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HomeMy WebLinkAboutVIETNAMESE AMERICAN ARTS & LETTERS ASSOCIATION (2)INSURANCE NOT REQUIRED WORK MAY PROCEED CITY CLERK PATE: NOV 3 0 2O23 o: c Dp lo) CT. Le) /Vta 1. PARTIES AND DATE CITY OF SANTA ANA DONATION AGREEMENT N-2023-324 This Donation Agreement ("Agreement") is made and entered into this 15T" 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 Vietnamese American Arts & Letters Association ("Recipient"). City and Recipient are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. 2. RECrrALs 2.1 Community Benefit. The City wishes to provide Recipient with funding to assist Recipient with Viet Film Fest, an annual international Rho festival which was held from September 30 through October 13, 2023 ("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 celebrating Vietnamese stories and voices in cinema. The event will highlight the diverse aspects of Vietnamese culture, history, and heritage; foster cross-cultural understanding and appreciation; and provide a space for community members of all ethnicities to come together, exchange ideas, and strengthen their sense of identity, as well as have a positive economic impact for the city. 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 ELEVEN THOUSAND, SIX HUNDRED, SIXTY-SEVEN DOLLARS ($11,667) 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 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 bey. 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 expiation 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 4 N-2023-324 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. APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney B d� i cff, At [t M - Andrea Garcia- filler Assistant City Attorney RECOMMENDED FOR APPROVAL: rim ✓�, ,I CITY OF SANTA ANA :�;k — Tom Hatch Interim City Manager RECIPIENT: YSA LE Vietnamese American Arts & Letters Association P.O. Box 20218 Fountain Valley, CA 92728 MICHAEL L. GARCIA Executive Director, Community Development Agency CITY OF SANTA ANA DONATION AGREEMENT Page 4 of 4 EXHIBIT A Request for Sponsorship Funds City of Santa Ana Powered by Submittable U Title 0013 by Ysa Le in Arts & Culture - Special Event Sponsorship Request Form (SESRF) - 2023 PO BOX 20218 FOUNTAIN VALLEY, California 92728 CA United States 7149142260 ysale@vaala.org Original Submission Name of Primary Ysa Contact Le Contact Title Executive Director Name of Entity Vietnamese American Arts & Letters Association (VAALA) (organisation, business, neighborhood association) Check the box that Nonprofit 501(c)(3) applies to your entity: Additional Applicant Names (if applicable) Physical Address 9574 Moss Glen Ave. Fountain Valley CA 92708 us Mailing Address P.U. Box 20218 Fountain Valley CA 92728 us Phone +17149142260 Email ysale@vaala.org Website www.VietFilmFest.com 09/11 /2023 id. 44022097 09/11/2023 Event Name/Title Viet Film Fest Event Date(s) September 30 through October 15, 2023 online with in -person screenings on October 6th & 7th Is this event FREE Yes and OPEN to the public? Event Location(s) The Frida Cinema, 305 E. 4th St., Santa Ana. CA 92701 What city ward(s) will Ward 1 the event be located Ward 2 (click on link below to Ward 3 find wards)? Ward 4 Ward 5 Ward 6 Number of expected 2,500 people for these 2 days of in -person screenings + 2,500 online attendance for your event Brief Description of The mission of Viet Film Fest is to celebrate Vietnamese stories and Project voices in cinema. The 2023 festival will take place from September 30 through October 15 with 2 days of in -person screenings on October 6 & 7 at the Frida Cinema. With 9 in -person screenings and a virtual program with additional films, the festival aims to highlight the diverse aspects of Vietnamese culture, history, and heritage, fostering cross-cultural understanding and appreciation, and provide a space for the community members of all ethnicities to come together, exchange ideas, and strengthen their sense of community. Describe the * Cultural Enrichment: Viet Film Fest provides an opportunity to explore and community benefits celebrate Vietnamese culture, heritage, and the art of storytelling through of this event film. Attendees can gain a deeper understanding of Vietnamese history, traditions, and contemporary issues depicted in the films. "a * Viet Film Fest is accessible to the community members. The Opening Night film, the "Spectacular Adventure of Little Prodigy" is free admission to senior citizens over 65 years old. Discount tickets are offered to high school students with ID and senior citizens over 65. Two 3pm screenings on Friday, October 6th will be free for Santa Ana residents. High School students will have $2 discount on their tickets. * Engagement and Networking: The festival often hosts Q&A sessions, panel discussions, and networking events with filmmakers, actors, and industry professionals. This allows community members to interact with those involved in the film industry and learn about the creative process.['. Many filmmakers will be coming from out of town, and even out of the country, to attend Viet Film Fest. We will invite them to use the hotel accommodation and try the great restaurants in Santa Ana. * Awareness of Social Issues: Many films showcased at Viet Film Fest address significant social and cultural topics. Community members can gain insights into these issues and engage in meaningful conversations about them.[]For example, the screening of the documentary "Refuge After War" will be followed by a panel discussion with the filmmakers and activists, examining the after -math -of -the -war issues faced by refugees from Afghanistan in recent years and Vietnam from the late 1970s and 1980s. * Support for Local Talent: Viet Film Fest often features works by Vietnamese and Vietnamese -American filmmakers. Supporting these filmmakers can inspire and empower local talent within the community. * Entertainment and Enjoyment: Beyond cultural and educational aspects, Viet Film Fest offers an enjoyable cinematic experience. It's an opportunity for community members to watch a diverse range of films, from drama to comedy to documentaries. In summary, Viet Film Fest offers a multifaceted experience that can enrich, entertain, educate, and inspire community members while fostering a deeper connection to Vietnamese culture and storytelling. Amount Requested 15000.0 Proposed Use of We will use the funds for: Funds - Theater rental: $11,000 - Film processing to make the content in a DCP format to screen in the theater); DCP (digital cinema package) is the standard delivery format for film screenings in theaters. $2,000 - Website to provide information to the audience: $1,000 - Printing (banners, movie posters to display at the theater, and postcards): $1,000 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://www.santa- ana.org/od/arts- culture-office/s pecial- event-sponsorship- policy