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Home My WebLink AboutONEOC (2)INSURANCE NOT REQUIRED WORK MAY PROCEED CITY CLERK N-2023-320 DATE' NOV 3 0 2023 Q'. f-I)A Co) (z. i_� Woo' 1. PARTIES AND DATE CITY OF SANTA ANA DONATION AGREEMENT This Donation Agreement ("Agreement") is made and entered into this 15th day of November, 2023, 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 OneOC ("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 the 18a` Annual Madison Park Neighborhood Association & GREEN-MPNA Walkathon, Resource Fair & Cultural Festival which was held on October 13, 2023 ("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 promoting community engagement, health, and wellness within the neighborhood through physical activities, cultural presentations, and access to an array of valuable resources. 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 NINE THOUSAND, TWO HUNDRED, EIGHTY-EIGHT DOLLARS ($9,288) 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 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 Page 2 of 4 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 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. 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 Page 3 of 4 N-2023-320 individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement bind each respective Party. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Andrea Garcia- filler Assistant City Attorney RECOMMENDED FOR APPROVAL: MICHAEL L. GARCIA CITY OF SANTA ANA Tom Hatch Interim City Manager Print Name: Victoria Muffie OneOC 1901 E. 4"' Street, Suite 100 Santa Ana, CA 92705 Executive Director, Community Development Agency CITY OF SANTA ANA DONATION AGREEMENT Page 4 of 4 EXHIBIT A Request for Sponsorship Funds City of Santa Ana Title 0019 Powered by SubmiUable 0 09/12/2023 by Jose Rea in Arts & Culture - Special Event id.44040459 Sponsorship Request Form (SESRF) - 2023 josejrea@gmail.com Original Submission 09/12/2023 Name of Primary Sarahi Contact Gutierrez Contact Title Community Organizer Name of Entity Getting Residents Engaged in Empowering Neighborhoods - Madison Park (organization, Neighborhood Association business, neighborhood association) Check the box that Nonprofit 501 (c)(3) applies to your entity: Additional Applicant GREEN MPNA is a fiscally sponsored project of OneOC (EIN 95- Names (if applicable) 2021700). Physical Address 1801 E. Edinger Ave STE 120 Santa Ana CA 92707 us Mailing Address 1801 E. Edinger Ave STE 120 Santa Ana CA 92707 us Phone Email Website Event Nam/Title +16572101009 communityorganizer@rnpnagreen.org www.mpnagreen.org 18th Annual Madison Park Neighborhood Association & GREEN-MPNA Walkathon, Resource Fair& Cultural Festival Event Date(s) October 14, 2023 Is this event FREE and OPEN to the public? Event Location(s) Yes 1528 S Standard Ave, Santa Ana, CA 92707 What city ward(s) will Ward 6 the event be located (click on link below to find wards)? Number of expected 600 attendance for your event Brief Description of The 18th Annual Madison Park Neighborhood Association & GREEN-MPNA Project Walkathon, Resource Fair & Cultural Festival is a community event organized in collaboration with the Santa Ana Unified School District (SAUSD) and the City of Santa Ana (COSA). The event aims to promote community engagement, health, and wellness within the neighborhood. This event has been an integral part of our community, attracting hundreds of residents each year who have enjoyed a day filled with physical activities, cultural presentations, and access to an array of valuable resources. Describe the The 18th Annual Madison Park Neighborhood Association & GREEN-MPNA community benefits Walkathon, Resource Fair & Cultural Festival is a community event of this event organized in collaboration with the Santa Ana Unified School District (SAUSD) and the City of Santa Ana (COSA). After a three year hiatus due to the COVID-19 pandemic, we are excited to bring back this annual event on Saturday October 14th, 2023, at Madison Park. The event aims to promote community engagement, health, and wellness within the neighborhood. This event has been an integral part of our community, attracting hundreds of residents each year who have enjoyed a day filled with physical activities, cultural presentations, and access to an array of valuable resources. This year, we are thrilled to return to this tradition. The day will kick off with the neighborhood "Walk-A-Thon" from 9:OOam to 10:30am, followed immediately by the Resource Fair & Festival from 10:30am to 3:OOpm at Madison Park in Santa Ana, located at 1528 S. Standard Ave. This central location makes it easily accessible to residents from the Madison Park Neighborhood and surrounding areas such as Pacific Electric Park, Cornerstone Village, Minnie Street, and Cedar Evergreen CO -Op. The Walk-A-thon focuses on getting the community moving and active, stressing the importance of exercise and improved health. The Resource Fair will feature about fifty agencies and organizations providing valuable information on health prevention programs, health screenings, education, job training and placement, youth programs, safety, citizenship, transportation, legal aid, and human services. Attendees will have the opportunity to learn about and access various resources available to them, enhancing their quality of life. Beyond the promotion of physical activity, healthy living, and community engagement, the event will celebrate cultural diversity. The event will offer a festive atmosphere with a halloween theme, trunk -or -treat, music, entertainment, and cultural showcases illustrating the richness of our community. We will have local food trucks invited to sell food, and we will also have a free food distribution as an additional resource for the community. We aim to celebrate and promote cultural awareness while fostering a sense of community belonging. The 18th Annual GREEN-MPNA Walkathon and Resource Fair is an inclusive event designed to inform, engage, and empower the Madison Park Neighborhood and surrounding communities of Santa Ana. By participating in the "walkathon" and exploring the different activities, attendees will not only prioritize their health but also contribute to the strengthening of community bonds. Amount Requested 15000.0 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/speci al - event -sponsorship - policy The proposed budget will focus on paying for events equipment, supplies, speakers, and advertisement materials. No. Itinerary Line Quantity Cost Actual Cost 1 Fiscal Fee (One OC) 1 $1,500.00 $1,500.00 2 Rental for chairs, tables, canopy 1 $3,270.00 $3,270.00 3 Show Mobile Stage 1 $1,704.60 $1,704.60 4 Decorations - Balloon 1 $1,000.00 $1,000.00 5 Snacks for volunteers 50 $5.00 $250.00 6 Lunch for volunteers 50 $12.00 $600.00 7 Table Markers 200 $30.00 $30.00 8 Entertainment - Banda 1 $1,300.00 $1,500.00 9 Entertainment - Mariachi 1 $500.00 $500.00 10 Entertainment - Carter Family 1 $0.00 $250.00 11 Sound Engineer 1 $0.00 $500.00 12 DJ 1 $0.00 $500.00 13 Entertainment - Baile Folklorico 1 $500.00 $500.00 14 Liability Waivers (print) 500 $211.50 $211.50 15 Pamphlets (wavier) 500 $211.50 $211.50 16 Walkathon Fliers (print) 3000 $0.76 $2,250.00 17 T-shirts for volunteers 100 $12.00 $1,200.00 Total $8,757.35 $14,477.60 I agree