HomeMy WebLinkAboutPURSLEY, DAVIDINSURANCE NOT RCNIIR Z ___.
WORK MAY PROCEED
CITY CLERK
DATE: MAR 2 7 2024
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1. PARTIES AND DATE
CITY OF SANTA ANA
DONATION AGREEMENT
N-2024-114_�
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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 David Pursley
("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 "Mane Mural Project" ("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 celebrating the
Polynesian community through a mural unveiling that represents Samoans, Hawaiians, Fijians,
Tongans, Tahitians, Micronesians, and Filipinos. The event will make visible the Pacific Islander
(PI) presence in Orange County by sharing their history and culture through authentic PI dance,
music, and cuisine. 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
THREE THOUSAND, TWO HUNDRED, SEVENTEEN DOLLARS ($3,217) 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
CITY OF SANTA ANA
DONATION AGCtCEMENP
Page 2 of 4
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 offcials, 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 N-2024-114
DONATION AGREEMENT
Page 3 of 4
IN WITNESS WHEREOF, the parties hereto have executed tlus Agreement on the day and
year first above written.
ATT00T.
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By: rlLaat
Andrea Garcia-Mi er
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
CITY OF SANTA ANA
Zl�'f
THOMAS R. HATCH
Interim City Manager
RECIPIENT:
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David Pursley
7751 101h Street, Apt. 3
Westminster, CA 92683
MICHAEL L. GARCIA
Executive Director, Community Development Agency
CITY or, SANTA ANA
DoNATIoN AGREr, MENT
Page 4 of 4
EXHIBIT A
Request for Sponsorship Funds
City of Santa Ana
Powered by Submitteble V
Title 0068 12/22/2023
by David Pursley in Arts & Culture -Special Event id. 45012132
Sponsorship Request Form (SESRF) - 2023
635 Silverdale Drive
Claremont, California
91711
CA
United States
9496777100
kavika@kavikawoi-ks.com
Contact Title David Kavika Pursley
Name of Entity � Mans Mural Project
(organization,
business,
neighborhood
association)
Check the box that Individual/CommunityGroup
applies to your entity:
...... Additional Applicant _....._...__...._..___.._..._..____..
Names (if applicable)
Physical Address 7791 10th St Apt 3
WESTMINSTER
CA
92683
Us
Mailing Address 1 Oth St
W ESTMINSTER
United States
92683
Us
Phone 4-19496777106
Email _ Kavika@kavikaworks.corn
Website Www.davidpursley.com
Event Name/Title Mena Mural Project
Event Date(s) May 4, Santa Ana Artwalk, is also close to May Day, a holiday in Hawaii.
Is this avant FREE � Yes
and OPEN to the
Public?
_._._...___...._._._.., . ..., _., . ..__...... __... __ .._ .... . .......
Event Location(s) In parldnglot of 506 E 1st St Santa Ana 92701, which Is the location of the
final mural.
What city ward(s) will Ward 2
the event be located
(click on link below to
find wards)?
Number of expected
attendance for your
event
376+
Brief Description of
1 am recipient of CA Community Partners Fellowship grant for a mural in
Project
Santa Ana representing the Polynesian community (Samoan, Hawaiian,
Fiji, Tonga, "Tahiti, Micronesian, Filipinos). A mural unveiling event is
required. We will have hula dancers, Hawaiian food, booths. There are
almost more Polynesians in Ca than Hawaii because of displacement. I
was raised in Hawaii and Santa Ana. I would love for Santa Ana to show up
for diversity In the Islander/Asian community and diversity of the city as a
whole for an amazing, memorable event, spreading unity and Aloha through
culture and honoring our kapuna proud.
Describe the Everyone loves authentic Pacific Islander entertainment from the chill
community benefits music, bbq and festive dance. May is Pacific Islander/Asian Month. May
of this event Day is significant holiday In Hawaii. Islanders gather for festivals but we
have no area In OC/LA that Is our own community. it would be great to
have some visibility in OC and share culture with our neighbors and
encourage others to dig Into history and culture, whatever it may be. We
encourage displaced Islanders to hold on to some roots and learn about
ourselves. As a Hawaiian tradition, we plan to honor the original indiginous
owner of the land we celebrate on,
Amount Requested 12000.0
Proposed Use of Stage rental/sound setup - $2300, upgrade hula dancers live entertainment
Funds package - $3000 (Tapua from Santa Ana), booths featuring local
Polynesian artists (me, Kiwi Keawekane, JP Pereira, etc.) - $600,
portapotty - $300, food vendors, banners/signage $1200,
permits/insurance $600, free interactive cultural activity booths - $2000,
live event coordinator - $1200.
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:/Iwww.santa-
ana,orglcd/arts-
culture-office/special-
event-sponsorship-
policy
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