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HomeMy WebLinkAboutBACKHAUS DANCE (3)INSURANCE NOT REQUIRED N-2023-352 WORK MAY PROCEED CITY CLERK DATE: o . Lu a c0) JAN 0 2 2024 CITY OF SANTA ANA DONATION AGREEMENT 1. PARTIES AND DATE This Donation Agreement ("Agreement") is made and entered into this 15" 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 Backhaus Dance ("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 "Dance Connect/CommUNffY Through Dance," ("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 dance students from local middle schools, high schools, community college, and community organizations an opportunity to be part of the creation and choreography of a new contemporary dance performance to be held at Phillips Hall Theater in Santa Ana College. The free performance for the public will consist of the students' performance of this new dance composition as well as a separate performance by the professional dancers from Backhaus Dance. Furthermore, it will connect students with professionals in the field, creating mentorship opportunities while demonstrating for them a viable career in the arts. 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, SEVEN HUNDRED, SEVENTY-FIVE DOLLARS ($7,775) 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. CITY Or SANTA ANA DONATION AGREEMENT Page 2 of 4 Notwithstanding the foregoing, the indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. 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 indernnity 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. CITY OF SANTA ANA DONATION AGREEMENT N_2023-352 Page 3 of 4 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 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: 1� ENNIFE L HAL City c APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney B Andrea Garcia -Miller Assistant City Attorney RECOMMENDED FOR APPROVAL: CITY OF SANTA ANA HOMAS R. HATCH Interim City Manager RECIPIENT: JENNIFER BACKHAUS Backhaus Dance P.O. Box 5890 Orange, CA 92863 MI AEL 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 0035 10/09/2023 by Nancy Warzer-Brady in Arts & Culture - Special id. 44333518 Event Sponsorship Request Form (SESRF) - 2023 nancy@backhausdance.org Original Submission 10/09/2023 Name of Primary Nancy Contact Warier -Brady Contact Title Director of Education and Community Engagement Name of Entity Backhausdance (organization, business, neighborhood association) Check the box that Nonprofit 501(c)(3) applies to your entity: Additional Applicant Backhaus Dance Names (if applicable) Physical Address P. O. Box 5890 Orange CA 92863 us Mailing Address P. O. Box 5890 Orange CA 92863 US Phone +19497517874 Email nancy@backhausdarice.org Website www.backhausdance.org Event Name/Title Dance Connect Santa Ana: CommUNITY through Dance Event Date(s) April 27, 2024 and May 11, 2024 Is this event FREE Yes and OPEN to the public? Event Location(s) Santa Ana College, 1530 W. 17th Street, Santa Ana, CA 92706 (dance studio and Phillips Hall Theater) What city ward(s) will Ward 5 the event be located (click on link below to find wards)? Number of expected 500 attendance for your event Brief Description of Backhausdance presents "Dance Connect Santa Ana: CommUNITY Project through Dance" in spring 2024. Held in partnership with the Santa Ana College Dance Department, this free program is designed to bring the joy and vibrancy of contemporary dance to Santa Ana residents of all ages and abilities. Our special event at SAC is in two parts: a choreography and creation workshop on April 27 to dance students from SAC, SAUSD middle/high schools and community organizations, and a performance by Backhausdance on May 11 premiering new work in the Phillips Hall Theater. The evening's program begins with students presenting their new dance composition, Describe the Our uplifting special event "Dance Connect Santa Ana/CommUNITY community benefits Through Dance" celebrates the art of dance and deepens our connections of this event to community and our cultural heritage. Through artistic creation, breathtaking performance and conversations about dance, we will build bridges and expand the positive, collective impact we can make on increasing capacity for continued collaboration, focused on equity, inclusion and access. Our program unifies and illuminates Santa Ana -based dance programs for youth, students, aspiring artists, educators, adults and seniors of all abilities. Additionally, we will be supporting existing and creating new opportunities for youth and college students to work with professional dancers to learn about creative career pathways while instilling lifelong love and pursuit of dance and the arts for wellness, social connection and joy. It is our hope and intention to make this a free annual event to be held at Santa Ana College in collaboration with the dance department. 'Dance Connect/CommUNITY Through Dance" additional benefits for the community: - Embraces, amplifies and empowers our future dancers/artists, innovators and leaders. - Provides audiences of all ages and abilities with the opportunity to experience the art form of contemporary dance through Backhausdance, Orange County's award -winning professional dance company and non- profit organization, founded in 2003. The highly -engaging performance with 14 dancers features new pieces for our 21 st season, premiering in Santa Ana. The pieces include choreography by Jennifer Backhaus, artistic director, Amanda Kay White, associate artistic director, and renowned guest choreographers Alice Klock and Florian Lochner of Flock Works. The works tell stories of human relationships, love, and compassion. - Provides quality family time and a special night out to attend an enriching and extraordinary cultural arts experience and to possibly watch a family member dance on stage (SAC and/or SAUSD student) at no cost. (Backhausdance presents dance education programs in SAUSD elementary and secondary