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HomeMy WebLinkAboutMARTINEZ DIAZ, JONATHANCity of Santa Ana Clerk of the Council AGREEMENT TERMINATM FORM Please complete this form in its entirety when the attached agreement and all amendments (if any) are no longer in effect.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 ?' Return form to the Clerk of the Council office (M-30). Call 647-1520 if you have any questions. The agreement with No. N-2022-a 18 was completed on (List all amendments. Use space below if needed.) i-AagreementsVormsWorm - agreement termination form_goidenrod.doc CfJTC Dff3ce Use �nlY C 2-02,� City of Sang Ana JAN 112024 City Clerk's Office 1'2)t 17-1 and final payment has been made. Department: C- VA Phone/Ext.: f Signature: Date: •� ;INSURANCE NOT REQUIRED WORK MAY PROCEED `b CLERK OF COUNCIL. nJ z DATE: CITY OF SANTA ANA DONATION AGREEMENT N-2022-018 1. PARTIES AND DATE r Cm GTrRWWCO) TT 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 Jonathan Martinez Diaz ("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 Art of Creating Wildlife Murals, a mural public demonstration class teaching youths techniques and tools to design and create a mural. ("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 teaching youths the proper steps of creating a mural, including design, materials selection, equipment, and creation, as well as awareness of endangered animals. The taped class will also be shared on artist's website for public access. 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, THREE HUNDRED, SEVENTY-FIVE DOLLARS ($3,375) 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 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. N-2022-018 CITY OR SANTA ANA DONATION AGREEMENT Page 4 of 5 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: /A�' Ryan O o e Assistant City Attorney RECOMMENDED FOR APPROVAL: CITY OF SANTA ANA Kristine Ridge City Manager ARTIST: Print Name: Jonathan Martinez Diaz Address: 2019 N Broadway Ant D Santa Ana, n CA 92706, 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 V Title 0025 12/07/2021 by Jonathan Martinez Diaz in Arts & Culture - id. 21974719 Special Event Sponsorship Request Form (SESRF) - 2021 2019 N Broadway Apt D Santa Ana , California 92706 7144881378 artoftheendangered@gmail.com Original Submission 12/07/2021 Name of Primary Jonathan Contact Martinez Diaz Contact Title Artis/Muralist Name of Entity Art of the Endangered (organization, business, neighborhood association) Check the box that Individual/Community Group applies to your entity: Additional Applicant Names (if applicable) Physical Address 2019 N. Broadway Apt D Santa Ana California 92706 us Mailing Address 2019 N. Broadway Apt D Santa Ana California 92706 us Phone +17144881378 Email artoftheendangered@gmail.com Website www.artoftheendangered.com Event Name/Title The Art of Creating Wildlife Murals Event Date(s) February 5, 2022 & February 6, 2022 Is this event open to Yes the public? Event Location(s) The Bluelot: 1st and Bush. What city ward(s) will Ward 6 the event be located (click on link below to find wards)? Public Location Number of expected 50 attendance for your event Brief Description of This event will highlight the process of creating larger scale murals. Project Having a heavy focus on teaching the youth about the steps, from the design process, to a completed mural. I will be teaching different techniques and tools they can use to design a mural. Follow up with teaching them about materials and equipment one can use to create a mural. Demonstrating my mural techniques as well. The mural will be painted on a larger panel that I will donate to one of the high school here in S.A. This project will be film to share publicly to anyone. Describe the The community will benefit by having the opportunity to teach the community benefits youth that even though creating a mural may seem scary and of this event challenging to work at such a large scale that it's possible to learn it. Even at a young age. Parents and students will be benefit from this live event about the different techniques and ways to create a mural. This will also be film which I will share on my social media handles and website for anyone to download and see. I hope to inspire the community with this event and the community will have a new mural to be inspired by. Amount Requested 5000.0 Proposed Use of Rent of public space for this event. Funds Paint and materials to bicycle to create the mural. Hire a film crew to record this event. Rent equipment i will need to demonstrate and teach my techniques. Insurance for the event while creating and teaching the mural process 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-offi ce/s peci al - event -sponsorship - policy