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Item 12 - Agreement with Power of One Foundation (POOF), for a co-presented Fiestas Del Ma
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Item 12 - Agreement with Power of One Foundation (POOF), for a co-presented Fiestas Del Ma
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9/20/2024 9:18:04 AM
Creation date
9/11/2024 9:09:05 AM
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City Clerk
Doc Type
Agenda Packet
Agency
Parks, Recreation, & Community Services
Item #
12
Date
9/17/2024
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1 <br />AGREEMENT FOR CO-PRESENTATION OF AND REVENUE SHARING FOR <br />FIESTAS DEL MARIACHI EVENT <br />THIS AGREEMENT is made and entered into this 17 <br />th day of September 2024 (“Effective Date”) by <br />and between Power of One Foundation Inc, a California non-profit public benefit corporation <br />(hereinafter “Foundation”), and the City of Santa Ana, a charter city and municipal corporation <br />organized and existing under the Constitution and laws of the State of California (hereinafter “City”). <br />Foundation and City are also referred to as the Parties or singularly as a Party. <br />RECITALS <br />A. City desires to co-present a Fiestas Del Mariachi (“Event”) at the City’s Santa Ana Stadium <br />(“Stadium”). The Event will feature a youth talent showcase and resource fair in the morning <br />and afternoon, and an evening portion of the Event with professional Mariachi bands and <br />performers; <br />B. The Parties have agreed to share revenue in an effort to ensure reimbursement of all <br />expenditures by the Parties, and to allow the City to determine whether it would like to co- <br />present similar events in the future through a public-private partnership; <br />C. Foundation is a non-profit public benefit corporation whose mission is to provide basic <br />human resources to every person in need of them, regardless of their country of origin, race, <br />gender, or socioeconomic status; <br />D. The Event supports the Foundation’s Mission by empowering youth and supporting mental <br />health through music; and <br />E. Foundation has experience in planning and holding large scale community events. <br />Foundation also represents that any services performed by Foundation under this <br />Agreement will be performed in compliance with such standards as may reasonably be <br />expected from a professional non-profit foundation. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms <br />and conditions hereinafter set forth, the parties agree as follows: <br />1. FOUNDATION OBLIGATIONS <br />Foundation will provide the necessary planning, management, staffing, and services required to put <br />on the Event (except those items and services specifically excluded below in this Agreement) at <br />Foundation’s expense. The Parties agree that Event will be held on October 13, 2024, but should the <br />need to reschedule the Event occur, the Parties agree to work together to determine a mutually <br />agreeable new date. The planning, management and services required to put on the Event shall <br />include, but are not limited to, the following: <br />A. Event Permit <br />Foundation shall submit application for City Special Event Permit (“Permit”) and shall comply with all <br />conditions and requirements set forth in Permit, City special event rules, policies and procedures as <br />Exhibit 1
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