HomeMy WebLinkAboutEL CENTRO CULTURAL DE MEXICO (2)INSURANCE NOT REQUIRED N-2022-116
WORK MAY PROCEED
CLERK OF COUNCIL
DATES
MAY 0 3 2022 CITY OF SANTA ANA
CX�A(Tlfam [-1Av) 0 DONATION AGREEMENT
1. PARTIES AND DATE
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 El Centro
Cultural de Mexico ("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 Musica en Movimiento, an event promoting civic engagement through arts and
culture ("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 a space for
presenters and attendees to share how to be more involved within their city. Attendees will consist
mainly of students from surrounding colleges and universities as well as from the Santa Ana Unified
School District. The attendees will also have an opportunity to present about their project action
research where they identify issues affecting their cities and provide solutions. 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, SIX HUNDRED, SIXTY-THREE DOLLARS ($1,663) 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 Or, SANTA ANA
DONATION AGRCEMI Nr
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/releaso 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 porformance 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 or. SANTA ANA
DONATION AGUE, MENT
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-2022-116
cn,or•S N'%ANA
Do,, \I io\ AC ItEUNtENI
Page 4 of j
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:
Rya*Oo Assrney
RECOMMENDED FOR APPROVAL:
CITY OF SANTA ANA
:; 4�
Kristine Ridge
City Manager
ARTIST:
x!
r
S
Print Name: � lYNt^ Z� 1 ez
Address:-10(oS VantJos SaaVAvt c�
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 Submittable V
Title 0054 02/03/2022
by Benjamin Vazquez in Arts & Culture - Special id. 22481881
Event Sponsorship Request Form (SESRF) -
2021
benjaminemail71 @gmail.com
. .......... ...... _.......... ... ..... .
Original SubPTtission 02/03/2022
Name of Primary Benjamin
Contact
Vazquez
Contact Title
f v.,
Name of Entity
El Centro Cultural de Mexico
(organization,
business,
neighborhood
association)
Check the box that
Nonprofit 501(c)(3)
applies to your entity:
Additional Applicant
Carolina Sarmiento
Names (if applicable)
Physical Address
837 N Ross
Santa Ana
CA
92701
u5
Mailing Address
706 South Van Ness Avenue
Santa Ana
CA
92701
us
Phone
+17142354736
Email
benjaminemail@hotmall.com
Website
www.ofeentroculturaldemexico.org
Event Name/Title
Musica en Movimiento
Event Date(s)
May 6, 2022
Is this event open to
Yes
the public?
Event Location(s)
837 N Ross, Santa Ana, CA 92701
What city ward(s) will
Ward 5
the event be located
(click on link below to
find wards)?
Number of expected
1000
attendance for your
event
Brief Description of
MUSiGa an Movimlento is a space were Civic Engagement is
Project
celebrated using culture. Attendees and presenters will share how to
be more involved within their city. Musica an Movimlento is space
where music of activism Is centered and honored. Local grassroot
and nonprofit acitivist will present their work and inform attendees
how to get Involved in local campaigns to improve their community.
Attendees this year will expand to Invite university students at CSU
Fullerton, Chapman U, UCI and students from SAUSD who will actively
participate by presenting their research about Santa Ana or help the
organizing of the event.
Describe the
The event will honor the hard work of people who have changed the
community benefits
landscape of the city but also teach the attendees how to actively
of this event
engage in their city for the betterment of all.
SAUSD High school students will be able to present youth project
action research where they find a problem in the city and provide
solutions.
College students will support the event and/or bring research into the
community on various issues that may affect Santa Ana.
Amount Requested
10000.0
Proposed Use of
Funds will be used to:
Funds
provide tables, chairs and canopies. $500
for a headline musical group. $2500
for a keynote speakers. $1000
for event organizers. $1500
materials for presenters. $1300
rent sound equipment and stage. $2000
Busing in HS students $1200
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:/Jwww.santa-
ana.org/cd/arts-
culture-office/s pecial-
event-sponsorship-
policy