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HomeMy WebLinkAboutGOMEZ, LUPE A. JR. INSURANCE NOT REQUIRED WORK MAY PROCEED N-2026-168 CITY CLERK DATE: JUL 0 8 2026 b: 01)Pr t31) CITY OF SANTA ANA tAt (pZ) 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 existing under the Constitution and the laws of the California ("City"), and Lupe A Gomez JR ("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 "Community Youth Ma and Movement Festival" ("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 providing free arts and recreation programming for youth, creating a safe and engaging space for creative expression and physical activity, and supporting cultural learning and community connection 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, Eight Hundred, Thirty- Three dollars (S3,833) 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 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. CITY OF SANTA ANA DONATION AGREEMENT Paget of • 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. 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 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 CITY OF SANTA ANA DONATION AGREEMENT Page3of5 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 II I CITY OF SANTA ANA DONATION AGREEMENT Page 4 of 5 IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the day and year first above written. ATTEST: CITY OF SANTA ANA /1/A-42"1," I E'. ALVARO NUNEZ City Cle City Manager APPROVED AS TO FORM: SONIA R. CARVALHO ARTIST: Lupe A. Gomez, Jr. aka Tony Gomez City Attorney -C624 By; k u c` Andrea Garcia Name: Tony Gomez Senior Assistant City Attorney Attn: Logan Neighborhood/French Court Neighborhood Address: 1501 N Dresser St City,CA Zip: Santa Ana, CA 92701 RECOMMENDED FOR APPROVAL: • ;(.4e, -,C)77-2 ZC MICHAEL L. GARCIA Executive Director, Community Development Agency City of Santa Ana Powered by Submittable U Title 0031 04/06/2026 by Tony Gomez in Arts & Culture -Special Event id. 53760675 Sponsorship Request Form (SESRF) -2025-2026 tgomez103Jc@g maii.com Original Submission 04/06/2026 Score Name of Primary Tony Contact Gomez Contact Title Local Artist • • Name of Entity Logan Neighborhood/ French Court Nieghborhood ...__.. _. ........__.___ __-_ _.__.__... _ ... -. ._ (organization, g business, • neighborhood association) Check the box that individual/Community Group applies to your entity: Additional Applicant Names (if applicable) Physical Address 1501 N. Dresser St. Santa Ma CA 92701 US 33,757974 -117,862793 Mailing Address 1501 N. Dresser St. Santa Ana CA 92701 US 33.757974 -117.862793 Phone +17147973762 Email tgomez103jc@gmail.com ... . .. . ... .. .. Website Event Name/Title Community Youth Arts and Movement Festival Event Date(s) 05/22/2026 Is this event FREE Yes and OPEN to the public? Event Location(s) Davis Elementary School Letter/Email from Property Owner (for public art installations, murals, use of city parks, use of spaces for workshops, etc.) Factlity_Use_Permit Davis_.pdf What city ward(s)will Ward 4 the event be located (click on link below to find wards)? Number of expected 75-80 attendance for your event Brief Description of "Youth Art & Culture Movement Festival" is a free event led by a Santa Ana Project muralist Tony Gomez, offering arts education to local youth. The event will feature live, guided painting workshops where 70-80 children will learn mural techniques and create their own collaborative canvas art. To promote holistic wellness, the event will also incorporate physical movement and recreational activities, accompanied by local break dancers and Soccer coaches. This inclusive, publicly accessible event celebrates Santa Ana's vibrant street art culture while providing a safe, creative outlet for neighborhood youth to paint and move. Describe the • Accessible Arts Education: Provides free, hands-on mentorship from an community benefits experienced local muralist to underserved youth who may not have access of this event to formal art classes. • Community Cohesion: Creates a safe, structured, and positive weekend environment for 70-80 neighborhood kids and their families to gather. • Holistic Development: Bridges arts and culture with physical recreation, promoting both creative expression and healthy, active lifestyles. • Cultural Celebration: Fosters civic pride by teaching youth about the artistic heritage of Santa Ana's murals and empowering them to create their own. Amount Requested 10000 Proposed Use of 1. Lead Artist Honorarium: Professional fee for the Lead Muralist (concept Funds design, site preparation, leading the youth painting workshops, and final mural sealing/touch-ups). $2,500 2. Canvas and Mural Production Materials: 80-8x1 o canvas , High-quality exterior paint, primer for wall, UV sealant, brushes, rollers, painter's tape, drop cloths, and safety equipment for the Davis Elementary mural. $1,500 3, Interactive Screen-Printing Workshop: Rental equipment, screens, non- toxic inks, and blank T-shirts so attendees can learn the print process and take-home wearable art. $1,500 4. Community Hospitality: Food truck buyout/vouchers to provide free, culturally relevant meals and hydration for youth and families participating in the multi-hour workshops. $1,500 5, Cultural Entertainment& Instruction: Professional fees for local Breakdance/Salsa Instructors to lead youth movement workshops, plus DJ/Audio equipment rental for the music venue. $1,000 6. Event Logistics & Compliance Mandatory Special Event Liability Insurance, city/school permit fees, and rental of essential infrastructure (tables, chairs, pop-up shade tents), $1,000 7. Outreach &Arts Giveaways: Printing of bilingual marketing flyers/posters to ensure public access, plus arts-focused raffle items to encourage youth participation. $1,000 TOTAL $10,000 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- program/ event-sponsorship- program'