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Home My WebLink AboutROJAS, ALICIA (3)INSURANCE NOT REQUIRED WORK MAY PROCEED CITY CLERK N-2023-339 DATE*- DEC 1 3 Z0Z3 0. CC)ACO) C1. ve) MI, CITY OF SANTA ANA DONATION AGREEMENT 1. PARTIES AND DATE This Donation Agreement ("Agreemenf') is made and entered into this 20", 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 Alicia Rojas ("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 "Celebrating — Las Poderosas de Latino Health Access," ("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 PMos . The City believes there is a public purpose in creating public art to bring awareness and visibility to the efforts of community health advocates and first responders who took on the urgent work of reducing the spread of COVID-19 among vulnerable populations in Santa Ana. Additionally, these inclusive cultural and art experiences can inspire personal and social changes. 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 SEVEN THOUSAND DOLLARS �$7,000) for this event because the City has determined that there is a public purpose to be served in supporting the Community Benefit. To executing this Agreement and receiving the funds, Recipient agrees to use the fimds 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 Agreern . 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 5 3.3 Waivers, Insurance or Other Obligations. For purposes of the City's protection, if the City determines that the fands 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 Cit . 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 anyjudgment, 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 AGRE EMENT 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. Crry OF SANTA ANA DONATION AGREEMENT Page 3 of 4 N-2023-339 individuals who have signed this Agreement have the legal power, fight, 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 An drea Garcia -Miller Assistant City Attorney RECOMMIENDED FOR APPROVAL: )1�6 /. /Avo- MICHAEL L. GARCIA CITY OF SANTA ANA ,AV '0 Aq IrHOMAS R- HAYCH Interim City Manager RECIPIENT: ALICIA ROJAS /,.,;L3 1205 W. St. Gertrude Place Santa Ana, CA 92707 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 () Title L71111Y by alicla rojas in Arts & Culture - Special Event Sponsorship Request Form (SESRF) - 2023 1205 W Saint Gertrude Place Santa Ana, California 92707 CA United States 7149075468 aliciarojasart@gmail.corn Original Submission Name of Primary Alicia Contact Rojas Contact Title artist Narne of Entity Alicia Rojas - Artist (organization, business, neighborhood association) Check the box that Individual/Community Group applies to your entity: Additional Applicant Names (if applicable) Physical Address 1205 W SAINT GERTRUDE PL SANTA ANA CA 92707-3132 us Mailing Address 1205 W SAINT GERTRUDE PL SANTA ANA United States 92707-3132 us Phone +17149075468 Email aliciarojasart@grnail.com Website www.alicia-rojas.com 10/25/2023 id.44502110 10/3012023 Event Name/Title Celebrating - Las Poderosas de Latino Health Access Event Date(s) 06/29/2024 Is this event FREE Yes and OPEN to the public? Event Location(s) Latino Health Access - 4th St and Ross What city ward(s) will Ward 5 the event be located (click on link below to find wards)? Number of expected 200+ attendance for your event Brief Description of I want to elevate the stories of "Las Promotoras" de Latino Health Access, Project a group of community health advocates who took on the urgent work of reducing the spread of COVID-1 9 by advocating for the health of their ostracized community. Through "Las Promotoras," we can provide greater visibility and accessibility to the amazing efforts of everyday women who, although not trained as medical professionals, nevertheless fought for the survival of their communities with incredible heart and determination. Producing a cultural and arts event to celebrate these first responders as PODEROSAS (powerful women) asserting them as heroes in American history. Describe the During 2020, our country was forever changed by a seismic shift that community benefits shined a light on the cracks of our democracy, our justice system, and our of this event lack of equity in health care. The inter -relationships of how we view and create public art as a society was transformed as we witnessed the dismantling of symbols of the Confederacy and white supremacy throughout the BLM protests. Now it's our responsibility to re -envision what public art looks like in our communities, what stories we choose to tell, whose voices we uplift and what we celebrate as part of American history, As our country sees the rise of hate crimes against minorities, it's more important than ever to create cultural and art experiences that are inclusive of underrepresented voices via storytelling engagement processes that can inspire personal and social change. Amount Requested 15000.0 Proposed Use of Closing the street city permit fees and County fees (barricades, signs, Funds portable bathrooms, extra security, meter fees, traffic redirect) $4000 Insurance $1000 Music Entertainment $2500 (live music artists fees and stage area) Video and Pictures $2000 (Marketing and documentation) Art installations of Poderosas (Banners public art for festival) $3000 Booklet (celebratory publication) $2500 By submitting this I agree application, I have read and agree to be bound by the ternis and conditions of the Sponsorship Policy found on the website: https://www;santa- ana,org/cd/arts- CUlture-office/special- event-sponsorship- policy