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HomeMy WebLinkAboutHERNANDEZ, PRISCILA�Y 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TERMINATION FORM Please complete this form in its entirety when the attached agreement and all amendments (if any) are no longer in effect.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 —I--- Return form to the Clerk of the Council Office (M-30). Call 647-1520 if you have any questions. The agreement with P610104. qC rV14V1CL +r . COTC office Use Only (J- LOLL City of Santa Aria City Clerk's Office No. N-2022-017 was completed on e and final has been made. payment (List all amendments. Use space below if needed.) !AagreemertslformMform - agreement termination form—goldenrod.dw Department Phone/Ext.: L Opt Signature: Date: iT1 N-2022-017 ANSURANCE NOT REQUIRED OT-61 WORK MAY PROCEED cv CLERK Of COUNCIL RATE: CITY OF SANTA ANA DONATION AGREEMENT 1. PARTIES AND DATE (%roll CTOM Lei fo) This T . 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 Prisella Hernandez ("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 11'h International Woman's Day Festival, an annual celebration of women's rights and accomplishments ("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 a family -oriented festival that includes free workshops on art, health, and wellness such as nutrition and womb care. 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 FOUR THOUSAND, SEVEN HUNDRED, FIFTY DOLLARS ($4,750) 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 fast 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 anv 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 CITY Or SANTA ANA DONATION AGREEMENT Page 2 of 4 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 mannor 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 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, N-2022-17 NATION AGREEMENT Page 3 04 IN WrrNESS 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 r Ryan 0, tlatj je Assistant City Attorney RECOMMENDED FOR APPROVAL: CITY OF SANTA ANA Kristine Ridge City Manager ARTIST: Print Name: I'r S ti ff 144 tftiilf}e �z Address: 121 N. i� a� 4. 3u rtft Ll cli—fm Steven A. Mendoza Assistant City Manager Executive Director, Community Development Agency CITY OG SANTA ANA DONATION AGREEMENT Page 4 of 4 EXHIBIT A Request for Sponsorship Funds City of Santa Ana Title 0011 by Prisciia Hernandez in Arts & Culture - Special Event Sponsorship Request Form (SESRF) - 2021 2121 N BRISTOL ST SANTA ANA, California 92706 CA United States 7147608625 consciouscuftureoc@gmail,00m Original Submission Name of Primary Contact Contact Title Name of Entity (organization, business, neighborhood association) Priscila Hernandez Program Coordinator Conscious Culture Collective Check the box that Individual/Community Group applies to your entity; Additional Applicant Mirna Michel Names (if applicable) Zoila Newton Diana Tellez Julia Michel Physical Address 2121 N. Bristol Street Santa Ana CA 92706 us Powered by Submittable U 11/09/2021 id. 21751811 11/09/2021 a Website instagram.com/consciousculture_workshops Event Name/Title - 11th International Woman's Day Festival .... Event Date(s) ....... ... .. _..__.. --..,-..._.._.... March 12, 2022 Is this event open to _.._... -- ......... .. -_ --------- Yes the public? Event Location(s) Calle Cuatro Plaza, Santa Ana, CA What city ward(s) will Ward B the event be located (click on link below to find wards)? Number of expected 200 attendance for your event -........... Brief Description of ..... ... ..._.. .......... .......... ....... The 11th International Woman's Day Festival in Santa Ana is an Project annual celebration of woman rights and accomplishments all over. It also celebrates the women in Santa Ana that have made this city whole and beautiful, women that bring their wisdom, music, poetry, artwork; they share workshops, talks, skills, social justice issues, self -care tips and positive habits. All of this for the community and anyone joining. Our schedule Is from 1-9pm on Saturday, begins with a variety of workshops and talks; Continues with cultural dance, poetry, and closes with music performances and dancing, while local vendors sell their art/ crafts. Describe the The community can join this event for free, participate in any of the community benefits workshops and enjoy the activities and musical performances. of this event 'The event is open to everyone, no matter gender Identity, race, age, religion, nor anything also that divides us people. There will be art activities for kids and parents to do together, its always a lovely thing to see friends and family bonding as they learn and make something with their hands. There will be workshops that Interest everyone like art, nutritional education, or plant benefits; and other topics only interest some, like a talk on knowing yourself and psyche, or womb care workshop. Promotional material will be printed for people to see the agenda for the day, and will be shared on social media ahead of time. Participants will be able to see the schedule there as well and choose in what to participate. The music, poetry and cultural performances are usually the highlights of the day, since they gather most of the people with their awesome talents and harmony; everyone can enjoy the music and many like to dance. There will be arts and craft vendors for people to admire and support, at this events we see how people got inspired and excited just to see the artwork that artists are showcasing. Vendors also love setting up at our events and enjoy the atmosphere and performances. In general people can learn, have fun and network with others. Attendees give us positive feedback every time and that is why we continue to hold this event every March. .-_...__...--_-.__..___.._..........- ...----- ........— - --- .._.. -- ------- ....... - ---------- Amount Requested 5000.0 Proposed Use of $200. Sound system rental Funds $1000. Stipends for music groups $1000. Stipends for workshops $250. Event Insurance $150. Plaza permit $220. Promotional material printing and social media advertising $ 60.Office supplies, presentation boards, paper, pens, Ink, tape, strings, etc. $160. Portable restrooms rental $200. Table and chair rental $500. Speaker and microphone purchase $ 80. Projector purchase $160. Large Canopy purchase $550. Planning and organization $150. Photographer $200. Event Decorations $120. Clean up after event Total $ 5,000. By submitting this 1 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/speciai- event-sponsorship- poiicy