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HomeMy WebLinkAboutCHARITABLE VENTURES OF ORANGE COUNTY (28) 2022City of Santa Ana Clerk of the Council AGREEMENT TERMINATION FG Please complete this form in its entirety when the attached agreement and all amendments (if any) are no longer in effect. Mote: If your agreement is grant related, please ensure that all grant retention requirements have been satisfied prier to signing the termination form. Is the agreement(s) a permanent record? Yes No Return form to the Clerk of the Council Office (M-30). Call 647-1520 if you have any questions. The agreement with ChwiTN COTC Office use O C2,022", t~& of Sari A Clerks Of, N-2022-110 \' No. - was completed on and final payment has been made. (List all amendments. Use space below if needed.) Department: C, p E1 Phone/Ext.: j S Signature: L ftA.&ZNj�. Date:F i:�agreementsldorms\form - agreement termination forrn_goldenrod.doc INSURANCE NOT REQUIRED WORK MAY PROCEED CLERK OF COUNCIL DATE:.- o2 j CROAt 0_C9Pr(m) yv - (`Y°kVy\ 1. PARTIES AND DATE CITY OF SANTA ANA DONATION AGREEMENT N-2022-110 This Donation Agreement ("Agreement") is made and entered into this 1111 day of April, 2022, 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 (Santa Ana Grants for Blocks a Project of Charitable Ventures of Orange County, the fiscal receiver for applicant Santa Anita Neighborhood Association) ("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 Anita Dia de los Ninos, a cultural and resource fair ("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 providing a safe and positive opportunity for families to get together, gain access to city and other community resources, and highlight culture, music, and dance regarding the significance of Dia del Nino. The event will also feature free fun family activities such as toy distribution, balloon making, and face painting. 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 3.1 Use of Funds. The City has chosen to provide Recipient with a one-time payment of THREE THOUSAND, SEVEN HUNDRED FIFTY DOLLARS ($3,750) 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 fast above written and remain in effect unless and until terminated by the City. The City has the right to terminate this Agreement upon one day's notice, with or without cause. 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 or, 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 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. 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 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 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 Parry warrants that the 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. CITY OF SANTA ANA N-2022-110 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: APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: L Ryan O. 1 Assistant RECOMMENDED FOR APPROVAL: Steven A. Mendoza Assistant City Manager Executive Director, Community Development Agency CITY OF SANTA ANA Kristine City Manager ARTIST: k1iQ �it11�i 46S�1i.ocb(xd k9060A 10/U Sign Print Name. �Y�r Address:_ ©`I N• �vvS���`"T Sas��ny 'T: 7 6,3 ARTIST: r(gje,-+Jul fdvL- _✓�`����✓U�Z�tJ li•G• Sign IDb a�a ff��G bD Print Name: M"AkOA 6"/f/uee'lloniv u Address: j�y , S)�'474 ��/�v1iq C%a-Pla�•D� CITY OF SANTA ANA DONATION AGREEMENT Page 5 of 5 Request for Sponsorship Funds City of Santa Ana Powered by subminable [� Title 0028 12/21 /2021 by Felipe Guerrero in Arts & Culture - Special id. 22080681 Event Sponsorship Request Form (SESRF) - 2021 godfnano@gmail.com Original Submission 12/21/2021 Name of Primary Felipe Contact Guerrero Contact Title Predt Name of Entity Santa Anita Neighborhood Association (organization, business, neighborhood association) Check the box that Santa Ana Neighborhood Association (city -recognized) applies to your entity: Additional Applicant Martha Calderon, Events Coordinator Names (if applicable) Physical Address 204 N Susan Street Santa Ana California 92703 us Mailing Address 204 N Susan Street Santa Ana CA 92703 us Phone +17145565513 Email godfnano@gmail.com Website Event Name/Title Santa Anita Dia de los Nirios Event Date(s) Saturday, April 30, 2021 Is this event open to Yes the public? Event Location(s) Cesar Chavez Campesino Park - 3311 W. 5th Street, Santa Ana, CA 92703 What city ward(s) will Ward 1 the event be located Ward 5 (click on link below to find wards)? Number of expected 275 attendance for your event Brief Description of Santa Anita neighborhood association proposes a resource fair Project event (non-profit orgs, Project Kinship, SAPD, New Hope Library, other City departments) to share info with families and children at Campesino Park along with a theme connecting to the cultural celebration of Dia del Nino. Event will offer a toy distribution to children in attendance by a generous donor. Event will also feature fun family activities such as balloon -making, face -painting, cultural dancers (e.g. folklorico), and brief highlights of the tradition of Dia del Nino. DJ entertainment and food truck vendor will be onsite. Describe the This resource event that celebrates Dia del Nino would provide a safe community benefits and positive opportunity for families to get together, gain access to of this event City and other community resources, and highlight culture regarding the significance of Dia del Nino and music and dance performances in the neighborhood to raise awareness about cultural pride to the next generation of our neighborhood - our children. Amount Requested 5000.0 Proposed Use of 1. Vendors for children activities - Balloon -making, Face -painting Funds 2. Vendors - Dance Group Performers 3. Vendor - DJ and sound 4. Purchase of toys 5. Prepay meals (food truck operator) and/or health permit costs, and OCFA special event cost 6. Any associated Campesino Park / West Field and Parking Lot usage / rental costs By submitting this 1 agree application, I have read and agree to be bound by the terms and conditions of the Sponsorship Policy found on the website: hftps://www.santa- ana.org/cd/arts- culture-office/speci al - event -sponsorship - policy