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HomeMy WebLinkAboutART SPREAD (3) V4SVA,XE REHIRED �VOPK [uIAY P110CEED N-2026-128 CITY CLERK DATE. JUN 0 3 7016� o w A l CITY OF SANTA ANA l e toil DONATION AGREEMENT i 1. PARTIEES AND DATE This Donation Agreement ("Agreement") is made and entered into this 19th 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 Art Spread ("Recipient"). City and Recipient are sometimes individually referred to as "Party" and collectively as"Parties"in this Agreement. 2. RE,ECrrm s i 2.1 Community Benefit, The City wishes to provide Recipient with fiinding to assist Recipient with "Culture Meets Canvas: Immersive Arts Workshops" ("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. 12 Public Purpose. The City believes there is a public purpose in creating a multicultural - o arts experience that celebrates Hispanic, Arab, Iranian, Filipino, and African Cultures, supports inclusive engagement through hands-on workshops, and strengthens connections among residents, artists, and local businesses in Santa Ana. 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, rive Hundred dollars ($3,500) 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 i 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 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 day's notice, with or without cause, in the City's sole discretion. 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. I CITY OF SANX'A.ANA DONArION AGREI MENT Page 2 of 5 E 3.3 Waivers Insurance or Other Obti ations. 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 Oversi t by Cit . 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. 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 man net 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 bind 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 way be rendered against the City or its officials, officers, employees, agents, or volunteers, in any such suit, action or other legal procecding. 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 i 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 I CITY OF SANTA ANA DONAMN AGREVMENT 'age 3 of 5 i i individuals who have signed this Agreement have the legal power, right, and authority to male this Agreement bind each respective Party. [signatures to follow] i I E I I I I 1 i I i Ii I i i i CITY Of SANTA ANA DONATION AGREEMENT Page 4 of 5 i IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. ATTEST: CITY OF ANTA ANA IFE ALL ;P" ALVARO NUNEZ City Cle City Manager APPROVED AS TO FORM: SONIA R. CARVALHO ARTIST: City Attorney By: (A Sam Andrea Garcia Name:Nadin Said Senior Assistant City Attorney Attn: Art Spread Address: 3843 S. Bristol St.,#270 City, CA Zip: Santa Ana, CA 92704 RECOMMENDED FOR APPROVAL: MICHAEL L. GARCIA Executive Director,Community Development Agency i i f CITY OIL SANTA ANA DONATION A.Gvx,EMENT Page 5 of 5 EXHIBIT A Request for Donation Funds E I i I a 1 i I 4 1 i f City of Santa Ana Powered by Submittable [� Title 0029 04/06/2026 by Nadln Said in Arts &Culture Special 5vent Id, 53758942 Sponsorship Requost Form (SESRF) -2026.2026 3401 S Main Street Unit A Santa Ana, California 92707 United States 9519731064 nedinsaid a yahoo.coni Original Submission 04/06/2026 Core n1a --.�_...._...�._....._ Name of Primary Kadin __.�..,.._.��..�._. Contact Said Contact Title Sward Member Name of Entity _..�..._ The Art Spread_.�.....�..._. .�_._..._...__------_.��......�..�.,..—._..__�.....� _. (organization, business, neighborhood association) Check the box that Nonprofit 501(c)(3) applies to your entity: Additional Applicant Names (if applicable) Physical Address 3129 S Deegan Drive Santa Ana CA 92704 us 33,705322 -117.903238 Mailing Address 3843 S Bristol #270 Santa Ana CA 92704 US 33.696712 -117.88426 ..............._.........._ _ Phone +19519731064 Email hello@theartspread.org Website https://theartspread.org/ Event Name/Title Culture Meets Canvas: Immersive Art Workshops Event Date(s) October 3 2026 Is this event FREE Yes and OPEN to the public? Event Location(s) Lawn Bowling Center, 2615 N. Valencia St Letter/Email from Property Owner (for public art installations, murals, use of city parks, use of spaces for workshops, etc.) Searching_Sent.pdf Lawn_Bowfing_Facility_Use_Form.pdf What city ward(s) will Ward 3 the event be located (click on link below to find wards)? Number of expected 200 attendance for your event Brief Description of The Art Spread presents an immersive arts and culture workshop event to Project highlight Santa Ana's diverse community. This free, family-friendly event will feature interactive cultural experiences through art, food, and music designed to engage participants of all ages. Hands-on art workshops, led by local artists, will explore meanings and techniques behind cultural art forms where participants can create unique pieces. Highlighted cultures that represent Santa Ana residents include Hispanic, Arab, Iranian, Filipino, and African. The vibrancy of arts and culture from around the world will come together in one place, Santa Ana, for all to experience and appreciate, Describe the As an organization founded and based in Santa Ana, The Art Spread Is community benefits consists of artists, staff', and executive leaders that understand how to of this event benefit the local community through art and culture workshops. With The Art Spread's team living and working in Santa Ana, and having a history of curating successful art experiences to the community, residents will benefit from this event where art and healthy creative expression are accessible to people of all ages, By showcasing diverse backgrounds in one Santa i -Ana location, community members can come together to learn, support, and j enjoy one another's culture through art, food, and music. By highlighting Hispanic, Arab, Iranian, Filipino, and African traditions, this event reflects the diversity within Santa Ana and creates a space where its residents feel seen, valued, and celebrated. The culturally diverse artists from The Art Spread's collective will lead interactive workshops to ensure authentic representation and create an environment that is welcoming. Partnership with community-rooted organizations such as Pueblos, Child Creativity Lab, and AMID Multicultural Institute will also support and participate, further expanding outreach and ensuring genuine cultural representation. Through this free, family-friendly event, The Art Spread's Impact and mission of expanding access to the arts in Santa Ana will benefit everyone, regardless of financial status. Community members establish meaningful relationships with the diverse artists leading workshops and will have an opportunity to create lasting relationships with one another over a shared l experience and appreciation for arts and culture. In getting to know each other on a deeper level, this will strengthen sense of belonging and pride within Santa Ana communities, Beyond Santa Ana, an event like this will attract guests from other California regions from San Diego to the Bay Area to visit the city. This will benefit Santa Ana artists by marketing them to patrons they would not have otherwise met, and shopping at local busineisses(staying locally overnight, generating income for local shops, restaurants and hotels. Amount Requested 10000 µ^ Proposed Use of Event space: $1,800 (fully funded by this grant)M� Funds Artists hired for event: $1,700 (fully funded by this grant) Staff for eventicurating event: $2,500 ($1,200 funded by this grant) Food/Entertainment/Water(including culturally curated music); $600 Photographer: $200 ($100 funded by this grant) Insurance for event: $1,950 (fully funded by this grant) i Art supplies: $600 ($100 by this grant) Marketing/outreach: $1,000 ($750 funded by this grant) j Table/Chair rentals; $400 (fully funded by this grant) Permits: $350 (fully funded by this grant) Accessible Art Giveaway: $750 ($350 by this grant) Sponsorshila funding/donations have been made by other sources including corporations, grants, individuals, and other nonprofit organizations, to support remaining coasts of event. i i By submitting this I agree application, I have read and agree to be bound by the terra and conditions of the Sponsorship Policy found on the website: https:/lwww.santra- ana.orglspecial- event-sponsorship program! 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