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Home My WebLink AboutTIANGUIS MARKET FOUNDATIONINSURANCE NOT REQUIRED WORK MAY PROCEED CITY CLERK DATE. JAN 0 8 2024 CITY OF SANTA ANA DONATION AGREEMENT 1. PARTIES AND DATE N-2024-009 This Donation Agreement ("Agreement") is made and entered into this 151n 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 Tianguis Market Foundation ("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 "Tianguis Market Dia De Los Muertos/Day of the Dead," ("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 fostering unity and creative engagement in a safe space by offering toys, food, games, a community -driven mural activity, and live music. Additionally, the event will provide legal education and nurture artistic expression for youths and families. 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 SIX THOUSAND DOLLARS ($6,000) 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. 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 CITY Or SANTA ANA DONATION AGREEMENT Page 2 of 4 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 individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement bind each respective Party. CITY" OF SANTA ANA DONATION AGREEMENT Page 3 of 4 N-2024-009 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. ATTEST: �a APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney CITY OF SANTA ANA T MAS R. HATCH Interim City Manager RECIPIENT: g Gt ��.4 G�tC�u —� loa. Andrea Garcia -Miller N ARMENTA Assistant City Attorney Tianguis Market Foundation 325 E. 4' Street 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 0025 by Evelyn Armenta in Arts & Culture - Special Event Sponsorship Request Form (SESRF) - 2023 689 San Leon Irvine, California 92606 United States 3234009500 tianguismarlcet@yahoo.com Original Submission Name of Primary Ned Contact Armenta Contact Title Owner Name of Entity Tianguis Market Foundation (organization, business, neighborhood association) Check the box that Nonprofit 601(c)(3) applies to your entity: Additional Applicant Names (if applicable) Physical Address 325 I. 4th Street Santa Ana California 92701 US Mailing Address 689 San Leon Irvine California 92606 US Phone +17147176933 Email tianguismarket@yahoo.com Website Powered by Submittable U 09/26/2023 id. 44187377 09/26/2023 Event Name/Title Tlanguis Market Dia De Los Muertos/ Day of the Dead Event Date(s) 10/29/2023 Is this event FREE Yes and OPEN to the public? Event Location(s) 325 E. 4Th Street Santa Ana, CA 92701 What city ward(s) will Ward 6 the event be located (click on link below to find wards)? Number of expected 2,000 attendance for your event Brief Description of The purpose of this project is to bring the community together on the Project importance of celebrating and remembering our cultural traditions and our past loved ones. Dia de los muertos is so special to so many because it's a day dedicated in remembering our ancestors and family members who have passed. This event will also display one of many traditions that will showcase our beautiful cultural identity. Our organization will also be gifting free covid tests, face masks and Halloween costumes for kids. Describe the Our markets/events are held in Downtown Santa Ana the community will be community benefits benefiting from this event because they will be learning about the cultural of this event and historical history of celebrating Dia de Los Muertos/Day of the Dead and will be given the chance to participate in our red carpet runway, setting up an alter or simply bring a picture of their passed loved one/s. We are one of the few organizers in Santa Anal Orange County that still hosts traditional events. They also express their traditions by dancing to the music, eating a variety of traditional food from all over Mexico to Central America. By the community attending they will feel a sense of community support, cultural identity,and gaining self confidence from viewing our cultural traditions. The kids will be learning as they see their cultural roots and also the respect that we have for our ancestors that have passed as we celebrate this special Dia de Los Muertos event. The children will be able to pick a free Halloween costume to take home. The community will be able to enjoy the food that we will be having that traces back to our identity which is hard to find within the area. The people have the right to gather and celebrate their cultural traditions and as they do they will feel right back at home. Amount Requested 15000.0 Proposed Use of Event plaza: $240, Restroom Rental: $150, Street Barricades: $800, Funds Street Closure permit: $845, Private Security: $1,700, Videographer: $400, Red Carpet: $215, Dia De Los Muertos Altar decorations/set up: $2,000, Face Painters X 4 $1,600, Spokesperson: $800, DJ: $800, Singer/Artist performance X2: $450, Live Music: $800, Folklorico: $500, Mariachi: $1,000, Aztec Dance: $700, Coordinator Assistant 1: $500, Coordinator Assistant 2: $500, Volunteers X5: $1000 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/special- event-sponsorship- policy