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HomeMy WebLinkAboutDELHI CENTER (26) INSURANCE NOT REQUIRED WORK MAY PROCEED CITY CLERK N-2024-206 DATE: l¢ 1stz9 CITY OF SANTA ANA : CC OF) Co) JUN 1 $ 2024 DONATION AGREEMENT 1. PARTIES AND DATE This Donation Agreement ("Agreement") is made and entered into this 306 day of May, 2024, 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 Delhi Center ("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 "Empower Through Reading: A Pilot Literacy Campaign by Delhi Center" ("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 elevating literacy levels among community members of all ages, while fostering a love for reading and writing and strengthening community ties through collective literary endeavors. The event will include writing workshops, family literacy nights, literacy challenges, and literacy tutoring support. 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, FIVE HUNDRED, THIRTY-NINE DOLLARS, AND SEVENTY-FIVE CENTS ($2,539.75) 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 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: CITY OF SANTA ANA 40/44:\q14.4 JENNII=E, . HA L '_-- - ALVARO NUNEZ r; Cit Acting City Manager 6t 1 2.0Z y APPROVED AS TO FORM: SONIA R. CARVALHO ARTIST: City Attorney By: (/ Od11044--- ie. � Andrea arcia-Mille PATRISIA GONZALEZ Assistant City Attorney Delhi Center 505 East Central Avenue Santa Ana, CA 92707 RECOMMENDED FOR APPROVAL: MI AEL 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 Submittablo D Title 0092 03/01/2024 by Patrisia Gonzalez in Arts & Culture - Special id. 45755678 Event Sponsorship Request Form (SESRF) - 2023 505 East Central Ave Santa Ana, California 92707 CA United States 7144819625 patrisia@delhicenter,org Original Submission 03/01/2024 Score n/a Name of Primary Patrisia Contact Gonzalez Contact Title Associate Director Name of Entity Delhi Center (organization, business, neighborhood association) Check the box that Nonprofit 501(c)(3) applies to your entity: Additional Applicant Names (if applicable) Physical Address 505 East Central Avenue Santa Ana CA 92707 US 33.71509 -117.86078 Mailing Address 505 East Central Avenue Santa Ana CA 92707 US 33.71509 -117.86078 Phone +17144819625 Email patrisia@delhicenter.org Website www.delhicenter.org Event Name/Title Empower Through Reading: A Pilot Literacy Campaign by Delhi Center Event Date(s) April 1, 2024 - December 31, 2024 (9 months) Is this event FREE Yes and OPEN to the public? Event Location(s) Delhi Center, 505 East Central Avenue, Santa Ma, CA 92707 Letter/Email from Property Owner (for public art installations, murals, use of city parks, use of spaces for workshops, etc.) Lette r_from_Property_Owne r.docx What city ward(s) will Ward 6 the event be located (click on link below to find wards)? Number of expected 100+ attendance for your event Brief Description of This pilot initiative aims to elevate literacy levels among community Project members of all ages, foster a love for reading and writing, and strengthen community ties through collective literary endeavors. Target Audience: children, teens, adults, and seniors. Activities include: Writing Workshops: Explore diverse genres and practical applications in creative storytelling, aiming for future expansions based on participant feedback. Family Literacy Nights: Introduce monthly family-oriented literary events. Literacy Challenges: Implement initial reading and writing challenges to motivate community involvement and literary exploration. Literacy Enhancement: In partnership with Monroe Elementary, target 5 fourth-graders who would most benefit from one-on-one tutoring support. Describe the The community will greatly benefit from the "Empower Through Reading: community benefits Launching Our Pilot Literacy Campaign" at the Delhi Center in several of this event impactful ways: Enhanced Literacy Skills: By elevating literacy levels among individuals of all ages, the program ensures that everyone from children to seniors gains improved reading and writing abilities. This fundamental skill set is crucial for personal development, educational advancement, and better job prospects. Increased Love for Reading and Writing: The campaign fosters a love for literature through engaging activities and workshops, encouraging a lifelong habit of reading and writing that can provide both personal enjoyment and educational benefits. Strengthened Community Ties: By bringing community members together through shared literary activities and events, the program promotes unity, understanding, and mutual support among residents, enhancing the overall social fabric of the area. Access to Resources and Expertise: The distribution of reading and writing resources, along with access to local authors, educators, and literary figures, provides valuable tools and insights that might otherwise be inaccessible to community members. Motivation and Engagement: Literacy challenges and family literacy nights motivate community members to engage with literature and literacy activities, turning passive consumption into active participation and learning. Tailored Support for Youth: The partnership with Monroe Elementary School to target specific students who would benefit from one-on-one tutoring addresses the critical transition period before middle school, aiming to boost confidence and competency in literacy among young learners. Recognition of Achievements: The culmination event, including participant showcases and an award ceremony, celebrates individual and collective accomplishments, fostering