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Home My WebLink AboutDIMALANTA, MARK D.INSURANCE NQT REOt11REp.. WORK MAY PROCEED CITY CLERK N-2024-112 ` i DATE: MAR 2 7 2024 D.. coP,(0) ( . Le) W CITY OF SANTA ANA DONATION AGREEMENT 1. PARTIES AND DATE This Donation Agreement ("Agreement") is made and entered into this 181 day of March, 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 Mark D. Dimalanta ("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 "My existence, through my lens: A creative expression of NeuroDivergence, through photographs" ("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 engaging ASD (Autism Spectrum Disorder) students in the 18-22 year old range in weekend Art Tutorials teaching them how to use their cameras, curate their photos, post process, and mount their works. This will culminate in a community centric event bringing neurodivergent and neurotypical students and their families together to witness work created by these students. 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 THREi E THOUSAND, FOUR HUNDRED DOLLARS ($3,400) 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 Tenn: Termination of Agroement. 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 Us 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 (101/9) 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 Mimi LMCNT 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 Authorlty to Enter A roement, 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 N-2024-112 Page 3 of 4 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: e jNNI F L.ALL rk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By 6'� G 're A)eaGarcia-Mi Assistant City Attorney RECOMMENDED FOR APPROVAL: CITY OF SANTA ANA HOMAS R. HATCH Interim City Manager RECIPIENT: Mark D. Dimalanta 282 Hayes Irvine, CA 92620 MICHAEL L. GARCIA Executive Director, Community Development Agency . .... . ..... . ..... . -------- CITY OrISANTAANA DONATION AGREFmENT Page 4 of 4 EXHIBIT A Request for Sponsorship Funds City of Santa Ana Powered by Submiliable D Title 0077 01/09/2024 by Mark €limalanta In Arts & Culture - Special id. 45137932 Event Sponsorship Request Form (SESRF) - 2023 markdimo88@g mall,com Original Submission 01/09/2024 Score Name of Primary Mark Contact Dimalanta Contact Title Visual Arts Program Coordinator for OCCTAC Name of Entity Orange County Children's Therapeutic Arts Center (However, I am applying (organization, as an individual) business, neighborhood association) Check the box that Individual/Community Group applies to your entity: Additional Applicant_..._.____..._.�...__�.....__.W.._....V...______. Names (if applicable) Physical Address 282 Hayes Irvine CA 92620 us Mailing Address 282 Hayes Irvine CA 92620 us Phone . . ..._._._. +19498785490 Email � .,..... markd@acctac.arg . ..._..... _.._...._, . Website Event Name/Title My existence, through my lens. -A creative expression of Neuro Divergence, through photographs. Event Date(s) May 25-26, 2024 or June 1-2, 2024 _ _...._,.., ., ._...... ..._..,.,.._._..... _....... _,_...,_._.,,_ Is this event FREE Yes and OPEN to the public? Event Location(s) Maz Cafe, 608 N. Lacy, Santa Ana, CA. 92701 Letter/Email from Property Owner (for public art installations, murals, use of city parks, use of spaces for workshops, etc.) What city ward(s) will Ward 6 the event be located (click on link below to find wards)? Number of expected 100 attendance for your event Brief Description of Photography is the creative tool of the future, and teaching the community Project to capture their world, through their eyes, through their personal compositions Is a dramatic communication tool that helps them express, when verbal techniques may not be their easiest. Learning to conceptualize, con -pose and shoot, and ultimately print and mount their work provides for vocational skill that provides the baby steps at a future career in content creation. The creative process of photography and the skill it requires suits the hyperfocal disposition of those on the Specturm. Describe the The best way for families to cope with the stigmata of Autism Is to provide community benefits outlets for their kids to express and gain recognition for their work. A of this event community centric event that brings neurodivergent and neurotypical students and their families together to witness first hand that my child is capable and accomplished offers an immeasurable reward to both student and parent. The burden of autism costs families 3x the amount in financial and emotional strain, than their neurotypical counterpart. Hence, efforts must be provided to extend and reach the community and offer an equal amount of support and opportunity. At a recent Pediatrics Conference, Medical Experts from around the Globe concur that the Social Isolation of Covid 19 has delayed and sent student growth in a backwards tailspin that may take up to 10 years to correct. We are seeing more developmentallcognitive delay and more confirmed diagnoses of ASO cases in the pediatric population. We all agree that strength based creative processes are the best tools to reverse the ill effects of the pandendc, and assist our ASD population to adapt and thrive, Photography is the creative tool of the future, and teaching the kids to capture their world, through their eyes, through their personal compositions is a dramatic communication tool that helps them express, when verbal techniques may not be their easiest. Learning to conceptualize, compose and shoot, and ultimately print and mount their work provides for vocational skill that provides the baby steps at a future career in content creation. Being a professional Photographer for almost 3 decades, strengthens my Behavioral Skill Set in offering my clinical eye to help adapt ASD students, coupled with my creative strengths as a photographic artist, I may Impart my skills to young emerging photographers, who can adopt these skills for a future career. Our most gifted ASD students will be offered an opportunity to participate In the intructionals and have their work exhibited. Since we partner with the regional center of OC (RCOC) we have fine candidates in mind, who are in the 18-22 range that are aging out of the ATP programs of SAUSD. These autonomous adults will engage in weekend Art Tutorials over 6-8 Saturdays and will be taught how to use their camera, how to curate their photos, how to post process, and mount their work. Amount Requested 8200.0 Proposed Use of Purchase Recertified Digital Camera (6) Canon 5DMarkll $300 with new Funds Canon 50 fl.8 lens $126.00 plus tax $2,773.00 (Items will be purchased at Samy's Camera, Santa Ana via their discounted Educational Program) Memory Sticks purchased through Amazon: Sandisk 128GB 6 x 20,00 120.00 plus tax (10.50) $130.50 Printing and Mounting materials: $175.00 $50.00 Mat Board and Backer Board $40.00 Printer Ink $45.00 HP Semi Gloss Printer Paper. $15.00 Mounting Hardware $25.00 gallon of Bear Titanium White Paint. Rent retail space to allow for food and catering for 6 hours. (3 pm - 9pm) $2000.00 (750 rental fee for Maz Cafe (7 hours) / 1250 for food and beverage catering and staff salaries) Instructional time 6 x 2-hour classes to meet on Saturdays at our photo shoot instructional meetings, (100.00/hour for instructor) Total: $1200.00 Adobe t.ightroom software to Post Process the images $600.00 Anticipated Expenses: 6,778,50 + (20% Incidentals 1355.60) = $8,134.10 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/od/arts- culture-office/special- event-sponsorship- policy