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HomeMy WebLinkAboutDANCE MUSIC INITIATIVEINSURANCE NOT REQUIRED WORK MAY PROCEED CITY CLERK DATE: JA�N Z 3 ZOZ4 p. (.0A CA CT. t_) Mcr 1. PARTIES AND DATE CITY OF SANTA ANA DONATION AGREEMENT N-2024-032 This Donation Agreement ("Agreement") is made and entered into this 8`h 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 Dance Music Initiative ("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 "Free DJ Lessons at The Pizza Press in Downtown Santa Ana" ("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 free weekly interactive DJ lessons for all ages, including bi-monthly performance showcases that feature students, quarterly panel discussions, and quarterly student jam gatherings. The event aims to create an environment where everyone can witness the spiritual, physical, and mental benefits of dance music culture. Furthermore, it will increase the economic impact to local businesses. 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, SIXTY DOLLARS ($5,060) 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 SAWA ANA DONATION AGREEMENT Page 2 of 4 3.3 Waivers, Insurance or Other Obligations, s, 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 ity. 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 hndemnification. 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, willfid 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 Authoritv 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-2024-032 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: City Attorney By: Av, k1t, k Andr G cia-Miller Assistant City Attorney CITY OF SANTA ANA erla' iw/ Interim City Manager RECIPIENT: C V Bryan Chang Dance Music Initiative 21194 Jasmines Way RECOMMENDED FOR APPROVAL: Lake Forest, CA 92630 MICHAEL L. GARCIA Executive Director, Community Development Agency CITY Or SANTA ANA DONATION AGREEMENT Paige 4 of 4 EXHIBIT A Request for Sponsorship Funds City of Santa Ana Powered by subrrmittable O Title 0055 12/11/2023 by Bryan Chang in Arts & Culture - Special Event Sponsorship id. 44918266 Request Form (SESRF).2023 bchanq t<udance rnusicinitiative.org Original Submission 12/1112023 Name of Primary Contact Bryan Chang Contact Title Executive Director Name of Entity Dance Music Initiative (organization, business, neighborhood association) Check the box that Nonprofit 501(c)(3) applies to your entity: Additional Applicant Names (if applicable) Physical Address 21194 Jasmines Way Lake Forest CA 92630 US Mailing Address 21194 Jasmines Way I-ake Forest CA 92630 US Phone +19092103464 Email behang@dancemusicinitiative.org Website dancemusleinitiative.org Event Name/Ttle FREE DJ Lessons at The Pizza Press in Downtown Santa Ana Event Date(s) Free DJ Lessons every Monday, 3 perforrnance showcases every other month featuring students, 2 panel discussions about Dding quarterly, 2 student jam gatherings quarterly (30 total events from Jan - Jun 2024) Is this event FREE and Yes OPEN to the public? Event Localion(s) All events hosted at The Pima Press, 117 W. 4th Street, Unit 101-102. Santa Ana, CA 92701 except for the 2 student jam gatherings hosted at a residence on Bush St in Santa Ana. What city ward(s) will the Ward 5 event be located (click on Ward 6 link below to find wards)? Number of expected Free Weekly DJ Lessons (8 - 12 students, 5 teachers). Student Showcases (10 - 30). Panel attendance for your Discussions (20 - 40). Student Jam Gatherings (10 - 20). event Brief Description of Since 2010. we've been hosting FREE weekly DJ lessons that are open to the public, located in Project Santa Ana for the past two years. We estinkite more than 1000 people have attended our lessons. In addition to the weekly classes, we also plan to host (7) additional special events over the next six nbnths that feature opportunities for our students to learn, perform, and build community with fellow artists. Our DJ fundamentals curriculum is robust, ernphaslAng dance music culture and Wing by ear on vinyl, akin to being classically trained. Our instructors were once students and are paying it forward. Describe the community Under the surface, dance music culture is much more than just a DJ playing songs at a party. It's a benefits of this event culture built on acceptance and love, originally stemming from urban minority/LGBTQ+ disadvantaged communities. Dance music gatherings —that are steeped in dance music culture's values ---offer a safe space for those to creatively express themselves and are therapeutic for life's hardships and struggles. Dance Music Initiative's goal is to share deeper, community driven experiences, beyond a Friday night out after work. We do that by offering free, hands-on music education. Our mission is to highlight the benefits of this art form beyond a commercial, transactional experience. 'file core of dance music culture can be traced back to folk and tribal dance circles; customs that are very human and innate to our society. Dancing brings corrmunitles together and strengthens ties between different cultures and backgrounds. Music and dance are universal. They transcend language barriers. DJing and dance music culture are the modern Iteration of these ancient traditions. We toach DJing because it is a very accessible way to be creative with music and it generates many positive effects. Here are a few reasons why DJing is particularly appealing to explore: It's a form of music; that people can do independently (versus playing in a band) It can be inexpensive to get started (there are many free smartphone apps that go over the basics) The first few attempts can sound amazing from the get -go because its built from already completed songs, creating a positive and encouraging feedback loop * It's a very practical art form that has low -barrier income/entrepreneurial potential "DJing amplifies the art of other musicians * Unlike most forms of music, the live performance is spontaneous and interactive as the DJ adjusts