Loading...
HomeMy WebLinkAboutNEWSONG COMMUNITY CHURCH OF ORANGE COUNTYINSURANCE NOT REQUIRED WORK MAY PROCEED CITY CLERK N-2023-331 DATE DEC 1 1 7023 0.coa(0) (7. Le) N"6 CITY OF SANTA ANA DONATION AGREEMENT 1. PARTIES AND DATE This Donation Agreement ("Agreement") is made and entered into this 271h 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 Newsong Community Church of Orange County, a California nonprofit public benefit corporation ("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 "WinterSong Holiday Market" ("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 Pumose. The City believes there is a public purpose in providing a safe space for the community to gather with artists and crafters showcasing their work, performances from local dance troupes, and food vendors providing meals for attendees. Additionally, the event is designed to bring economic development to Santa Ana's small businesses. 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 FIVE THOUSAND, FIVE HUNDRED DOLLARS ($5,500) 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 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 N-2023-331 Page 3 of 4 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. ATTEST: APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney CITY OF SANTA ANA OMAS R. HA CH Interim City Manager RECIPIENT: J - i Andrea Garcia -Miller MARIB L TOAN Assistant City Attorney Newsong Community Church of Orange County 910 W. 171b Street, Suite B Santa Ana, CA 92706 RECOMMENDED FOR APPROVAL: MICHAEL L. GARCIA 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 0048 by Adrienne Harkins in Arts & Culture - Special Event Sponsorship Request Form (SESRF) - 2023 agepaco@gmaiLcorn Original Submission Name of Primary Maribel Contact Toan Contact Title Local Global Initiatives Executive Name of Entity NewSong Church (organization, business, neighborhood association) Check the box that Nonprofit 501(c)(3) applies to your entity: Additional Applicant Adrienne Harkins (714) 287-2755 Names (if applicable) Physical Address 1010 West 17th Street Santa Ana CA 92706 us Mailing Address 1010 West 17th Street Santa Ana CA 92706 u5 Phone +17149140965 Email maribel.toan@newsong.net Website www.newsong.com Event Name/Title WinterSong Holiday Market Event Date(s) December 9, 2023 Powered by Submittable U 11 /06/2023 id. 44625414 11/06/2023 Is this event FREE Yes and OPEN to the public? Event Location(s) 1010 West 17th 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 Our 2023 inaugural holiday market will provide a safe space for our Project community to gather. It is a free event and open to the public. We invited artists and crafters to showcase their work, and give them a marketplace into reach potential buyers. We invited food vendors to provide delicious meals for our attendees. We will feature entertainment, including performances from local dance troupes, a salsa dance competition, a salsa tasting competition and more. In the tradition of renowned holiday markets worldwide, we will decorate our marketplace to instill a sense of wonder for our neighborhood families. Describe the Our event is free, open to the public, and designed to bring economic community benefits development to Santa Ana's small businesses, including artists, crafters, of this event entertainers, and food service. Our intention is to create bridges for those who have not traditionally been included in these types of activities. We strive to build our community, strengthen it, and empower our neighbors to explore their talents. We want to make our neighborhood's art and culture accessible to the larger community. Our goal is to create a safe, engaging space for our community to enjoy. Our neighborhood families might face obstacles from selling at holiday markets in other cities. Often, craft fairs vendors are juried and may exclude artists from our community in favor of more commercially viable options. Where our neighborhood families might not be able to travel easily to areas within Southern California to display their works, by creating this marketplace in their backyard, local artisans can easily access a place to do business. By showcasing local entertainment, we can enhance our marketplace with music and dance that will allow all of our attendees to experience the festive season. By giving our artists a place to perform and an audience of 500, we can provide opportunities to be seen and included. Because we want to provide a magical, holiday wonderland, we feel that just a few light strands will not achieve our vision. Providing our neighbors with a comprehensive light display will truly leave them inspired. We want this to be a destination for families to interact, meet with other members of the community, and be proud of their marketplace. A beautifully decorated area will dazzle both adults and children alike, and give them a magical, holiday market experience that they can enjoy safely. Finally, we seek to transform this into an annual event that attracts more and more participants. We hope that attendees from outside the community would be drawn to our marketplace to witness the quality and beauty of our neighborhood's art and culture. Amount Requested 14844.0 Proposed Use of Entertainment honoraria: 10 performers @ $200 each $2,000 Funds Equipment rentals: canopies, lights, tables, linens, chairs $9,400 Insurance $500 Permits $438 Decorations $1,706 Miscellaneous supplies (children's activities, crafts, extension cords, etc.) $800 TOTAL $14, 844 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/cd/arts- culture-office/s pecial- event-sponsorship- policy