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Home My WebLink AboutDTSA FEEL GOOD EVENTSINSURANCE NOT REQUIRED WORK MAY PROCEED CITY CLERK N-2023-335 DATE: DEC 1 1 2023 D.coACf ) CITY OF SANTA ANA DONATION AGREEMENT PARTIES AND DATE This Donation Agreement ("Agreement") is made and entered into this 15To 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 DTSA Feel Good 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 Tamal Fest, an annual food festival showcasing local restaurants, businesses, and live entertainment to be held on December 16, 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 Mexican culture and heritage through music, food, and affirmations that demonstrate the richness of the culture that has been embedded in the city. Additionally, such event will stimulate the economic development of the area. 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 TWELVE THOUSAND, THREE HUNDRED, SIXTY-SEVEN DOLLARS ($12,367) 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-2023-335 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. ATTEST: APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney CITY OF SANTA ANA rWU' Tom Hatch Interim City Manager la*4il:JI4k1kM Andrea Garcia -Miller EDDIE QUILLARES JR. Assistant City Attorney DTSA Feel Good Events 415 N. Broadway Santa Ana. CA 92701 RECOMMENDED FOR APPROVAL: 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 Title 0009 by Jesse Marquez in Arts & Culture - Special Event Sponsorship Request Form (SESRF) - 2023 jesse-marquez@sbcglobal.net Powered by Submittable v 08/30/2023 REM ::•.. Original Submission 08/30/2023 Name of Primary Jesse Contact Marquez Contact Title Vice President Name of Entity DTSA Feel Good Events (organization, business, neighborhood association) Check the box that Nonprofit 501(c)(3) applies to your entity: Additional Applicant Eddie Quillares Jr Names (if applicable) Physical Address 415 N Broadway Santa Ana CA 92701 us Mailing Address 415 N Broadway Santa Ana CA 92701 us Phone +19494003828 Email jesse-marquez@sbcglobal.net Website dtsafeelgoodevents.com Event Name/Title Tamal Fest Event Date(s) December 16, 2023 Is this event FREE Yes and OPEN to the public? Event Location(s) Fourth St, between N Broadway and N Ross What city ward(s) will Ward 4 the event be located (click on link below to find wards)? Number of expected 10,000 attendance for your event Brief Description of Tamal Fest is an annual family friendly food festival that curate's local food, Project businesses, and live entertainment. This event showcases many local restaurants from Santa Ana such as, Perla Mexican Cuisine, El Indio Botanas y Cervezas, Chapter One, Chevita's Bagels & Juice, La Vegana Mexicana, Casa Oaxaca with their own family -inspired and creative tamal recipes. Tamales were the first dish made from corn in Mesoamerica. Evidence of tamal cooking dates back to ancient civilizations in Mexico as early as 8000 BC. Many historians believe that tamales were first made by the Aztecs ten thousand years ago. Describe the The Downtown Santa Ana (DTSA) Feel Good Events mission is to bring community benefits events to the downtown Santa Ana area that promote the Mexican culture of this event and heritage to our community. We believe that the Mexican culture in our communities is rich in its traditions & customs. Our goal is to host events that will celebrate those traditions. Through music„ food, and affirmations that demonstrate the richness of our culture that has been embedded in downtown Santa Ana. Just as importantly, we want to contribute in the growth of the Downtown Santa Ana economy. Our desire is that these events will help the local small business owners benefit financially and be recognized globally for their crafts. Amount Requested 15000.0 Proposed Use of City permit $2,000, security guards $1,600, set-up/clean-up staff $2,000, Funds stage $1,200, sound $1,000, entertainment $6,000, marketing $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/cd/arts- culture-office/s peci al - event -sponsorship - policy