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Home My WebLink AboutHERITAGE MUSEUM OF ORANGE COUNTY (14) INSURANCE NOT REQUIRED WORK MAY PROCEED N-2026-103 CITY CLERK DATE: MAY 1 124�6 719 VVI L e �� CITY OF SANTA ANA DONATION AGREEMENT 1. PARTIES AND DATE This Donation Agreement ("Agreement") is made and entered into this 9th 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 Heritage Museum of Orange County("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 "Santa Ana Movement Exchange —A Community Dance Showcase" ("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 strengthening community connections and honoring rich Indigenous heritage of California through traditional dance competitions, live music, Native craft vendors, storytelling, and hands-on activities for children in an inclusive, family-friendly setting. 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. I 3. TERMS AND CONDITIONS 3.1 use of Funds. The City has chosen to provide Recipient with a one-time payment of Eight Thousand, One Hundred,Twenty-Five dollars ($8,125) 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 I pursuant to Section 3.2 below. 3.2 Term; Termination of Agreement.eement. 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.- 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 (id%) per annurn. Notwithstanding the foregoing, the indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. i CITY OF SANTA ANA DONATION AGREEMENT Page 2 of 5 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. i 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 Recipicrifs 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 j 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. i i 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 }i i i CITY OF SANTA ANA DONATION AGREEMENT Page 3 of 5 i individuals who have signed this Agreement have the legal power, right, and authority to male this Agreement bind each respective Party. [signatures to follow] 1 l f 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 TA AN II E HALL ALVARO NUN City Clerk City Manager APPROVED AS TO FORM; SONIA R. CARVALHO ARTIST: City Attorney B d" Andrea Garcia Name: Candace Chromy Senior Assistant City Attorney Attn: Heritage Museum of Orange County Address: 3101 W Harvard St City, CA Zip: Santa Ana, CA 92704 RECONIIVIENYDED FOR APPROVAL: r MICHAEL L. GARCIA Executive Director, Community Deveiopment Agency Cn,y OF SANTA ANA DONATION AGRL,Fum NT Page 5 of 5 EXHIBIT A Request for Donation Funds City of Santa Ana Powered by Subrrgttable Title 0006 03104/2026 by Candace Chromy in Arts c4i Culture -Special id. 53392015 Event Sponsorship Request Form (SESRF) - 2025-2026 cchrorny@he(itageMLISeurnoc.org Original Submission 03/04/2026 ----------- Score n/a Name of Primary Candace Contact Chromy Contact Title Executive Director Name of Entity Heritage Museum of Orange County (organization, business, neighborhood association) ------------- Check the box that Nonprofit 501(c)(3) applies to your entity: Additional Applicant Names (if applicable) Physical Address 3101 W Harvard St SANTA ANA California 92704 us 33.720689 -117.910646 Mailing Address 3101 W Harvard St SANTA ANA California 92704 us 33.720689 -117.910646 Phone +17145400424 Email echromy@heritagemuseuwc.org Webs ite www.heritagemuseumoc.org f Event Name/Title Pow Wow 2026 j Event Date(s) November 14, 2026 Is this event FREE Yes - - - - - and OPEN to the i public? Event Location(s) 3101 W Harvard St. Santa Ana CA 92704 Letter/Email from Property Owner (for public art installations, murals, use of city parks, use of spaces for workshops, etc.) What city ward(s)will Ward 1 the event be located (click on link below to find wards)? j Number of expected 2000 _ attendance for your event i Brief Description of The Pow Wow at the Heritage Museum of Orange County will bring Project together tribal leaders, dancers, drummers, artisans, and families for a powerful day of cultural celebration and education. Guests experience traditional dance competitions, live music, Native craft vendors, storytelling, and hands-on activities for children in an inclusive, family- i friendly setting. We partner with RedBoy Productions that offer connections to tribes throughout the Americas. Describe the The event will welcome hundreds of attendees from across the region, community benefits strengthening community connections and honoring the rich Indigenous of this event heritage of California. The Pow Wow plays a vital role in supporting cultural preservation, educational outreach, and meaningful community engagement I ---helping ensure this vibrant tradition continues for future generations. Amount Requested 10000 i i Proposed Use of Funds Entertainment Head Man $600.00 Head Woman $600,00 MC $600.00 Gourd Dancer$600,00 Drums 2 groups $1,200.00 Arena Director $600.00 Total $4,200.00 Rentals Bleachers $4,000,00 Portable Toilets $1,050.00 } Sound System$400,00 Hotel for 2 nights for MC $350.00 Total $5,800.00 Staff Costs (Not included in event costs) 2shfts, 6.5hrs 3 staff per shift, all (6) managers 8 hours Day of staff costs $1,250.00 Planning $800.00 Total $2,050.00 Expenses $10,000.00 Expenses -Staff$12,050.00 i 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:/twww-santa- ana.org/special- event-sponsorship- progran-V i 3