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Home My WebLink AboutVIETNAMESE AMERICAN ARTS AND LETTERS ASSOCIATION 11MURANCE ROT RE01,11RED i 1WRK M'AY PWCE_E=D N-2026-120 CITY CLERK DATE: JUN 0 2 2026 � Trftiw0l-� ) CITY OF SANTA ANA DONATION AGREEMENT 1. PARTIES 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 i existing under the Constitution and the laws of the California("City"), and Vietnamese American Arts and Letters Association("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 "Viet Film Fest" ("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. I 2.2 Public Purpose. The City believes there is a public purpose in supporting a free public film festival that celebrates Vietnamese and Vietnamese diasporic storytelling, promotes cultural representation and cross-cultural understanding through film screenings and community discussions, and strengthens Santa Ana's arts economy while supporting local businesses and cultural engagement. 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 I 3.1 Use of Funds. The City has chosen to provide Recipient with a one-time payment of Seven Thousand, Three Hundred, Thirty-Three Dollars ($7,333) 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 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 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. I 1 i p� f i CITY OF SANTA ANA Page Z of 5 i i 3.3 Waivers,_Insurance or Other Obligations. For purposes of the City's protection, if the City determines that the fiends 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/reloase 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 Agreemont 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 anal/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 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 i 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 AutharYty to Enter Agreement.eement. 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 AGPx,E,MIENT 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 E i i I 1 i CITY OF SANTA ANA DONATION AGREEMENT Page 4 of 5 i E IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the day and year first above written. ATTEST: CITY OF A ANA a ALVARO NUREZ City Cle W i F City Manager APPROVED AS TO FORM: SONIA R. CARVALHO ARTIST: City Attorney 'J�' , By. c LK CA- Andrea Garcia Namc: Ysa Le Senior Assistant City Attorney Attn: Vietnamese American:Arts Letters Association Address:PO Box 20218 I City,CA Zip: Fountain Valley, CA 92708 RECOMMENDED FOR APPROVAL: �f t/ MICHAEL L. GARCIA Executive Director,Community Development Agency i i I i CITY Or SANTA ANA DONATION AGREUMENT Page 5 Of 5 EXHIBIT A Request for Donation Funds i i I City of Santa Ana Powered by SubrItttable Title 0015 03/26/2026 by Ysa Le in Arts & Culture-Special Event id. 53621529 Sponsorship Request Farm (SESRF) „2025-2026 PO 60X 20218 FOUNTAIN VALLEY, California 92723 CA United States 7149142260 ysale@,vaala.org Original Submission 03/25/2026 Score n/a Name of Primary Ysa Contact Le Contact Title Executive Director Name of Entity Vietnamese American Arts and Letters Association (organization, business, neighborhood association) Check the box that Nonprofit 501(c)(3) applies to your entity: Additional Applicant Names (if applicable) Physical Address 9574 Moss Glen Avenue Fountain Valley CA 92708 us 33.730725 -117,962293 Mailing Address PO Sox 20218 Fountain Valley CA 92728 us 33.713033 -117.928407 I Phone +17149142260 Email ysale@vaala.orgn - - .._..... -- __.._..._................__........... ... . ... ...._.. __.M...._..........._._................_.. ......._._....__..._..._._ _.-,_. ..___..._,.._. .. ...__. ._...... Webslte www.VietFlImFest.com Event Name/Title Viet Film Fest Event Date(s) October 9, 10, and 11, 2026 _ Is this event FREE No and OPEN to the public? Event Location(s) The Frida Cinema, 305 E. 4th Street, Santa Arta, 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 4 the event be located (click on link below to find wards)? Number of expected 3,500 attendance for your event Brief Description of Viet Film Fest is an annual film festival organized by the Vietnamese Project American Arts & Letters Association (VAALA), It showcases work by Vietnamese and Vietnamese diasporic filmmakers worldwide, alongside films that explore Vietnamese people and culture from broader global perspectives. Featuring narrative features, documentaries, and shorts, the festival uses filmmaker O&As, parcel discussions, and community-focused i events to highlight Vietnamese stories and perspectives while drawing out universal themes that resonate across different communities and foster shared dialogue and connection, 1 j II i i Describe the Viet Film Fest benefits the Community by celebrating Vietnamese culture community benefits and stories, fostering pride and representation for Vietnamese and of this event diasporic audiences, and inviting people of all backgrounds into deeper cross-cultural understanding. Through films, Q&As, and panels, it amplifies underrepresented voices, supports youth engagement in the arts, and sparks meaningful dialogue around history, identity, and social issues. The festival also strengthens community ties and the local arts ecosystem, draws filmmakers and audience members from across the United States and around the world, boosts nearby restaurants, shops, and hotels through increased foot traffic, creates valuable partnership and visibility opportunities for local businesses and organizations, and helps promote Santa Ana as a vibrant arts and cultural hub. Amount Requested 10000 Proposed Use of The $10,000 sponsorship can help cover some of these expenses:µ Funds Theater rental and technical cost for three days: $14,950 Travel stipends and lodging assistance for visiting directors and guest speakers: $8,000 Printing of posters, postcards, program brochures, banners: $2,000 j 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 wobsite: hftps://www.santa- ana,orglspeolal- event-sponsorship- program/ i