Loading...
HomeMy WebLinkAboutMASCORRO, JOSEClity 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TERMINATION FORM Please complete this form in its entirety when the attached agreement and all amendments (if any) are no longer in effect.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 x Return form to the Clerk of the Council Office (M-30). Call 647-1520 if you have any questions. The agreement with /V\a. rf N-2022-033 No. was completed on (Last all amendments. Use space ,below if needed.) 9:1,agreernentslfcrrns4orm - agreement termination €orrn_galdenrod.doc COTC Office Use Only C 2022- City Of Saute Arse City Clerk's Office !`r and final payment has been made. Department: C 01;; Phone/Exf.: Signature: r` Date: C:�P'. INSURANCE NOT REQUIRED WORK MAY PROCEED CLERK OF COUNCIL DATEt FEB 0 7 2022 1. PARTIES AND DATE CITY OF SANTA ANA DONATION AGREEMENT N-2022-033 This Donation Agreement ("Agreement") is made and entered into this 26th 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 Jose Mascorro ("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 Strolling Mariachi in Downtown Santa Ana, a monthly interactive strolling music performance ("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 family - friendly live performances that will attract attention to the Downtown area and stimulate the local economy as well as nurture an art form rich in tradition. 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 FIVE THOUSAND, SIX HUNDRED, TWENTY-FIVE DOLLARS ($5,625) 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 Tenn; 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 ACREEmFNT Page 3 of 4 N-2022-033 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: /al' Ryan O. od e Assistan City Attomey RECOMMENDED FOR APPROVAL: CITY OF SANTA ANA Kristine Ridge City Manager ARTIST: Print Name: Jose Alejandro Mascorro Address: 1625 W. Mcfadden Ave. Santa Ana, CA 92704 Steven A. Mendoza 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 Subrriltable U Title 0038 01 /11 /2022 by Mascorro Productions Inc. in Arts & Culture - id. 22226758 Special Event Sponsorship Request Form (SESRF) - 2021 mascorroproductionsinc@gmall.com Original Submission 01/11/2022 Name of Primary Jose Contact Mascorro Contact Title Name of Entity Mariachi Los Santaneros (Mascorro Productions) (organization, business, neighborhood association) Check the box that Individual/Community Group applies to your entity: Additional Applicant Names (if applicable) Physical Address 1625 W McFadden Ave Santa Ana California 92704 us Mailing Address 1625 W. Mcfadden Ave. Santa Ana California 92704 us Phone +15033802669 Email mascorroproductionsinc@gmail.com Website Event Name/Title Strolling Mariachi in Downtown Santa Ana Event Date(s) February 5th, February 11th, February 13th, February 25th, February 27th, March 5th, March 11th, March 13th, March 25th, March 27th, April 2nd, April 8th, April 10th, April 22nd, April 24th, May7th, May 8th, May 13th, May 22nd, May 27th, June 4th, June 10th, June 12th, June 24th, June 26th Is this event open to Yes the public? Event Location(s) 325 E. 4th Santa Ana, CA 92701 What city ward(s) will Ward 6 the event be located (click on link below to find wards)? Number of expected 20-100 people attendance for your event Brief Description of Mariachi Los Santaneros is a music group founded by local Santa Project Ana resident, Alex Mascorro. This mariachi will be marching throughout Downtown and making stops in areas like the Artist Village and Calle Cuatro Plaza. During these stops, the mariachi will interact with the crowds, take song requests and perform shows throughout the evenings. Our performances will be family friendly for all ages. Describe the Mariachi Plaza in Boyle Heights, LA, and Garibaldi Plaza in Mexico community benefits draw crowds from different parts. We hope the mariachi can attract of this event attention to Downtown to stimulate the economy while providing family friendly content for all ages. Many of the members are from Santa Ana, therefore, this will benefit the growth of local members. Moreover, a majority of Santa Ana residents are drawn to mariachi music as seen in our performances during some Artwalk events and the Santa Ana Mariachi Festival. Many locals would feel encouraged to return to the shops in downtown. Also, word of mouth of a strolling mariachi would attract other city residents to come to downtown. 4th street has thrived through the support of local artists. The inclusion of live mariachi would encourage more artists to provide their work in our city. Additionally, many Boyle Heights mariachis may feel welcome to seek mariachi gigs in the city of Santa Ana because the local LA mariachi scene is oversaturated with musicians. A second mariachi plaza could be unofficially formed within the heart of Santa Ana furthering the development of the economy, music and art scene. Amount Requested 36000.0 Proposed Use of Most mariachis in the LA music scene range in hourly fees on Funds average at $600 per hour. Mariachi Los Santaneros would provide a larger mariachi ensemble between 6 to 10 members. A larger ensemble would help the projection of the music without the need of amplification with microphones and speakers. We would not need any electricity. We are only requesting funds to pay the hourly fees of the ensemble at $600 per hour. Each date requested would include 2 hours of mariachi performances. The funding helps pay for our time, the cost of our uniform, transportation, parking fees, instrument upkeep, and rehearsals in order to take requests and have enough content each performance. 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/speci al - event -sponsorship - policy