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HomeMy WebLinkAboutCAMBODIAN FAMILY, THE (5) 1"1SUIZANICE 110T REQUIWEb N-2026-118 WORK IVAY PROCEED CITY CLERK DATE.JUN 0 3 2026 C dvS CITY OF SANTA ANA Trwn.�,�LUzf DONATION AGREEMENT 1. PAltTiEs AND DATE This Donation Agreement ("Agreement") is made and entered into this 1911, 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 The Cambodian Family ("Recipient"). City and Recipient are sometimes individually referred to as "Party" and collectively as"Parties" in this Agreement. 2. RECrrALs 2.1 Community Benefit. The City wishes to provide Recipient with funding to assist Recipient with"2026 Cambodian New Year Celebration" {"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 supporting the Annual Cambodian New Year Celebration as it preserves cultural heritage, strengthens intergenerational and community connections, reduces social isolation, and improves access to culturally appropriate resources and services that promote overall community well-being. 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 CoNDr im 3.1 Use of Funds. The City has chosen to provide Recipient with a one-time payment of Seven Thousand Dollars ($7,000) 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 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. CITY OF SANTA ANA AONATIUN AGRFI';MEN'r ]Page 2 of S 3.3 Waivers, Insurance or Other Obli ag tions. 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 ongoing and may be implemented by the City at any time, and all insurance and waiver/releaso forms shall be provided on forms,in amounts and with provisions acceptable to City. 3.4 No Oversight by U . 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 trawma or injury. To this end, therefore, Recipient shall defend, indemnify and hold City and its officials, officers, employees, agents and volunteers free and � l 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 solo 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 siipcksedes' all prior' negotiati6ns, 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 c CITY OF SANI'A ANA DONATION AGRRr,,mr T 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 follow] i E f CITY OF SANTA ANA DONATI ON AGRrmrvII;NT Page 4 of 5 I IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the day and year first above written, i e ATI1ST: CITY OF ANTA A.NA. 4AN�• F • %lr=`fi 3ENNIFE HA L ALVARO NUKE City Cle City Manager I APPROVED AS TO FORM: SOMA R. CARVALHO ARTIST: City Attorney VBy: u� � Andrea Garcia Name: Amina Sen Senior Assistant City Attorney AtUi:The Cainbodian Family Address: 1626 E Fourth St City,CA Zip: Santa Ana,CA 92701 i RECOMMENDED FOR APPROVAL: I Atdw( MICFIAEL L, GAR IA Executive Director,Community Development Agency I i E i I I E I i i f f i CITY Of SANTA ANA DONATION AGREEMENT Page 5 of 5 El XHIBIT A Request for Donation Funds City of Santa Ana Powered by SubMIRable Title 0004 031031202E by Amina Sen-Matthews in Arts & Culture - id- 53377562 Special Event Sponsorship Request Form (SESRF) - 2025-2026 aminasm@cambodianfamily.org Original Submission 03/06/2026 Score nr' F Name of Primary Amina Contact Sen Contact Title Director of Programs Name of Entity The Cambodian Family (organization, business, neighborhood association) Check the box that Nonprofit 501(c)(3) applies to your entity. Additional Applicant T Names of applicable) Physical Address 1626 E. Fourth St, Santa Ana Ca 92701 us 33,747743 -117,845884 Mailing Address 1626 F. Fourth St Santa Ana Ca 92701 us 33.747743 -117.845884 Phone +17145711966 Email aminasrn@cambodianfamily.org Website wvvw.cambodianfarr ly,org Evert Name/Title 2026 Cambodian New Year Celebration Event Date(s) April 11, 2026 .........-- Is this event FREE Yes. .. _ ..--- -.._._ . .. ........ ..... ...... __. . . . . and OPEN to the public? Event Location(s) 1626 E. Fourth St. Santa Ana, Ca 92701 Letter/Email from Y Property Owner(for public art installations, murals, use of city parks, use I of spaces for workshops, eto.) What city ward(s) will Ward 3 the event be located (click on link below to find wards)? Number of expected 300 attendance for your event Brief Description of Our Annual Cambodian New Year Celebration is a culturally rooted Project community event that honors tradition, strengthens intergenerationa3 connections, and uplifts the Cambodian community. Cambodian New Year, traditionally celebrated in mid-April, marks a time of renewal, reflection, and gratitude. This event brings together families, elders, youth, and community partners for a day of cultural performances, traditional music and dance, blessings, community recognition, and shared meals. Through cultural demonstrations, j educational activities, and community resource outreach, the celebration preserves Khmer heritage while connecting families to supportive services and local resources. _ Describe the The Annual Cambodian New Year Celebration provides significant cultural, community benefits social, and community health benefits. As one of the most important of this event traditions in Cambodian culture, the event creates a space where families can gather, honor elders, and pass down cultural Knowledge to younger generations. This strengthens cultural identity, promotes intergenerational connection, and reinforces a sense of belonging within the community. The celebration also reduces social isolation, particularly among older adults and recent immigrants, by creating a welcoming environment where j community members can reconnect, celebrate shared traditions, and build supportive relationships. For youth, the event fosters pride in their heritage ; and encourages cultural preservation through traditional dance, music, and storytelling. In addition, the event serves as a trusted platform for outreach and education. Community-based organizations avid service providers are able a to share information about health, mental health, caregiving, social services, and other critical resources in a culturally and linguistically appropriate setting, This increases awareness, improves access to services, and strengthens trust between providers and the community. Overall, the Annual Cambodian New Year Celebration promotes cultural preservation, community cohesion, wellness, and equitable access to resources—contributing to a healthier, more connected, and empowered community, Amount Requested 10000 - - I I i i i Proposed Use of The requested $10,000 will directly support the successful planning, Funds execution, and community impact of the Annual Cambodian New Year � Celebration. Funds will be allocated as follows: Cultural Performances and Activities— $5,000 Honorarium for traditional dancers, musicians, and cultural performers Supplies for cultural demonstrations (e,g., costumes, instruments, traditional games) Event Logistics and Venue— $3,000 I Rental of community space or cultural center Equipment rental (tables, chairs, sound system) Decorations reflecting Cambodian heritage l Food and Refreshments—$1,000 Traditional Khmer meals and snacks for attendees Beverages for all participants l I 3 Outreach and Materials—$500 Flyers, social media promotion, and community outreach Multilingual signage (Khmer and Spanish)to ensure accessibility Safety, Supplies, and Miscellaneous —$500 First aid and safety supplies sanitation and cleaning materials Contingency for unforeseen expenses This budget ensures that funds are used efficiently to.create a meaningful, cuEturaily rich experience that strengthens community connections, i supports elders and families, and promotes Cambodian heritage, 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,orglapecial- event-sponsorship- prograrn/ 3