schools through a strong partnership with SAUSD Arts and long-term relationships with high school dance teachers as well as teaching afternoon/evening dance classes for youth with the City of Santa Ana Parks, Recreation and Community Services Agency. The May 11th performance enables students of all grade levels and their families to see the company perform in the heart of the community at Santa Ana College. Elementary school students will be able to see some of their Backhausdance teaching artists in the Phillips Hall Theater rather than a multipurpose room or blacktop at their schools.) - Sends good and positive energy into the cormunity and the world through dance. Encourages students and people of all ages and abilities to dance and move for overall health and wellbeing. Backhausdance vision: dance everyday for every body. - Inspires some students to pursue dance and the arts as a viable career option, to study further, take classes during and after school through the City of Santa Ana Parks, Recreation and Community Services or other community organizations and consider enrolling in Santa Ana College dance classes and beyond, - Creates a sense of ownership and empowerment for the student dancers in the April 27th workshop at SAC. They will be given firsthand experience in the choreographic/creative process while being supported and taught by a professional dancer. - Promotes a sense of belonging to the world of dance by offering a free, entertaining and inspiring event for the community. - Sparks understanding and enthusiasm for dance (and music) as an engaging form of important physical activity for creative expression, staying fit, being healthy, relieving stress, strengthening cognition and memory, language development and finding inner contentment. Dance teaches life skills, body awareness, teamwork, confidence, and communication which are vital tools to succeed in life. - Motivates audiences to consider enrolling themselves and/or their children/grandchildren in a dance or fitness class within Santa Ana, benefiting the local arts and business econorny. Amount Requested 15000.0 Proposed Use of Proposed Use of Funds: "Dance Connect Santa Ana/CommUNltY through Funds Dance," Spring 2024 I. Special Event Production: $2,125 II. Equipment, Materials and Supplies: $1,250 III. Marketing and Communications: $1,775 IV. Artistic Personnel: $9,850 Total request: $15,000 Breakdown of Expenses: I. SPECIAL EVENT PRODUCTION a. Facility rental fees for 5 days of studio use for Backhausdance company rehearsals. Fee is $50/hour x 3.5 hours = $175/day x 5 days = $675 (Backhausdance will cover expenses for additional 3 days of rehearsals = $525) b. Phillips Hall Theater, SAC dance studio and campus security Santa Ana College Dance Department/ Fine and Performing Arts will cover the rental costs for use of the facility and campus security. c. Contracted stage manager, audio/sound and lighting technician for the event tech and performance ($12.5/hour x 6 hours =$750) $750 d. Insurance (Liability, D&O, workers compensation) $500 e. Online registration ticketing platform for free workshop and special event - fee will be covered by Santa Ana College f. Backhausdance and SAC volunteers will handle check -in for workshop and box office Total Special Event Production $2,125 II. EQUIPMENT, MATERIALS AND SUPPLIES a. Costumes $750 Simple costumes for student dancers who participate in the workshop and will be performing in the May 11th event. Backhausdance will provide costumes for company members that have been designed for each piece in the performance (expenses are $4,500). b. Signage/Banners $500 Total Equipment, Materials and Supplies $1,250 III. MARKETING AND COMMUNICATIONS a. Contract Graphic Designer $500 Logo/graphic image, digital and printed postcard, flyer, poster, signage/banner, program b. Printing of postcards, flyers, posters, event program (with Spanish translation) $775 Backhausdance will distribute printed promotional materials to various community sites including SAUSD schools (principals, arts liaisons, family and community engagement coordinators, counselors), SAUSD Arts, Santa Ana College, Santa Ana College Community/Continuing Education, OCSA, The Wooden Floor, OCEAA, El Sol Academy, OCTAC, Boys and Girls Club, Think Together, City of Santa Ana Parks, Recreation and Community Services Agency, Senior Centers, Santa Ana Collaborative, Santa Ana libraries, dance studios, Santa Ana Chamber of Commerce, The Frida . Cinema, Media Arts Santa Ana, OCCCA, more. c. Email and social media preparation and production, website updates (covered by Backhausdance personnel) d. Contract photography and videography $500 Total Marketing and Communication. $1,775 IV. ARTISTIC PERSONNEL a. Backhausdance: 14 professional company dancers, 5 days of rehearsal: $4,900 and 1 performance: $2,100 $7,000 - Fee breakdown: $20/hourly for rehearsals. Rehearsals are 3.5 hours each/$70 per dancer, $150 per performance Rehearsals needed for special event: 8 days, 3.5 hours each day (9:30am- 1 pm) 14 dancers x 8 days x $70 each = $7,840, total of 28 hours per dancer or 392 hours of rehearsals. Backhausdance will cover expenses for 3 rehearsal days. Grant request will be for 5 days of rehearsals = $4,900 Special Event/performance, May 11, 2024, 7:30pm-9:30pm 5.5 hours with call time at 4pm for warm-up, tech (lighting, sound), run- through, performance and question and answer period with audience. Grant request for 14 dancers x $150 each = $2,100 b. Artistic and Special Event Production Director $1,250 Jennifer Backhaus, artistic director, production management, facilitator of event c. Special Event Artistic Advisor and Workshop Instructor $850 Amanda Kay White, company associate artistic director d. Special Event liaison, director of education and community engagement $750 Total Artistic Personnel $9,850 By submitting this I agree application, I have road 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