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Home My WebLink AboutBERNAL YENNY dba UPLIFTING SOUL ART EVENTSCity 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TERMINATION FORM Please complete this form in its entirety when the attached agreement and all amendments (if any) are no longer in effect.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 Return farm to the Clerk of the Council Office (M-30). Cali 447-1520 if you have any questions. COTC Office Use OW C2-o 22, oji,v of Santa Ana JAN 112024 City Clerk's Offilce The agreement with `��vl� 5exylea Abet (AVI q'ii A ,�Ottt -AY'- &-tVA -S. No. N-2022-057 was completed on kill 2, and final payment has been made. (List all amendments. Use space below if needed) Department: Phone/Ext.: Signature: Date: hagreementsJormsVorm - agreement termination forn`goidenrod.doc iiyaUiIAKCL nJT RJ�JI,icJ WORK MAY PROCEED CLERK OF COUNCIL N_2p22-057 DATEMAR 10 202Z r. Cog �trawile�Co�r r. 1. PARTIES AND DATE, CITY OF SANTA ANA DONATION AGREEMENT This Donation Agreement ("Agreement") is made and entered into this 28th day of February, 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 Yenny Bernal DBA Uplifting Soul Art Events ("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 Galeria of Imagination's Community Art Classes and Exhibitions, a free bi-weekly series of art classes for youths and senior citizens at the MainPlace Mall in Santa Ana ("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 art classes that combine fine art with a Latino heritage -based curriculum and guided towards emotional healing as well as personal and literary growth. The series will also showcase a musical act with live art during the classes. The classes can assist with social -emotional development while building an artistic skill set. 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 ONE THOUSAND, TWO HUNDRED, EIGHTY-FOUR DOLLARS ($1,284) 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 AGRrmw NT 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 exph�ation 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-2022-057 CITY OF 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: k of the Council �� 0 a D.Gomez7 APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Rya*0.o�,tv Assrney RECOMMENDED FOR APPROVAL: CITY OF SANTA ANA ;7 .— �— Kristine Ridge City Manager ARTIST: Print Name: Yenny Bernal 1666 N Main St. Ste 103, Address: Santa Ana, CA 92701 Steve% A�e za Assistant Ci Manager Executive 1irector, 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 Suba table U Title 00455 01 /19/2022 by Yenny Bernal in Arts & Culture - Special Event id. 22311657 Sponsorship Request Form (SESRF) - 2021 upiiftingsoulart@gmail.com ...... ....... ........ . _...... Original Submission 01/19/2022 Name of Primary yenny Contact bernal Contact Title Sole Proprietor Name of Entity Uplifting Soul Art Events (organization, business, neighborhood association) Check the box that For -profit Business (retail, gallery, restaurant, etc.) applies to your entity: Additional Applicant Va Names (if applicable) Physical Address 1666 N Main St Ste 103 Santa Ana CA 92701 us Mailing Address 1666 n main St Ste 103 SANTA ANA ca 92701 us Phone +19495451666 .......... ....... Email upliftingsoulart@gmail.com Website http://upliftingsoulartevents.cond Event Name/Title Galeria of Imagination's Community Art Classes and Exhibitions Event Date(s) March, 4th, 18th. April. 8th, 22nd. May 6th, 20th. Is this event open to Yes the public? Event Location(s) Galeria if Imagination at MainPlace Mall In Santa Ana What city ward(s) will Ward 3 the event be located (click on link below to find wards)? Number of expected 40 per date. 2 sessions of 20 students attendance for your event Brief Description of Our goal is to host 2 bi-weekly free -of -cost enriching youth and Project senior art classes during Mar. Apr. & May at Galeria of Imagination located at the MainPlace Mall in Santa Ana. We will be combining a fine art and Latina heritage curriculum with 2-hour classes guided towards emotional healing, as well as personal and literacy growth for a brighter future for our youth and a healthy lifestyle for our senior citizens. We will also host a musical act and live art during the classes. Describe the Your support would allow me and my team of art instructors to community benefits expand our passion and knowledge for art in the city of the Arts of of this event OC. As a teacher for the last 10 years for OCCTAC, DTSA Artwalk, MainPlace Mall, Bowers Museum, Arts OC, Chapman University I know first-hand about the benefits that art therapy brings to our residents. Especially In an underserved community like Santa Ana, We can assist with social -emotional development as well as artistic set skill that will improve the lives of anyone who participates. Amount Requested 10000.0 Proposed Use of Workshops x 6 40 STUDENTS X DAY = 40X$25 (tuition & materials) Funds = $1,000 Live Music $250 Live Art $200 $1,450 x 6 = $8,700 Admin (promotion, bookings, Insurance) $1,300 Total: $10,000 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:l/www.santa- ana.org/cd/arts- culture-officelspecial- event-sponsorship- policy