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HomeMy WebLinkAboutGOMEZ, VERONICA�a 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TERMINATION FORM Please complete this form in its entirety when the attached agreement and all amendments (if any) are no longer in effect. 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 't Return form to the Clerk of the Council Office (M-30). Call 647-1520 if you have any questions. The agreement with vmww,WVM,:�- CCTC Office Use Onty City of Santa Ana City Clerk's Office No. 202 040 was completed on ) '` and final payment has been made. (List aH amendments. Use space below if needed.) Department: C.111)fx Phone/Exf.: Signature: Date: i.lagreementsVormslform- agreement termination form_goldenrod.doc MSURANCE NOT ON FILE WORK MAY NOT PROCEED} CLERK OF COUP" +'_. DATE: FEB 17 2021 U-: Wo r C -TV-^VVl e,) CD)1, T PART I ES .AND DA"I E CITY OF SANTA ANA DONATION AGREEMENT N-2022_040 This Donation Agreement ("Agreement") is made and entered into this 4"' day of February, 2022. by and between the City of Santa Ana, a chatter city and municipal corporation organized and existing under the Constitution and the laws of the California ("City"). and (Veronica Gontez) ("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 limding to assist Recipient with Expo Morelense USA, a festival showcasing an ancient indigenous tradition of' the central region of Mexico that is influenced by Lebanese immigration to Mexico in the late 1800s ("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. Public Purpose. The City believes there is a public purpose in increasing a sense of community connection through the understanding and respect for the culture, art. and dance of "chinelos." The event will also support local businesses, as it will attract out-of-town visitors reuniting with family and friends for this unique festival in Santa Ana. The foregoing is a general description of the public purpose. and is not necessarily the only public purpose to be gained from the C'onmmunib 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, FIVE HUNDRED DOLLARS ($4,500) 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 foil w use the funds lot such purpose or otherwise comply rulk with the terms of' this Agreement. City shall have the right to terminate this Agreement and demand the return of the limds pursuant to Section 3.2 below. 3.2 1erm: 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 Agreenent. 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 Often percent ( IW0) per annunt. \uu�ithstandin,,, the foreguin_. the indemnification prmisions ofthis Agreement shall suniNe any e.xpim0011 or termination of this Agreement. CITV OV SANTA ANA DONATION AGREEMENT Page 2 of S 3.3 Waivers. Insurance or Other obligations, For purposes of the City's protection. if the City determines that the runds will be used for a purlwse, which stay cause a signilicant 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 anwunts 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 Indenmlification. Recipient understands, acknowledges and agrees that Recipient shall assume all risks associated with the Community Benefit, including. hot not limited to. the possibility of death or serious trauma or igjw'y. To this end, therefore, Recipient shall defend. indemnify and hold City and its orticials, 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 wrongrul death, in any manner arising out oror incident to any and all acts, omissions, willful misconduct or other activities of the Recipient or its orticials, officers, employees, agents, guests, participants attendees, and couractOrs, including the perrormance of the Community Benefit or this Agreement, including Without limitation the payment Or all consequential damages and attorneys' lees and other related costs and expenses. The only exception to the Recipient's obligations hereunder shall be liar claims, deniancls, causes of action, costs, expenses, liabilities, losses, damages Or injuries caused by the sole negligence, sole willful misconduct or sole active negligence or the City. Recipient shall delend. at Recipient's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings or every kind that may be brought or instituted against the City, its officials, orricers. ennployces, agents, or volunteers. Recipient shall pay and satisfy any judgment, award or decive 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 thcnh in connection therewith or in enforcing the indemnity herein provided. Recipient's obligation to indemiliiy shall not be restricted or limited by ilISUrance proceeds, if any, received by the City, its oflicials. officers, employers, a- ins or volunteers. The indemnification provisions or this Agreement shall survive tiny expiration or termination of this Agreement. 