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HomeMy WebLinkAboutART SPREAD, THEINSURANCE NOT REQUIRED WORK MAY PROCEED CLERK OF COUNCIL DATE: MAY 0 3 2W p'. C,04 `Tray.Lee)�sr�� 1. PARTIES AND DATE CITY OF SANTA ANA DONATION AGREEMENT N-2022-112 This Donation Agreement ("Agreement") is made and entered into this 9" day of March, 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 The Art Spread ("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 Spread Art and Mental Health Awareness Exhibition, an event providing Santa Ana residents access to mental health professionals, art teachers, artists, and art ("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 making art and mental health accessible to all communities, especially minority communities where art and mental health have not been prioritized or shared with children, teenagers, or adults. During the exhibition, the public will learn about how art, as a form of therapy, influences mental health and vice versa. The event will feature local Orange County and national artists. 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 HUNDRED, TWENTY-EIGHT DOLLARS ($428) for this event because the City has determined that there is a public purpose to be served in supporting the Community Benefit. III 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 m 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 Ox SANTA ANA DONATION AGRrw- mri 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 farms, 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 AGRCEMCNT 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, CITY OF SANTA ANA N -2 02 2 -112 DONATION AGREEMFNT Page 4 of 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year First above written. ATTEST: a x`Sg, ` Daisy Gomez Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: /a I Ryan O. Igo e Assistant City Attorney RECOMMENDED FOR APPROVAL: CITY OF SANTA ANA Kristine Ridge City Manager ARTIST: W,,d— S 5�-d Sign Print Name: Nadin S. Said Address: 3401 S Main Street, Unit A, Santa Ana CA 92707 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 Submitttable f Title 0051 01 /30/2022 by Nadin Said in Arts & Culture - Special Event id. 22424395 Sponsorship Request Form (SESRF) -2021 3401 S Main Street Unit A Santa Ana, California 92707 United States 9519731064 nadinsaid@yahoo,com _............... _..., . _......__. _ .... ...... ..,.... Original Submission 01/30/2022 - .. ....... .__ ... ......... Name of Primary Nadin Contact Said Contact Title Managing Director Name of Entity The Art Spread (organization, business, neighborhood association) Check the box that Nonprofit 501(c)(3) applies to your entity: Additional Applicant Rawan Ita-Diaz Names (if applicable) Physical Address 3401 S Main Street Unit A Santa Ana CALIFORNIA (CA) 92707 US Mailing Address 3401 S Main Street Unit A Santa Ana Ca 92707 US Phone +19519731064 Email hello@theartspread.org Website theartspread.org Event Name/Title The Art Spread Art And Mental Health Awareness Exhibitior Event Date(s) May 21, 2022 Is this event open to Yes the public? Event Location(s) 227 N Broadway, Santa Ana, GA 92701 What city ward(s) will Ward 5 the event be located (click on link below to find wards)? _... Number of expected _..... .................. .......... 50 attendance for your event Brief Description of We are requesting funding to host our art and mental health Project awareness exhibition. This exhibition would provide Santa Ana residents access to a mental health professionals, art teachers, artists and art. Our goal is to make art and mental health accessible to all communities, especially In minority communities where art and mental health have not been prioritized or shared with children, teenagers or adults. Art is transformative in the creation process, just as it is when it Is purchased. We would love to give back to Santa Ana and strengthen the community's art scene in a therapeutic way. Describe the The Art and Mental Health Awareness Exhibition would benefit the community benefits Santa Ana community and residents in many ways. First, the of this event exhibition brings art and mental health together. Our nonprofit Is dedicated to leading artists with adversity to success and spreading empathy through art. In this exhibition, the community will learn about art Influencing mental health and vice versa. Art In Its creation Is a form of therapy and releases thoughts that words cannot express. Marina Braff, MFT, will share with residents how art can be a healthy way to release stress, anxiety and depression. It also allows an audience to feel and see what a person is experiencing, helping people relate to one another much more effectively. Second, International art teacher Elham Sarvi will lead an art creation course during the exhibition. Children and adults can feel and experience how art is a form of therapy, and also learn how to make art with usl Third, we will feature local Orange County and national artists. This allows Santa Ana residents to experience the art scene nationally, which is lacking in Santa Ana. Residents can see how New York, Charlotte and Detroit artists are expressing themselves (7 in total), which makes art accessible and creates further inspiration for our unknown local artists. We will have affordable art where residents can purchase and transform their spaces, while spreading the mission of empathy. Fourth, we want to find more local artists to mentor and share with the world! This would be the perfect location to find artists. We chose Chapter One because of its accessibility, location and deep roots with the community. Chapter One has perfect outdoor space and a private room that can keep the art safe and accessible. Chapter One offers food created by local and organic ingredients. It is a reliable, trusted location that anyone in the community can park for free and attend. Before choosing Chapter One, we called many cafes, museums and spaces. The spaces and locations were either permanently shut down or did not respond after multiple calls, emails and visits. We are excited for the opportunity to host this event and make a big difference our the Santa Ana community. Amount Requested 875.0 -Proposed Use of We will need $250 for the speakers. Our speaks will include our Funds resident therapy, Marina Braff MFT. Her discounted rate Is $175.00 for the event. We will need art supplies to have our local art teacher, Elham Sarv!, to lead the very interactive part of teaching art and having Santa Ana residents create their own masterpieces, free of charge. Estimated cost for art supplies (art paper, paint, paint brushes, crayons, markers) $75.00. We will need $625 for the venue and food. We want this exhibition to leave a strong impression with our community. By providing art, mental health and food, residents will feel, taste and smell how our nonprofit cares about Santa Ana and gives back to our residents. 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- ane.org/ed/arts- culture-office/specs a I - event -sponsorship. policy