a sense of pride and achievement within the community. Literary Culture and Visibility: The Delhi Center Book Fair not only celebrates the campaign's achievements but also highlights the importance of literacy within the community, encouraging ongoing engagement with literature and learning. Overall, the program promises to enrich the community's cultural landscape, empower individuals with critical literacy skills, and foster a supportive environment where literacy can thrive, setting a positive trajectory for future growth and development. The following is the full Description of the Program and Culmination Event which details the activities and benefits of this program. Empower Through Reading: Launching Our Pilot Literacy Campaign at Delhi Center Objective: This pilot initiative aims to elevate literacy levels among community members of all ages, foster a love for reading and writing, and strengthen community ties through collective literary endeavors. This foundational year will establish the groundwork for annual enhancements tailored to our community's evolving literacy needs. Target Audience: Our pilot program is designed to engage community members across all age brackets, offering specialized activities for children, teens, adults, and seniors to ensure comprehensive community involvement. Pilot Program Components: • Writing Workshops: Launch initial workshops led by local authors or educators to develop various writing skills. This pilot phase will explore diverse genres and practical applications, from creative storytelling to effective resume construction, aiming for future expansions based on participant feedback and collaboration with SAUSD educators. • Guest Speaker Series: Begin a series of inspirational talks with local literary figures to enrich participants' understanding and appreciation of the literary arts. This pilot series airrb to lay the foundation for an ongoing dialogue between the community and the wider literary world. • Family Literacy Nights: Introduce monthly family-oriented literary events to foster familial bonding and literacy fun. Utilizing the warmer seasons, these pilot events will serve as a model for future literacy celebrations and community engagement. • Literacy Challenges: Implement initial reading and writing challenges to motivate community involvement and literary exploration. These pilot challenges will help gauge effective formats and themes for encouraging literary participation. • Resource Distribution: Distribute reading and writing resources to participants, establishing partnerships with local libraries, bookstores, and educational bodies. This initial distribution will inform future resource provision strategies to best support our community's literacy development. • Literacy Enhancement Pilot program in Collaboration with Monroe Elementary: In partnership with Monroe Elementary School, develop a pilot literacy program targeting 5 fourth graders who would most benefit from one-on-one tutoring support. The goal is to increase their literacy confidence before Middle School. Culmination Event: Delhi Center Book Fair— A Santa Ana Literary Prelude Objective: Mark the culmination of our pilot literacy campaign by celebrating participant achievements, exhibiting their literary contributions, and emphasizing literacy's role in our community. Features of the Culmination Event: • Participant Showcases: Offer a platform for participants to present their written work or favorite readings, inviting community leaders to participate and inspire. • Award Ceremony: Acknowledge remarkable achievements and contributions made by participants throughout the pilot program. • Book Fair: Establish a community book fair in partnership with local literary entities, setting the stage for an annual literary celebration. This pilot campaign represents the first step in our ongoing commitment to enhancing literacy and community cohesion through annual program refinement and community feedback. Amount Requested 15000.0 Proposed Use of Objective: To ensure the successful execution of our arts and cultural Funds program by compensating three dedicated part-time Program Leaders for their vital roles. Details: Description: Funds will support the compensation of three part-time Program Leaders responsible for coordinating activities, developing lesson plans, organizing events, executing activities, tutoring, preparing materials, and guaranteeing the program's success. Hours: Each Program Leader is expected to contribute approximately 10 hours per week. Rate: An hourly rate of $17.50 is proposed for each Program Leader. Total Hours per Pay Period (Bi-weekly): 60 hours, reflecting the combined contribution of all Program Leaders. Pay Periods: The program spans across 15 bi-weekly pay periods. Total Compensation: For the duration of the program, the total compensation for all Program Leaders combined is projected to be $15,750. This encompasses 60 hours of work per pay period, across 15 pay periods, at an hourly rate of$17.50. Justification: This funding is critical for maintaining the high quality of our program. The Program Leaders play a pivotal role in enhancing the cultural and educational experience for participants, aligning with the eligibility criteria outlined in the Special Event Sponsorship Policy by Santa Ana's Arts and Culture Office. Their expertise and dedication are essential for the program's operational success and the achievement of its objectives. 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/special- event-sponsorship- program/