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Home My WebLink AboutORANGE COUNTY HERITAGE COUNCIL INSURANCE NOT REQUIRED WDRK WY PRMEEll M-2026-126 CITY CLERK "'JUN 0 3 2026 I �m AQpz) CITY OF SANTA ANA I DONATION AGREEMENT 1. PARTms AND DATE i This Donation Agreement ("Agreement") is made and entered into this 19th day of April, 2026, by and between the City of Santa Ana, a charter city and municipal corporation organized and i existing under the Constitution and the laws of the California ("City"), and Orange County Heritage Council ("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,"Roots in the Block"("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 PMose. The City believes there is a public purpose in hosting a free, family- friendly community festival at Jerome Central Park that celebrates Santa Ana's cultural diversity I through Mariachi, funk, Gospel choirs, and hip- hop performances, while creating opportunities for community gathering, supporting local businesses, and strengthening community pride and connection. 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 6 f 3.1 Use of Funds. The City has chosen to provide Recipient with a one-time payment of Two Thousand, Six Hundred, Sixty-Seven Dollars ($2,667) 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 Agreenient. 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 (1.0%) per annum. Notwithstanding the foregoing, the indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. i CITY or, SANTA ANA € DONATION AGUE,EMENT � Page 2 of 5 r I i i 3.3 Waivers,.insurance or Other Obli ons. 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 fortes 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 j 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, 1 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 i 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 i 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, I 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 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 f CITY or SANTA ANA DONMON AGREEMENT Page 3 of 5 i individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement bind each respeotive Party. � [stgnatures to follow] i i i i i iS 1 i i i I CITY Or SANTA ANA DONATION ACREi;14 ENT Page 4 of 5 IN WH ESS WHEREOF,the parties hereto have executed this Agreement on the day and year first above written, ATTEST: CITY OF S A ANA u � JENNIFE ALVARO NUNEZ Cj City Manager i I APPROVED AS TO FORM; I SONIA R•CARVALHO ARTIST: City Attorney By: J Andrea Garcia Name:Dwayne Shipp Senior Assistant City Attorney Attn:Orange County Heritage Council Address: 1754 W Willits St City,CA Zip:Santa Ana,Ca 92703 RECOMIVIENDED FOR APPROVAL: i I I I MICHAEL L.GARCIA Executive Director,Community Development Agency i I i I i i City of Santa Ana Lowered by SubrifiabIG Title 0024 03/30/2026 by Dwayne Shipp In Arts &Culture -Special Event id- 53674617 Sponsorship Request Form (SESRF) -2025.2026 SANTA ANA,California 92703 CA United States 7145799966 orangecountyhodtagecouricii@gmelf.com Original Submission 03/3012026 Score rVa Name of Prinmry Dwayne Contact Shipp Contact Title President • Name of Entity OCHC (organization, business, neighborhood association) Check the box that Nonprofit 501(c)(3) applies to your entity. Additional Applicant Names (if applicable) Physioal Address 1754 West Willfts.Street Contra)City SANTA ANA California 92703 us 33.739669 -117.893617 Mailing Address Street SANTA ANA California 92703 us 33.753301 -117.924106 Phone +17145799986 ... Email OrangecountyhoritagecounciI@gmall.com Vye bs 1t9 \&«@/W.[J[-H C.0 RG | _—..... Event Narne7TiUS ROOTS IN THE BLOCK .......... EVeDfD@t$(s) 09~26-2026 Is this thisevent FREE Yes � and OPEN to the ! public? EventLocQtion(s) jEROME CENTER Letber/Ema8fr0m Property Owner(for pUb|Ic art installations, OoUr8|s, use of city parks, use | of spaces for workshops, etc.) What city VVard(n)will Ward 2 ! the event belocated (click on IiDk below to find wards)? | Number ofexpected 500-1000 | attendance for your ! event � Brief Description of The Roots 0Mthe Block Festival P�� is a �e. ��k�en�o0n�� ' Project initiative designed to celebrate the cultural diversity, ^a�Vih/,'and unity Santa/�Va. Hosted adJ$noD1e Center Park, the event brings creativity, - � anbadWiAO}e[t--DqlUdiog madachi. fwMk bands, church choirs, DJ&. and hi' hop artists—alongside local vendors,food, and interactive actV0 'K 88orm( ages. The project creates a welcoming space where residents can o0DDect` | sUppo� srOal1businesses, access omM1n0Wnityresources, and e ' / inclusive cultural experiences. Thn8nnhR1U�� (� �fmD��« enjoy . `r. , @ , �O ., engagement, � Roots qnthe Block strengthens community pride, encourages cross- cultural aDDne8iatiUn, 8Dd fosters 8 vibrant, connected neighborhood eDV|r0M[n eDƒ. i I Describe the The Roots on the Block Community Festival is a vibrant celebration of community benefits Santa Ana's cultural diversity, bringing together music, dance, and - of this event community in one shared space, Featuring everything from mariachi and gospel choirs to flunk and hip-hop, the event honors tradition while embracing modern expression, creating a dynamic, intergenerational experience. J Ben fi }Beyond entertainment, the festival strengthens community bands, supports local businesses, and provides families with free, accessible activities and resources. It serves as a platform for cultural pride, creative expression, and unity---capturing the true spirit and heartbeat of Santa Ana. Amount Requested 10000 I Proposed Use of Use of Funds Funds Show Mobile (Stage & Setup): $1,700 E i Park Rental Permit: $1,700 Generator for Sound System: $1,000 i Professional Sound System: $4,000 DJ Fees. $100/hour per DJ (3 DJs total; duration-based cost) Live Entertainment Fees: Payments for bands and performers, including mariachi, funk bands, choirs, and hip-hap artists Jump Houses & Kids Activities: Rental and setup costs for family-friendly attractions Food for Entertainment/Staff:Hospitality and meals for performers, ' volunteers, and crew i i Flyer Design & Marketing: Graphic design, printing, and promotional outreach Security Services: Personnel to ensure a safe and organized event j environment Restroom (Portable Toilets): Rental and maintenance of porta potties Handwashing Stations (Sinks): Rental to maintain sanitation and hygiene standards f i E By submitting this I agree application, I have read and agree to be bound by the terra and oonditions of the Sponsorship Policy found on the website: https://www.santa- ane,orglspeclal- event-sponsorship program/ I h I I I i i i i I