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Home My WebLink AboutKIDSINGERS 1114SURANKE i�OT REQUIRED N-2026-102 WORK MAY PRMED CITY CLERK DATE: MAY 11 2026 o CITY OF SANTA ANA VT6krA L DONATION AGREEMENT � 1. PARTIES AND DATE This Donation Agreement ("Agreement") is made and entered into this 9th day of April, I 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 KidSingers ("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 "KidSingers Spring Concert The power of Love" ("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 i City will provide funding. ! 2.2 Public Purpose. The City believes there is a public purpose in providing a safe and inspiring after-school music program for Santa Ana students, fostering creativity, confidence, and community through the power of song. 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. TERNIS AND COINDMONS f 3.1 Use of Funds. The City has chosen to provide Recipient with a one-time payment of ! Four Thousand, Three Hundred, Seventy-Five dollars ($4,375) for this event because the City has determined that there is a public purpose to be served in supporting the Community Benefit. In i 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. i 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 havc_tb_e_ 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 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 ! i CITY OF SANTA ANA DoNATIQN AGREEMENT Page 2 of 5 injury, the City may, in its sole discretion, require Recipient to provide certain insurance I 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, j r 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 j costs and expenses. The only exception to the Recipient's obligations hereunder shall be for claims, I'I demands, causes of action, costs, expenses, liabilities, losses, damages or injuries caused by the sole ! negligence, sole willful misconduct or sale 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 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 individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement bind each respective Party. t I i CITY OF SANTA ANA f DONATION AGREEMENT Page 3 of 5 I [signatures to follow] 4 4 II i i 1 i CITY OIL 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 NTA ANA t-� IFER AL ALVARO NUNEZ City Clerk City Manager APPROVED AS TO FORM: SONIA R. CARVALHO ARTIST: City Attorney 3� B � � . Y Andrea Garcia Name:Paul McNeff Senior Assistant City Attorney Attn:KidSingers Address: 2321 E 4"'St,C549 i City,CA Zip: Santa Ana, CA 92705 RECOMMENDED FOR APPROVAL: N 1CHAEL L. GARCIA Executive Director,Community Development Agency I CITY OF SANTA ANA DONATION AGREEMENT Page 5 of 5 I EXHIBIT A Request for Donation Funds i f I f i iY i i F a S i i City of Santa Ana Powered by Submittable Title 0001 02/25/2026 by Paul McNeff in Arts & Culture -Special Event id- 53290729 Sponsorship Request Form (SESRF) -2025-2026 pavimcneff@kidsingers.org Original Submission 02/25/2026 Score Name of Primary Paul - --- Contact McNeff Contact Title Executive Director Name of Entity KidSingers in Ward 5 (organization, business, neighborhood association) Check the box that Nonprofit 501(c)(3) applies to your entity: Additional Applicant ^ ------------� .---- - � Names (if applicable) i Physical Address 2321 EAST 4TH STREET C649 — SANTA ANA California 92705-3861 US 33.7483437 -117.834032 Mailing Address 2321 EAST 4TH STREET C549 i SANTA ANA California 92705-3861 u5 - 33.7483437 -117.834032 Phone +17146125313 Email paulmcneff@kidsingers.org W ebs i to www.l(ldsingers.org I Event Name/Title KidSingers Spring Concert-- "The Power of Love" Event Date(s) May 2, 2026 is this event FREE Yes and OPEN to the j public? Event Location qua s) First Presbyterian Church Santa Ana, 600 N. Main Street, Santa . _ , - ---- ___ - --- - --- ----- , CA I 92701 Letter/Er-nail from Property Owner (for public art installations, murals, use of city parks, use of spaces for workshops, etc.) What city ward(s) will Ward 5 the event be located (click on link below to find wards)? Number of expected 200 attendance for your event Brief Description of KidSingers 2026 Spring Concert, entitled"The Power of Love", will feature Project hit songs engagingly performed by KidSingers choirs, including "Put A Little E Love in Your Heart" and "What the World Needs Now is Love", to name a few. Five choir performances will uplift, inspire, and empower audiences to realize how their voices, too, can make a positive difference in the Santa Ana Community and beyond. Also inspirational, included in this concert, $5,000 in college scholarships will be awarded to worthy KidSinger applicants, Concert will take place at First Presbyterian Church, Santa Ana, - -- - — located downtown at 600 N. Main St. I i i i I Describe the Since 1997, KidSingers has provided a safe and inspiring after-school community benefits music program for Santa Ana students in grades 3-12, fostering creativity, of this event confidence, and community through the power of song. KidSingers uses music education as a catalyst for personal growth, resilience, and belonging—helping young people navigate the social, economic, and emotional challenges of today's world. The program also benefits the families of the Santa Ana community, awarding college and vocational scholarships to youth in the program totaling$170,000 since 2003, Through the power of song, students discover who they are and what they can achieve. They learn discipline, teamwork, and the joy of creating something beautiful together. But more importantly, they find belonging—a sense that they matter and that their voices have power. At the heart of NdSingers is a simple, powerful promise— Our Pledge: We pledge to respect one another, to be trustworthy and fair. We will care about each other and be good citizens. Above all else, we will take responsibility for our actions in our quest to build a better you and a better me, These words guide everything we do. They remind our youth that music is not just about performance—it's about character, empathy, and shared responsibility, In a world where so many young people feel disconnected or unheard, KidSingers offers a place where values and voices come together in harmony. t At KidSingers, music isn't just what we teach—it's how we grow, heal, and imagine a brighter future, one note and one promise at a time. Amount Requested 5000 Proposed Use of KidSingers will use $5,000 to partially fund KidSingers' professional staff of Funds four choral directors and three piano accompanists, with each staff member vital to the success of executing 260 hours of rehearsals and seven live concert performances every year. 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- i program) i i