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Home My WebLink AboutORANGE COUNTY CHILDREN'S THERAPEUTIC ARTS CENTER (27) INSURNICE MT REOU1RED N-2026-9 04 � WORK lulAY PROCEED CITY CLERK DATE: MAY 11 2026 T u m Lc (D I-) CITY OF SANTA ANA DONATION AGREEMENT I. PARTIES AND DATE i 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 Orange County Children's Therapeutic Arts Center ("Recipient"). City and Recipient are sometimes individually referred to as "Party"and collectively as"Parties" in this Agreement. 2. RECITALS I 2.1 Community Benefit. The City wishes to provide Recipient with funding to assist Recipient with "2026 Community Partners Celebration" ("Community Benefit"). The Request for Sponsorship Funds is attached hereto as Exchibit 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 j provide funding. 2.2 Public Purpose. The City believes there is a public purpose in highlighting the growth and achievements of youths through student performances and an art showcase, to bring understanding, break down barriers, and build a more connected compassionate city, 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. E E 3. TERMS AND CONDITIONS 3.1 Use of Funds, The City has chosen to provide Recipient with a one-time payment of Five Thousand, Three Hundred, Fifty dollars ($5,350) 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 Terra-, 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-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. i CITY OF SANTA ANA DONATION AGREEMENT � Page 2 of 5 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 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. 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 fiends 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 j of the Recipient or its officials, officers, employees, agents, guests, participants attendees, and I 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 R 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'dnd conditiaris aftbis 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 CITY OF SANTA ANA. DONATION AGREEMENT Page 3 of 5 individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement bind each respective Party. [signatures to fallow) E S I CITY nE 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 JENNIFE A L ALVARO NU&EZ City Clerk City Manager APPROVED AS TO FORM: SONIA R. C ARVALHO ARTIST: City Attorney By Andrea Garcia Name: Ana Jimene -farm Senior Assistant City Attorney Attn: (range Ccaunty Children's Therapeutic Arts Center Address: 22I5 N Broadway St, I" Floor City, CA Zip: Santu Ana-. CA 92706 RECOMMENDED FOR APPROVAL: 1 M IC1I,11.L L. GARCIA F'Acc:utive Director, Conianunit} [icvrlkiFment Agency CITY OF SANTA ANA DONATION AGREE,MENT Page 5 of 5 EXHIBIT A Request for Donation Funds City of Santa Ana Powered by Submittable Title 0005 03/04/2026 by Emily Carlton in Arts & Culture -Special Event id. 53388158 Sponsorship Request Form (SESRF) -2025-2026 2215 N BROADWAY Floor 1 Santa Ana, California 92706-2664 United States 7145475468 emilyc@ocotr-tc.org Original Submission 03106/2026 Score Name of Primary Emily Contact Carlton Contact Title Development, Events & Communications Coordinator Name of Entity Orange County Children's Therapeutic Arts Center (organization, business, neighborhood association) Check the box that Nonprofit 50 1(c)(3) applies to your entity: Additional Applicant Dr. Ana Jimenez Hami Names (if applicable) Physical Address 2215 N. Broadway, Floor I Santa Ana CA 92706 US 33.7660908 -117.8691711 Mailing Address 2215 N. Broadway Floor I Santa Ana CA 92706 Lis 33.7660908 .-117.8691711 i l Phone +17143939035 Email emilyc@occtac,org - { Website www.occtac.org - Event Name/Title 2026 Community Partners Celebration j Event Date(s) May 21, 2026 Is this event FREE Yes and OPEN to the public? Event Location(s) The Estate on Second, 207 W. 2nd Street, Santa Ana, CA 92701 - -- 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 5 the event be located (click on link below to find wards)? Number of expected 100 attendance for your event Brief Description of OCCTAC will celebrate its 2025-2026 Community Partners on May 21, Project 2026,. at The Estate on 2nd. This special event honors the businesses, foundations, and fellow Santa Ana nonprofits that help advance our mission of providing high-quality therapeutic arts programming to low-income families with children with special needs. The evening will include awards and special recognitions, along with student performances and an art showcase highlighting the growth and achievements of our participants, Community members are invited to join us in celebrating the partnerships that make this life-changing work possible. i I Describe the OCCTAC's Community Partner Celebration strengthens the Santa Ana community benefits community by honoring the collaborative partnerships that make meaningful of this event services possible for individuals with disabilities and their families. By recognizing the nonprofits, foundations, and organizations that have supported OCCTAC throughout the year, the event reinforces a shared commitment to equity, inclusion, and opportunity. The celebration also opens its doors to the broader community, inviting neighbors, supporters, and local leaders to experience the talents of { students with special needs through live performances and a curated art gallery. By showcasing student creativity and achievement, the event brings understanding, breaks down barriers, and builds a more connected, compassionate Santa Ana—one where partnerships translate into real impact for local families. Amount Requested 10000 i Proposed Use of Venue rental and food cost at The Estate on Second. $7,400.00,vAwards Funds and framed student art for honored community partners $2000.00, printing of program$300.00, additional equipment rentals $300.00 The intent of this funding is to offset the costs for OCCTAC's 2025-2026 Community Partner Celebration, We are respectfully requesting $10,000 f from the City of Santa Ana to help make this event possible. City support will allow us to host an inclusive, community-centered celebration that honors the businesses, foundations, and nonprofit partners who help us provide high-quality therapeutic arts programming to Santa Ana's lowest-income families with children with special needs. By helping cover venue, awards, printing and equipment rental expenses, this funding ensures that resources remain focused on serving our students and expanding access to our programs. 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- progra nit i