Loading...
HomeMy WebLinkAboutDANCE ARTS ACADEMY FOUNDATION INSl1RA"dCE 11OT REQUIRED N-2026-098 , WORK MAY PROCEED CITY CLERK DATE: MAY 0 7 2026 0:GOR00 CIT''Y' OF SANTA ANA 1 YaoA L e DZ) DONATION AGREEMENT I. PARTIES AND DATE This Donation Agreement C'Agrectnent") is made and entered into this 9th day of April, 2026, 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 Arts Academy Foundation ("Recipient"). City and Recipient are sometimes individually referred to as "Party" and collectively as"Parties"in this Agreement. 2. R.ECITAI,s 2.1 Community Benefit. The City wishes to provide Recipient with funding to assist Recipient with "Santa Ana Movement Exchange — A Community Dance Showcase" ("Community Benefit") which shall occur on or before March 31, 2027. 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 providing an accessible arts program, elevating local talent, and strengthening Santa Ana's cultural landscape through a professionally produced, family-friendly studio performance that highlights the vibrancy of the local dance community. 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 Sias Thousand, Seven Hundred, Fifty dollars ($6,750) 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 12 below. 3.2 Term, Termination of Agreement. This Agreement shall take effect on the date first above written and remain in effect until completion of the Community Benefit as detailed in Exhibit A, or one year from the commencement date of this Agreement, whichever is earlier. The City has the right.to terminate this Agreement upon one days notice,with car witho�.tcauge, in the.Cty's sole discretion. Should the City terminate this Agreement, it shall also have the right to demand the i 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. 1 i CITY OF SANTA ANA DONATION AGREEMENT Page 2 of 5 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 requirements 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. The City reserves the right to request documentation and/or additional details from the Recipient demonstrating how sponsorship funds were used. r 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 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 i CITY OF SANTA ANA DONATION AGREEMENT Page 3 of 5 individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement bind each respective Party. [signatures to follow] I i I i I I CITY OF SANTA ANA DONATION AGREEMENT Page A of 5 E IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the day and R year first above written. i ATTEST: _' ,,. t' CITY OF SViTA ANA L. A L ALVARO NMZ City Cl City Manager 5 2 i APPROVED AS TO FORM: ? SONIA R. CARVALHO ARTIST: City Attorney By; u Andrea Garcia Name: Sakina Ibrahim ,Senior Assistant City Attorney Attn: Dance Arts Academy Foundation Address: 165 Cozumel City,CA Zip: Laguna Beach, CA 92651 RECOMMENDED FOR APPROVAL: I MICHAEL L.GARCIA Executive Director, Community Development Agency I i l I i CITY OF SANTA ANA DONATION AGREEMU,NT Page 5 of 5 EXHIBIT A Request for Donation Funds f F II I {I I I I i i i I i i I i i City of Santa Ana Powered by SUbmittable. Title 0002 02125/2026 by Sakina Ibrahim in Arts & Culture -Special id. 53293629 Event Sponsorship Request Form (SESRF) - 2025.2026 r,ont2Ct@danceartsacademyoc.org Original Submission 0311012026 Score n/a Name of Primary Sakina Contact Ibrahim Contact Title Executive Director Name of Entity Dance Arts Academy Foundation (organization, business, neighborhood association) Check the box that Nonprofit 501(c)(3) applies to your entity: Additional Applicant Names (if applicable) Physical Address 622 N Main st Santa Ana CA 92706 us 31766724 -117.867504 Mailing Address 165 Cozumel Laguna Beach CA 92651 us 33.5939622 -117.7518923 Phone +19499297966 Email contact@danceartsacaderflyoc.org Website danGeartsacademyoc.org Event Name/Title Dance Arts Academy Foundation Presents: Santa Ana Movement Exchange — A Community Dance Showcase Event Date(s) April, 2027 Is this event FREE Yes and OPEN to the public? Event Location(s) Soul on Fire 622 N main St Santa Ana, CA 92701 Letter/Email from Property Owner (for public art installations, murals, use of city parks, use of spaces for workshops, etc.) Facility_Use_Confirmation_Soul_on_Fire_©AAF,pdf What city ward(s) will Ward 5 the event be located (click on link below to find wards)? Number of expected 150 attendance for your event Brief Description of Designed as an intimate black box performance experience, the event will Project transform the studio into a creative performance space where audiences can experience dance up close in a setting that encourages connection between artists and community members. The showcase will also feature a local Santa Ana dance company, fostering mentorship, cultural exchange, and community pride. This event is designed to provide accessible arts programming, elevate local talent, and strengthen Santa Ana's cultural landscape through a professionally produced, family-friendly studio performance that highlights the vibrancy of the local dance community. i Describe the Santa Ana Movement Exchange--A Community Dance Showcase community benefits provides direct cultural and educational benefit to Santa Ana residents by of this event offering a free, publicly accessible black box performance experience hosted at the Dance Arts Academy studio in Santa Ana. Centered on local youth and community collaboration, the project transforms the studio into an intimate performance space where audiences can experience dance up close while supporting the development of local artists. Through a short creative residency, Santa Ana students from Dance Arts Academy and our partnership schools will work alongside professional Southern California choreographers, gaining mentorship, technical training, and exposure to professional performance standards. t The culminating public showcase will feature youth performers, local performing artists, Dance Arts Movement Collective, and community partnership organizations, creating an intergenerational platform that highlights Santa Ana talent and fosters civic pride. By bringing together schools, artists, and community partners in a professionally produced, family-friendly studio black box performance, the event strengthens Santa Ana's cultural ecosystem, increases access to high-quality arts programming, and provides meaningful opportunities for youth development and artistic expression within the City of Santa Ana. Amount Requested 10000 Proposed Use of Guest Choreographer Honorarium Funds Professional Southern California artist residency & performance $2,200 Guest Artist Performance Stipend Local Santa Ana dance company or featured artist•- $1,200 Production & Technical Support Lighting and sound technician support for rehearsal and performance— $000 Production Design, Props & Scenic Elements Stage props, scenic elements, rehearsal materials — $700 Sound Equipment Rental 1 Support Speakers, mixer, microphones, cables— $1,000 Lighting Equipment Rental Stage lighting fixtures, stands, dimmers, lighting control—$1,000 Curtains & Space Design for Black Box Setup Pipe and drape, stage masking, seating layout— $1,000 Youth Performance Costumes & Supplies Costumes and materials for Santa Ana student performers — $800 Marketing & Community Outreach Graphic design, printing, and digital promotion— $700 Event Insurance, Permits & Administrative Coordination--$500 { i E 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/special- event-sponsorship- programf i i E i I i l i I i E I 4 l 1