to the reception of the dance floor * Dancing is a positive social experience and a fun form of exercise Our weekly lessons, the same we intend to host as part of this sponsorship, have always been free, all ages, interactive, and accessible to all. We provide ALL equipment, so students simply show up. Our students commute from all over Southern California to attend our classes (LA, San Diego, Inland Empire, Long Beach, and many locals). We recently even had a blind student take our classes. Our fundamentals focused curriculum was designed to raise the bar for those that play out and attend local events. We aim to create an environment where everyone can witness the spiritual, physical, and mental benefits of dance music culture. Our organization is successful once our students become active members of the community and help proliferate the knowledge and art. The Pinta Press, a local Santa Ana business, has been graciously hosting our classes for 2 years now. We are proud that our classes and events have helped bolster that business as well as contributed to the local economy. In addition to the weekly classes, this sponsorship will also help us host 7 additional community events in Santa Ana. This includes (3) Student Showcases, usually held on Santa Ana Artwalk nights, where our students get to perform what they've learned in class. We've been hosting these at The Pirm Press for over two years now, This also includes (2) educational Panel Discussions (also hosted at The Pizza Press), where we invite subject matter experts from our community to discuss and share their tips and methods for a particular DJing topic In front of a live and streamed audience. Lastly, we plan to host (2) Student Join Gatherings where current and past students come together to network and spin records in a round-robin formal. These events serve as a casual, impromptu, interactive way to practice track selection and mixing skills without the pressure of being onstage. This format allows for traro DJs to be actively involved versus a Student Showcase. These are hosted at a residence within walking distance from where our classes are held. Select nadia of our programs in action - DJ Classes: * https://www.instagram.conyreeVCuBN99IRud7V * https://www.instagram.cofrV[)ICuO-XpDsOOii/ Student Showcases: * https://www.ins4igram.coirVreeVCXFgQT7BjOil * https://www.instagram.coiTVp/Cb3zPUZr7EK/ Student Jam Gatherings: * https://www.instagram.con-VreeVColcyNjJh8Q/ * https://www.instagram.con✓p/OtnfYys[vWyj/ Amount Requested 14994,0 Proposed Use of Funds Easy to read spreadsheet viewable here: htlps://does.google.coiyVsproadsheots/d/l TAaireGtiwTi7YNNXMG!S_7LJAXgla3kW wNlBxBiPkW yoA /( usp=sharing Full budget pasted here as well just in case. DJ Classes EXPENSE NOTES Cost Quantity Extended Cost Food snacks for students and teachers $50 1 $50 Teacher Foe $50 5 $260 Parking Fees for leachers $5 5 $25 Per event subtotal $325 It of classes 23 Subtotal $7,475 Student Showcases EXPENSE NOTES Cost Quantity Extended Cost Food meal for artists $25 4 $100 Artist Fee $100 4 $400 Sound Equipment setup, breakdown, transport $100 1 $100 Parking Fees for artists $5 4 $20 Per event subtotal $620 # of events 3 Subtotal $100 Panel Discussions EXPENSE NOTES Cost Quantity Extended Cost Food meal for panelists & staff $25 5 $125 Panelist Fee $100 3 $300 Moderator Fee $100 1 $100 Sound Equipment setup, breakdown, transport $100 1 $100 Parking Fees for panelists & staff $5 5 $25 Per event subtotal $650 # of events 2 Subtotal $1,300 Student Jarn Gatherings EXPENSE NOTES Cost Quantity Extended Cost Drinks for students $100 1 $100 Sound Equipment setup, Breakdown, transport $100 1 $100 Space Rental $200 1 $200 Parking Fees for students $5 20 $100 Per event subtotal $600 # of events 2 Subtotal $1,000 Operational Expenses EXPENSE NOTES Cost Quantity Extended Cost Teaching vinyl records Replacement for danoged records $10 10 $100 Teaching gear maintenance Per service job $250 2 $500 Marketing - Ad Buys IG & FB, $20 each event $40 10 $400 Marketing - Graphic Design Hourly rate $60 10 $500 Marketing - Photographers Per event $50 10 $500 Insurance Monthly Feb - June $32 5 $160 Cell phone Monthly Feb -,June $65 5 $325 Internet Monthly Feb - June $97 5 $465 Google Suite (email) Monthly Feb - June $6 5 $30 Web Donkoins (yearly) .org & .corn $12 2 $24 Web Hosting and Traffic Monthly Feb - June $7 5 $35 Gas Round trip per event $10 30 $300 Subtotal $3,359 Summary of expenses: DJ Classes (23) $325 each = $7,475 Student Showcases (3) $620 each = $1,860 Panel Discussions (2) $650 each = $1,300 Student Jam Gatherings (2) $500 each = $1,000 Operational Expenses = $3,359 Grand Total: $14,994 Notes: * Sponsored events are planned to happen between 1/22/24 - 6130/24. assuming sponsorship decisions are made by 1/18/24, * All of the food budget line iterns will go to The Pizza Press (our venue host). In other words $1,700 is earmarked to support a local Santa Ana business. Mimi Mar, tho local franchise owner has graciously supported our nonprofit for the past 2 years and we would like to support bar business for hosting many of our events at no cost to our nonprofit. Her business was hit hard during the OCTA light rail construction on 4th street, so this extra support will go a long way. ° $7,750 (over half of the budget) is allocated to instructors, performers, and guest speakers, Parking budget ($170) will go back to the city or local parking garage owners. * In the past, our funding has come from private 1:1 lessons, DJ gigs, Santa Ana Engage 360 after - school DJ lessons for children, grants, and donations. All of our weekly teaching staff volunteer their time and are currently unpaid, Several of them have been leaching with us for years so this sponsorship will be a nice gesture for their community service. By submitting this l 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- a na. org/cd/arts-culture- off i ce/speci al -event - sponsorship -policy