in Arts & Culture - Special Event id. 21757609 Sponsorship Request Form (SESRF) - 2021 1205 W. St. Gertrude PI. Santa Ana, California 92707 California United States 3239726930 sarahgarcia74@gmail.com Original Submission 11/09/2021 Name of Primary Sarah Contact Garcia Contact Title Founder/Director Name of Entity LibroMobile Arts Cooperative (organization, business, neighborhood association) Check the box that For -profit Business (retail, gallery, restaurant, etc.) applies to your entity: Additional Applicant Names (if applicable) Physical Address 220 E. Fourth Street Ste. 107 Santa Ana CA 92701 us Mailing Address 1205 W. St. Gertrude PI. Santa Ana CA 92707 us Phone +13239726980 Email libromobile@gmail.com Website www.libromobile.com Event Name/Title 4th Annual LibroMobile Literary Arts Festival Event Date(s) January 15, 2022 Is this event open to Yes the public? Event Location(s) Heritage Museum of Orange County 3101 W Harvard St, Santa Ana, CA 92704 What city ward(s) will Ward 1 the event be located (click on link below to find wards)? Number of expected 1500+ (when in a smaller space we have hosted over 500 in attendance for your attendance, we hope the new location will at the least triple the event audience) Brief Description of LibroMobile is celebrating over 5 years of cultivating diversity Project through books in Santa Ana and 4 years of our tiny bookstore collaborating with local and diverse guest artists in presenting FREE live readings, workshops & literary arts in the surrounding areasl Our 4th Anniversary LibroMobile Literary Arts Festival is scheduled for January 15th, 2022 in -person and virtually at Heritage Museum of OC. It will unite local and visiting BIPOC artists, feature art vendors, local food by BIPOC and all booklovers. The day will include live readings, collaborative workshops, and musical performances, culminating with the presentation of the Modesta Avila award. Describe the LibroMobile Arts Cooperative (LMAC) intends to empower artists of community benefits color and culturally enrich residents in Orange County, California. of this event Through social engagement, diverse arts, equitable practices, and direct action, LMAC aspires to counter the impact of gentrification on the local community by providing culturally relevant arts education and reinvesting profits in the local residents, arts industry, and business economy. Established in 2016 in Santa Ana, LMAC is a community -based collaboration between a mobile bookstore and cultural center practices. It builds on anti -gentrification movement culture and cultivates diversity through literature and the arts by prioritizing Black, Indigenous, people of color and integrating free reading and writing programs, visual exhibits, and year-round creative workshops in Santa Ana, California and its surrounding areas. For six years and as the only cooperatively -run bookstore in Santa Ana, LMAC has been able to realize its vision for a community -based self-sustaining literary arts center gracias to the dedication of the bookstore community. Recognized across the U.S. for organizing and presenting literary arts programing prioritizing BIPOC and LGBTQ+ artists, LMAC holds some 30 to 45 events per year, many of which draw intersectional and multigenerational audiences from Southern California and virtually across the nation. LMAC aspires to cultivate writers and artists in our own community, always prioritizing local artists of color. We strive to provide honorariums for all our guest artists — investing in our community and BIPOC artists in order to continue to create and gain sustainability together. All of our events are free and open to the public. As of 2018, bookstore profits, public donations, and capital from grants support the hybrid nonprofit organization fulfill its mission by funding its operating budget, local and guest artists, special exhibitions, establish the Crear Studio gallery, and a variety of arts education programs, including funding Barrio writers — free creative writing workshops for youth 13-21 that has been in existence since 2009. In 2020, LMAC established a community -based advisory board that ensures the mission statement is met through all efforts. Arts cooperative members lead daily tasks and initiatives to keep the bookstore and free programming accessible and sustainable to the general public. Our annual literary arts festival is just one example of how we reinvest by creating visibility and sustainability for our local BIPOC artists, makers, and cultural producers. All local vendors are provided free space and all local BIPOC artists presenting at the event are provided a stipend. We also prioritize using local businesses to accommodate our stage and AV rental, along with promotional items like posters, totes, bookmarks, etc. 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/ed/arts- culture-office/s pecial- event-sponsorship- policy 10000.0 Stipends for Local BIPOC Artists - $5000 Stage & AV equipment rental for live readings & music performance - $3000 Promotional giveaways for Modesta Avila awardee, youth and children (posters, totes, books, bookmarks etc.) - $2000 Grand Total: $10,000 I agree