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Home My WebLink AboutORANGE COUNTY CHILDREN'S THERAPEUTIC ARTS CENTER (23)INSURANCE NOT REQUIRED WORK MAY PROCEED CITY CLERK N-2024-034 DATE' JAN 2 3 2024 0', CDACV) CT. le,)/vx- 1. PARTIES AND DATE CITY OF SANTA ANA DONATION AGREEMENT 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 Orange County Children's Therapeutic Arts Center ("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 "BLOOM Recital" ("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 showcasing the local youths' accomplishments in the areas of Visual and Performing Arts through solo and ensemble presentations from around the world with an emphasis on cultural diversity. Additionally, the event fosters a commitment to educate families about the value and benefits that an arts education provides to support academic and social -emotional development. 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 FIVE THOUSAND, SIX HUNDRED DOLLARS ($5,600) 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 I \ of 1k\t.%A\.1 r.)s t uo\ Pm_, 3 oC a N-2024-034 1,11\ rtivals \\ho have signed this Agreement have the legal power, right. and authority to make this 1pr<nrent hind each wSpeeme Party. 1\ WIT\ESS WHEREOF. the parties hereto have executed this Agreement on the day and " I rl7 Sa ahoy 0 wrrttcn. ATTEST: rl10� vim, APPROVED AS TO FORM: SONIA R. CARVALHO .-ity Attorney !' Ey, Andr a Garcia r er ,�ss!stant City Attorney RECOMMENDED FOR APPROVAL: CITY OF SANTA ANA � THOMAS R. HATCH Interim City Manager RECIPIENT: Ana Jimenez -Ha �- Orange County Children's Therapeutic Arts Center 2215 N. Broadway, 151 Floor Santa Ana, CA 92706 1-:11CHAEL L. GARCIA recutive Director, Community Development Agency CITY OF SANTA ANA DONATION AGRI;I;MENT Page 4 of 4 EXHIBIT A Request for Sponsorship Funds City of Santa Ana Title 0021 by Carlos Beltran Arechiga in Arts & Culture - Special Event Sponsorship Request Form (SESRF) - 2023 carlosb@occtac.org Original Submission Name of Primary Carlos Contact Beltran Arechiga Contact Title Director of Arts Name of Entity OC Children's Therapeutic Arts Center (organization, business, neighborhood association) Check the box that Nonprofit 501(c)(3) applies to your entity: Additional Applicant Names (if applicable) Physical Address 2215 N. Broadway Powered by Submittable 0 09/20/2023 id. 44138831 09/22/2023 Santa Ana CA 92706 t1S Mailing Address 2215 N. Broadway Santa Ana CA 92706 us Phone +17145475468 Email carlosb@occtac.org Website www.occtac.org Event Name/1"itle OCCTAC Presents BLOOM Event Date(s) April 20, 2024 Is this event FREE Yes and OPEN to the public? Event Location(s) First Presbyterian Church of Santa Ana What city ward(s) will Ward 5 the event be located (click on link below to find wards)? Number of expected 350 attendance for your event Brief Description of OCCTAC's BLOOM Recital is an annual production to showcase our Project students' accomplishments in the areas of Visual and Performing Arts. BLOOM's program embraces the multicultural fabric of the Santa Ana community with solo and ensemble presentations from around the world, in a similar fashion our Visual Arts Exhibit showcases artwork created by our students in the various programs we have with an emphasis on cultural diversity. Describe the OCCTAC serves the Santa Ana community, and presentations like BLOOM community benefits celebrate and empower them by providing a platform to showcase their of this event accomplishments and cultural connections through their creative processes. Furthermore, BLOOM fosters our commitment to educate our families about the value and benefits an arts education provides to support their academic, and social -emotional development. With this grant's generous support, we will be able to make it free of charge and open to the community. Please note we have charged for entry tickets in the past to offset the financial impact on our agency, your generous contribution will allow us to make this a free event for our community. Amount Requested 8800.0 Proposed Use of This funding will help OCCTAC with the following costs: Funds 1- Venue rental = $1,800 2- Equipment rental and transportation = $1,100 3- Staff compensation. - 15 hours (dress rehearsal and event) for 9 staff, music, dance, and visual arts teachers at $30 hr. each = $4,050 - 16 hours (dress rehearsal and event) for 3 department coordinators, music, dance, and visual arts at $35 hr. each = $1,680 4- Event promotion, printed media, and social media advertisement. _ $170 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-offi ce/s peci al - event -sponsorship - policy