The URL can be used to link to this page

Home My WebLink AboutDIAZ, JONATHAN MARTINEZINSURANCE NOT REQUIRED WORK MAY PROCEED CITY CLERK N-2023-322 DATE: NOV 3 0 ZR3 p.cnA(0) CS. L�) A' ' 1. PARTIES AND DATE CITY OF SANTA ANA DONATION AGREEMENT This Donation Agreement ("Agreement") is made and entered into this 151 day of November, 2023, 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 Jonathan Martinez Diaz ("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 Drawing with "Art of the Endangered," drawing workshops teaching about local wildlife held on four (4) selected dates from October 7, 2023 through January 6, 2024 ("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 offering the residents and visitors to Santa Ana an opportunity to learn drawing techniques and process from a renowned muralist while learning about the local wildlife at the Santa Ana Zoo. The event will be held at four Art Walks and promote attendance to the zoo, while also encouraging youths to engage in an artistic career. 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 THOUSAND, FOUR HUNDRED, SEVENTEEN DOLLARS ($4,417) 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 AGREEMENT Page 2 of 4 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 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 AGREEMENT N-2023-322 Page 3 of 4 individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement bind each respective Party. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. [filt>r'L�1 Tom Hatch Interim City Manager APPROVED AS TO FORM: SONIA R. CARVALHO RECIPIENT: City Attorney By. (to G 4, A, ('L u —� Andrea Garcia -Miller d0fAATHAN MARTINEZ DIAZ Assistant City Attorney 2019 N. Broadway, Apt. D Santa Ana. CA 92706 RECOMMENDED FOR APPROVAL: 4 MICHAEL L. GARCIA Executive Director, Community Development Agency CITY OR SANTA ANA DONATION AGREEMENT Page 4 of 4 EXHIBIT A Request for Sponsorship Funds City of Santa Ana Title 0007 by Jonathan Martinez Diaz in Arts & Culture - Special Event Sponsorship Request Form (SESRF) - 2023 2019 N Broadway Apt D Santa Ana, California 92706 7144881378 artoftheendangered@gmail.com Original Submission Name of Primary Jonathan Contact Martinez Diaz Contact Title Artist Name of Entity Art of the Endangered (organization, business, neighborhood association) Check the box that Individual/Community Group applies to your entity: Additional Applicant No additional applicants. Names (if applicable) Physical Address 2019 N. Broadway Apt D Santa Ana California 92706 us Mailing Address 2019 N Broadway Apt D Santa Ana California 92706 us Phone +17144881378 Email artoftheendangered@gmail.com Website www.artoftheendangered.com Event Name/Title Drawing with 'Art of The Endangered' Powered by Submittable U° 08/23/2023 id. 43836679 08/23/2023 Event Date(s) October 7, 2023, November 4th, 2023, December 2, 2023, January 6, 2023 Is this event FREE Yes and OPEN to the public? Event Location(s) Santa Ana Artist Village Art Walk - 207 N Broadway Santa Ana, CA 92701 What city ward(s) will Ward 3 the event be located Ward 5 (click on link below to Ward 2 find wards)? Number of expected 50 or more per drawing session. attendance for your event Brief Description of For the pass four years I had the incredible privilege to organizing and do Project drawing workshops across California. From Santa Ana all the way up to San Francisco. Working with different art organizations and companies. Most of these workshops are held at special art events for their communities. I want to bring these drawing workshops to the Art Walk here in Downtown Santa Ana. I plan to do four. From October - January at each Art Walk. During these workshops the community will be able to draw using my techniques and learning about our local wildlife. Encouraging our youth to attend. Describe the During these live and in person drawing workshops the community will be community benefits able to learn my different drawing techniques I use for my drawings. The of this event community will also learn about my drawing process. Focusing on drawing wildlife that's found at the Santa Ana Zoo. It will encourage people from our community that haven't visit the Zoo yet to do so. I will also tie in the incredible work the Santa Ana Zoo is doing with the many of animals species the have in their care by teaching the community about the animals they have in their care. It will be a great lesson for the community how Art and Wildlife go hand by hand. I also hope to always inspire our youth in our community to go after their creative careers. To do so, I will be reaching out to SAUSD Arts to encourage their students to come to these workshops. In the long run I plan to do these workshops year round for our community always free to the public. The plan is to educate and teach how art can lead into incredible opportunities and careers. Amount Requested 6000.0 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-office/special- event-sponsorship- policy Rental of equipment, chairs, tables, lighting, canopy $400 Cost to buy drawing materials and paper - $1,500 Assistant to help out during workshops - $500 Prep drawing temples and drawing kits people will be able to take home - $800 Press release and Advertising - $300 Cost for Artist and time to do all four workshops $2,500 Total: $6,000.00 I agree