3,6 L.Mire_Contract/Modification, This Agreement contains the entire agreement of' [lie Parties with respect to the subject matter hereof, and supersedes all prior negotiations. understandings or agreements. The terms and conditions orthis Agreement may be altered. modified or amended only by written agreement signed by both Parties. 3.7 Authority to linter Agreement. 'the person executing below on bchall' or Recipient represents and warrants that the Recipient has all regnisile power and authority to conduct its business and to execute, deliver and perform this Agreement. Gach Party ware ants 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-2022-040 CITY OF SANTA ANA DONATION AGREEMENT Page 4 of 5 IN WITNESS WI IERI OF, the parties hereto have executed this Agreement on the day and year first above written. K aisy Gomez Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: loq,-, Ryan O. od Assistant ity Attorney RECOMMENDED FOR APPROVAL: CITY OF SANTA ANA Kristine Ridge City Manager ARTIST: 4 n 4 Sign 1'r �� Print Name: T0fV1U(!A '�"-Ycwwl Address: SIGt £. C s�fu�t ` Ve- ti t CA `i;;=io Steven A. Mendoza Assistant City Manager Executive Director, Community Development Agency Cl I'N'Ole SANTA ANA DONATION A(;IiG:I,,MFN'I' Page 5 of 5 EXHIBIT A Request for Sponsorship Funds City of Santa Ana Title 0042 Powered by Submittable U 01/11/2022 by Veronica Gomez in Arts & Culture - Special id. 22229889 Event Sponsorship Request Form (SESRF) - 2021 verogomez004@gmail.com Original Submission 01/11/2022 Name of Primary Veronica Contact Gomez Contact Title Event Coordinator Name of Entity Expo Morelense Committee (organization, business, neighborhood association) Check the box that Individual/Community Group applies to your entity: Additional Applicant Names (if applicable) Physical Address 519 E Chestnut Ave Santa Ana CA 92704 US Mailing Address PO Box 1416 Tustin CA 92781 US Phone +17145996859 Email verogomez004@gmall.com Website https://carnavalmorelenseusa.org/ Event Name/Title Expo Morelense USA Event Date(s) 6/29/2022 Is this event open to Yes the public? Event Location(s) Centennial Park What city ward(s) will Ward 1 the event be located (click on link below to find wards)? Number of expected ..............._.._ ........_. 1000 attendance for your event Brief Description of For one day, families, students, community organizations, and Project businesses are invited to celebrate our heritage and culture. Our activities help strength communities. In addition, attendees will also be entertained by performances presented by local community organizations such as ballet folkloric groups and live music. Our best attraction this year is the famous "BRINCO DEL CHINELO" which is a mixture of cheerful music, masks, colorful and artesianed costumes and folklore. The event will also have local artisans selling their wares and local restaurants selling their delicious gastronomy. Describe the We believe that the impact of this Expo Morelense USA Celebration is community benefits an increased sense of community of this event connection through the understanding and respect for an ancient indigenous tradition of the Central region of Mexico. When gathering and forming "comparzas de chinelos" our participants can strength their identities and sense of belonging in USA. We proudly would love to mention that in this event we had the privilege to witness countless family and friends reunifications, after they have not seen each other for over 10 years. These moments are priceless memories that have left The Committee and other partner Community Leaders moved, touched and inspired to continue working despite of the controversies and challenges that we had faced. Another suggested impact is the great exposure of your business to the 100s of event attendees. Amount Requested 7500.0 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-officels pecial- event-sponsorship- policy Our biggest expense in the past has been city permits $2900 (about) and police and private security $4855 (estimated) We had tried our best to keep this event as authentic as we can, by inviting musicians and performers from Morelos Mexico. This is a huge expense as well, $6800 (estimate) Stage and Sound $4000. Cleaning $780 All expenses are estimates based on the past two events we hold back in 2018 and 2021. (Other Notes: If Centennial Park not available we will find a different location. Our website still under constructions please be patient) I agree