The URL can be used to link to this page

Home My WebLink AboutCHARITABLE VENTURES OF ORANGE COUNTY (28)City of Santa Ana Clerk of the Council AGREEMENT TERMINATION FORM Please complete this form in its entirety when the attached agreement and all amendments (if any) are no longer in effect. Note: If your agreement is grant related, please ensure that all grant retention requirements have been satisfied prior to signing the termination form. Is the agreement(s) a permanent record? Yes No 4 Return form to the Clerk of the Council Office (M-30). Call 647--1520 if you have any questions. The agreement with ^, Ve- U rv" COTC Office Use Only C2,0Z City of Santa Ans JAN 11 2024 City Clerk's Of!C6' N-2022-115 No. was completed on and final payment has been made. (List all amendments. Use space below if needed.) Department: (_ Phone/Ext.: Signature: Date=1��„� i:lagreerrentsVormslform - agreement termination fong olden rod. doo INSURANCE NOT REQUIRED WORK MAY PROCEED CLERK OF COUNCIL DATE APR 2 8 2022 6 cUA(S-A) �- 1. PARTIES AND DATE CITY OF SANTA ANA DONATION AGREEMENT N-2022-115 This Donation Agreement ("Agreement") is made and entered into this 27th day of April, 2022, 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 (Santa Ana Grants for Blocks a Project of Charitable Ventures of Orange County, the fiscal receiver for applicant Willard Neighborhood 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 Dia del Nino (Children's Day), a free event celebrating the children of the Willard neighborhood with a fun -filled day with arts, music, and cultural activities ("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 AgreeTent to establish the terms and conditions under which the City will provide funding. 2.2 Public Puiroose. The City believes there is a public purpose in providing free arts and cultural enrichment activities within walking distance for families in surrounding neighborhoods, especially since most of those families live in rental housing and have limited access to vehicle transportation. The event supports local artists and community partners and will culminate in a children's art project to beautify the Willard Park entance. 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 3A Use of Funds. The City has chosen to provide Recipient with a one-time payment of ONE THOUSAND, THREE IIUNDRED, EIGHTY-FIVE DOLLARS ($1,3$5) 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 antrum. CITY OIL SANTA ANA DONATION AORUMCNT Page 2 of 5 Notwithstanding the foregoing, the indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. 3.3 3yaiyers, 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 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 CitX. 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 Xndemnification 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 fiom 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 ContractModific t# tion. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereon 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. CITY or, SANTA ANA DONATION AGRECMLN'r Page 3 of 5 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. Fach 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 DONATION AGREEMENT Page 4 of 5 N-2022-115 IN WITNESS WITEREOF, the parties hereto have executed this Agreement on the day and year first above written. ATTEST: e Dai y ome Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By. Ryan 0. od e Assistant City Attorney RECOMMENDED FOR APPROVAL: Steven A. Mendoza Assistant City Manager Executive Director, Community Development Agency CITY OF SANTA ANA Kristine Ridgd' City Manager ARTIST: v Y6^'L Sign (Willard Neighborhood Association) Print Name: SV'Ua .9 & howQ S Address: _b 401J\) 6 -faYiyyx St ARTIST: r *V- -t (,A eta-lo(gv Sign (Santa Ana Grants for Blocks a Project of Charitable Ventures of Orange County) Print Name: Margarita G. Macedon io, Address: 1505 E.17th Street, Suite #101 CITY 09 SANTA ANA DONATION AGRICEMRNT Page 5 of 5 EXHIBIT A Request for Sponsorship Funds City of Santa Ana Powered by SubmittFable Title 0063 by Irene Cabanas in Arts & Culture - Special Event Sponsorship Request Form (SESRF) - 2021 irenecabanas101 @gmaiLcom 02/07/2022 id. 22517840 Original Submission 02/07/2022 Name of Primary IRENE Contact CABANAS Contact Title President, Willard Neighborhood Association Name of Entity IMW Agency (organization, business, neighborhood association) Check the box that Santa Ana Neighborhood Association (city -recognized) applies to your entity: Additional Applicant Bianca Marchese Names (if applicable) Physical Address 1404 N Parton Street Santa Ana CA 92706 us Mailing Address 1404 N Parton Street Santa Ana CA 92706 us Phone +17147212256 Email IRENECABANAS101@GMAIL.CQM Website Event Name/Title Dia del Nino (Children's Day) Event Date(s) April 30, 2022 Is this event open to Yes the public? Event Location(s) 1510 N Parton Street, Santa Ana, CA 92706 What city ward(s) will Ward 5 the event be located (click on link below to find wards)? Number of expected 500 attendance for your event Brief Description of Willard Neighborhood friends and community partners are invited for Project a FREE event celebrating the children of our community with a (un- filled day with arts, music and cultural activities. The Willard NA's goal is to build on the success of its first Children's Day event held in June 2021. ACTIVITIES • Local Youth Group Performances • DJ Music and Dance Game • Art Project to beautify the entrance of Willard Park (art tiles) • Games and Fun Agility Activities • Passport Game: Learn about family resources • FREE STEAM toy for children • Paleta and fresh fruit refreshments Describe the The Willard community of just over 9,600 residents is made up of community benefits 41%youth. With most families living in rental housing and limited of this event vehicle transportation, it is important to bring activities like this for arts and cultural enrichment within walking distance. While the event Is open to the public, special outreach will be to invite the community of Willard. This event supports local artists and community partners to further arts and culture In Santa Ana, including. El Sol Academy Ballet Folkonco, Willard Int. Marlachl, Santa Ana Active Streets, Project Kinship, QCCTAC. A central activity for this event will be a children's art project to beautify the Willard Park entrance (15th & Parton). This event also supports the City Council's mission of: Investment In Children, Neighborhood Pride, Enriched Cultural Experiences Amount Requested 9850.0 Proposed Use of Funds By submitting this 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/cd/arts- culture-office/s pecial- event-sponsorship- policy Venue Fee $700.00 Event Insurance $200.00 Stage Installation and Sound Equipment Rental $800.00 Chair/Table Rentals $150.00 Willard Park Art Project supplies (tile, paint, materials) $1,600.00 DJ & Kids Dance activity $500.00 Obstacle Course/Bounce House $650.00 Face Painter (3 hours) $300.00 Ice Cream/Paletas and Fresh Frult for all children $500.00 Volunteer Refreshments and Water $200.00 Children's STEAM toy giveaway/activities (200 qty) $20000.00 Stage Signage and balloons $500.00 Custodial Services $200.00 Willard NA Tent and table cover $1,000.00 Sponsor Banner and Event Signage $400.00 Volunteer Tshirts $250.00 Total Budget $9,850.00 I agree