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Home My WebLink AboutGONZALEZ, ERICAINSURANCE NOT REQUIRED WORK MAY PROCEED CITY CLERK N-2023-349 DATE: DEC 19 2023 0.. CVA(0) �T. L,&) A-16, 1. PARTIES AND DATE CITY OF SANTA ANA DONATION AGREEMENT This Donation Agreement ("Agreement") is made and entered into this 15" day of November, 2023, 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 Erica Gonzalez ("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 "Fairy Gardens" ("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 Pumose. The City believes there is a public purpose in providing youths an opportunity to beautify their neighborhood by creating small fairy gardens of different varieties in the Delhi Neighborhood, lining their path to school and walks around the community. They will not only be able to create themes for the gardens, they will also learn about pollinator -friendly flowers and plants, along with the value in reusing and upcycling. 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 TWO THOUSAND, FOUR HUNDRED, TWENTY DOLLARS ($2,420) 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 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 OF SANTA ANA DONATION AGREEMENT Page 2 of 4 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 Party warrants that the CITY OF SANTA ANA DONATION AGREEMENT Page 3 of 4 N-2023-349 individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement bind each respective Party. 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 CITY OF SANTA ANA 4 41, vw ZA � - HOMAS R. HATCH Interim City Manager RECIPIENT: Andrea Garcia -Miller Erica Gonzalez Assistant City Attorney 204 E. St. Gertrude Place Santa Ana, CA 92707 RECOMMENDED FOR APPROVAL: ?4�4 MICHAEL L. GARCIA Executive Director, Community Development Agency CITY OF SANTA ANA DONATION AGREEMENT Page 4 of 4 EXHIBIT A Request for Sponsorship Funds City of Santa Ana Powered by Submittable U Title 0020 09/15/2023 by Erica Gonzalez in Arts & Culture - Special id. 44083312 Event Sponsorship Request Form (SESRF) - 2023 ericagonl@gmail.com Original Submission Name of Primary Erica Contact Gonzalez Contact Title Santa Ana Resident Name of Entity Erica Gonzalez (organization, business, neighborhood association) Check the box that Individual/Community Group applies to your entity: Additional Applicant Names (if applicable) Physical Address 204 E St Gertrude PI 09/15/2023 Santa Ana CA 92707 us Mailing Address 204 E St Gertrude PI Santa Ana CA 92707 us Phone +19498913193 Email ericagonl@gmaii.com Website Event Name/Title Fairy Gardens Event Date(s) 3/17, 3/31, 4/28 Is this event FREE Yes and OPEN to the public? Event Location(s) Delhi Neighborhood, block of 200 E Saint Gertrude PI What city ward(s) will Ward 6 the event be located (click on link below to find wards)? Number of expected 30 attendance for your event Brief Description of Youth will be creating small fairy gardens of different varieties along the Project 200 block of Saint Gertrude and the bike trail from Warner Ave - Edinger Ave. They will reuse household items to build homes and plant various succulents and other native plants to the area. Youth will create themes for the gardens and utilize existing landscaping, trees and plants within their gardens. This is a great opportunity for the community to come together and create something that will be around for a long time. Describe the Students, parents, and youth can come together and beautify the area by community benefits creating an enchantingly pleasing atmosphere for students and parents of this event while they walk to school as well as neighbors to enjoy while walking around their community. It's an opportunity for the community to come together and create something within their neighborhood that they will all be able to enjoy for years to come. Fairy Gardens not only help the environment because we can plan pollinator friendly flowers and plants, but we also encourage folks to reuse and upcycle, so we're also giving a second chance to items that are no needed and giving them new life. Amount Requested 3005.0 Proposed Use of Supplies for gardens: Funds plants $1000, soil $250, pots $160, decor $450, fertilizer $145, pebbles $175, flowers $160, gardening tools $65, gloves $50, food $200, beverages $100, marketing and promotion $250. 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/cd/arts- culture-office/s pecial- event-sponsorship- policy City of Santa Ana Title 0020 by Erica Gonzalez in Arts & Culture - Special Event Sponsorship Request Form (SESRF) - 2023 ericagonl@gmail.com Powered by Submittable U 09/15/2023 id. 44083312 Original Submission 09/15/2023 Name of Primary Erica Contact Gonzalez Contact Title Santa Ana Resident Name of Entity Erica Gonzalez (organization, business, neighborhood association) Check the box that Individual/Community Group applies to your entity: Additional Applicant Names (if applicable) Physical Address 204 E St Gertrude PI Santa Ana CA 92707 us Mailing Address 204 E St Gertrude PI Santa Ana CA 92707 us Phone +19498913193 Email ericagonl@gmaii.com Website Event Name/Title Fairy Gardens Event Date(s) 3/17, 3131, 4/28 Is this event FREE Yes and OPEN to the public? Event Location(s) Delhi Neighborhood, block of 200 E Saint Gertrude PI What city ward(s) will Ward 6 the event be located (click on link below to find wards)? Number of expected 30 attendance for your event Brief Description of Youth will be creating small fairy gardens of different varieties along the Project 200 block of Saint Gertrude and the bike trail from Warner Ave - Edinger Ave. They will reuse household items to build homes and plant various succulents and other native plants to the area. Youth will create themes for the gardens and utilize existing landscaping, trees and plants within their gardens. This is a great opportunity for the community to come together and create something that will be around for a long time. Describe the Students, parents, and youth can cone together and beautify the area by community benefits creating an enchantingly pleasing atmosphere for students and parents of this event while they walk to school as well as neighbors to enjoy while walking around their community. It's an opportunity for the community to come together and create something within their neighborhood that they will all be able to enjoy for years to come. Fairy Gardens not only help the environment because we can plan pollinator friendly flowers and plants, but we also encourage folks to reuse and upcycle, so we're also giving a second chance to items that are no needed and giving them new life. Amount Requested 3005.0 Proposed Use of Supplies for gardens: Funds plants $1000, soil $250, pots $160, decor $450, fertilizer $145, pebbles $175, flowers $160, gardening tools $65, gloves $50, food $200, beverages $100, marketing and promotion $250. 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/cd/arts- culture-office/s peci al - event -sponsorship - policy