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Home My WebLink AboutNGUYEN, RYANINSURANCE NOT REQUIRED WORK MAY PROCEED CITY CLERK DATEJAN 2 3 2024 0. CDA CO) Ck. 1,�mAy 1. PARTIES AND DATE CITY OF SANTA ANA DONATION AGREEMENT N-2024-033 This Donation Agreement ("Agreement") is made and entered into this 8" day of January, 2024, 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 Ryan Nguyen ("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 "Community Mural Workshop" ("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 a free interactive mural workshop for local youths ages 8-18. The event will elevate individual artistic skills while fostering teamwork, communication, and positive sense of community pride, serving as both an outlet and constructive diversion for youths. 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 ONE THOUSAND, NINE HUNDRED, SEVENTEEN DOLLARS ($1,917) 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 ef7ect 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 OR SANTA ANA DONATION AGRurwNT 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. 3A 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 Page 3 of 4 N-2024-033 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 OF SANTA ANA *IHIOMAS. HATCH Interim City Manager RECIPIENT: City Attorneyl . n, , By: '' G — Andrea Garcia -Mil Ryan Nguyen Assistant City Attorney Revel Murals RECOMMENDED FOR APPROVAL: ell? MICHAEL L. GARCIA Executive Director, Community Development Agency 12642 Volkwood Garden Grove, CA 92840 CITY OR SANTA ANA DONATION ACRLrmUNT Page 4 of 4 Request for Sponsorship Funds City of Santa Ana Title 0050 by Ryan Nguyen in Arts & Culture - Special Event Sponsorship Request Form (SESRF) - 2023 revelmurals@gmaii.com Original Submission Name of Primary Ryan Contact Nguyen Contact Title Name of Entity Revel Murals (organization, business, neighborhood association) Check the box that Individual/Community Group applies to your entity: Additional Applicant Names (if applicable) Physical Address 12642 Volkwood Powered by Submittable r J Garden Grove CA 92840 us Mailing Address 12642 Volkwood st. Garden Grove CA 92840 us Phone +19513171560 Email revelmurals@gmail.com Website revelmurals.com Event Name/Title Community Mural Workshop Event Date(s) February 24th, 2024 11 /15/2023 id. 44705391 11 /15/2023 Is this event FREE Yes and OPEN to the public? Event Location(s) Santa Ana Blue Lot - 119 N Bush St, 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 20 attendance for your event Brief Description of A Mural Workshop for Santa Ana Youth, ages 8-18, emphasizing an V Project introduction to and education of alternative art forms, techniques and spray paint mediums. Describe the The Mural Workshop promises to be a valuable experience for city youth community benefits and their families. It offers an interactive and creative activity to unites of this event individuals in expressing gratitude for the city and the arts. This project not only elevates individual artistic skills but also fosters teamwork, communication, and a positive sense of community pride. Serving as both an outlet and constructive diversion for youth, the workshop provides a meaningful space for creative expression, contributing to a sense of accomplishment and fulfillment among our participants. Amount Requested 6000.0 Proposed Use of Event Space - $500 Funds Paint & Materials - $2000 Equipment (Tables, Chairs & Canopy) - $500 Assistants - $500 Advertising - $200 Artist Fee - $2000 General Liability Insurance - $300 TOTAL:$6000 By submitting this 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 I agree